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, MARCH 4, 2008 No. 36 House of Representatives The House met at 12:30 p.m. and was take these men and women very seri- ment is not to tilt in favor of cycling, called to order by the Speaker pro tem- ously when they bring their message to although I could certainly make that pore (Ms. ROYBAL-ALLARD). Capitol Hill. argument, but just to level the playing f Yes, bicycling is fun. We know that field. from our youth. Everybody seems to Why do some Members of Congress DESIGNATION OF SPEAKER PRO have a bicycling story that they love think it’s all right to give tax benefits TEMPORE to tell. However, there are many rea- to commuters that burn gasoline to The SPEAKER pro tempore laid be- sons why bicycling should be taken help them cushion their costs, but are fore the House the following commu- very seriously by policymakers. Con- against providing modest tax benefits nication from the Speaker: sider the times. Remember last year for those who burn calories instead? WASHINGTON, DC when oil averaged $72 per barrel and Three times the House of Representa- March 4, 2008. gasoline averaged $2.81 per gallon and tives has passed a modest reform for I hereby appoint the Honorable LUCILLE how people were deeply concerned bike commuter equity, but it has yet ROYBAL-ALLARD to act as Speaker pro tem- about those increases over just the to be enacted into law. pore on this day. year before? Well, already oil is signifi- Mostly it’s time to set the table for NANCY PELOSI, cantly over $100 a barrel and rising gas- the massive transportation reauthor- Speaker of the House of Representatives. oline prices are expected to perhaps ization that will be before us next Con- f reach as much as $4 a gallon this sum- gress. I have introduced House Concur- MORNING-HOUR DEBATE mer. rent Resolution 305, which would be the There is also an emerging consensus first comprehensive bicycling policy The SPEAKER pro tempore. Pursu- on global warming that it is not just an statement as a guide for authorization ant to the order of the House of Janu- urgent problem, but that transpor- and beyond. ary 4, 2007, the Chair will now recog- tation is the largest source of carbon I urge my colleagues to look at it. nize Members from lists submitted by emissions that we can manage quickly It’s the simplest, most cost-effective the majority and minority leaders for to reduce. The carbon emissions from direction the Federal Government can morning-hour debate. riding a bicycle to work or to the store give to make more transportation The Chair will alternate recognition or for exercise are zero. choices for Americans, to provide safer between the parties, with each party Consider the livability of our cities opportunities for our children to get to limited to 30 minutes and each Mem- and neighborhoods as we are struggling school, to deal with health and climate ber, other than the majority and mi- with traffic congestion, air pollution, change, and to heal our communities nority leaders and the minority whip, and the quality of life in every neigh- while we strengthen our bodies and im- limited to 5 minutes. borhood and downtown and everywhere prove our spirits. The Chair recognizes the gentleman in between. Bicycles, obviously, make Bicyclists are an indicator species of from Washington (Mr. BLUMENAUER) a huge difference there. a livable community, a place where our for 5 minutes. Last but not least, impacts on our families are safe, healthy and economi- f health. There is great unease about cally secure. It’s time for the Federal soaring health care costs. There is a Government to step up and do its part. NATIONAL BIKE SUMMIT childhood obesity epidemic. The bicy- Mr. BLUMENAUER. Thank you, cle is the simplest, most cost-effective f Madam Speaker. way to be able to enhance our health as This week, hundreds of cyclists from we enhance the quality of life for our WHAT GEORGE WOULD HAVE around America will descend on Cap- young people. Think for a moment DONE itol Hill to advocate on behalf of Amer- right now how many people somewhere The SPEAKER pro tempore. Pursu- ica’s 100 million people who enjoy bicy- in America are stuck in traffic on their ant to the order of the House of Janu- cling for recreation, for their liveli- way to ride a stationary bike at a ary 4, 2007, the gentleman from Wash- hood, and some for basic transpor- health club. These are all initiatives ington (Mr. MCDERMOTT) is recognized tation. that can be dealt with by taking over during morning-hour debate for 5 min- With 176 members of the Congres- 100 million bicycles that are stored in utes. sional Bicycle Caucus, I know there our garages and basements and locked Mr. MCDERMOTT. Madam Speaker, will be great receptivity in many of- to a back porch and putting them to over the weekend, the Washington Post fices, but it is time for everybody to use. The role for the Federal Govern- carried a thoughtful op-ed that I think

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

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VerDate Aug 31 2005 02:38 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.000 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1190 CONGRESSIONAL RECORD — HOUSE March 4, 2008 we ought to send down to the White The President says he hasn’t heard John Pitt was never taken into American House to make sure the President that respected economists are talking custody, but in the event that Pitt was cap- reads. It’s called ‘‘Lessons on Iraq from about $4 a gallon gasoline next month. tured, Washington warned Arnold, ‘‘You can- a Founding Father.’’ The author, Brian He’s the only one who’s missed the not err in paying too much Honour to the Son of so illustrious a Character, and so true O’Malley, an adjunct professor at Jones news. Gas is up almost $1 from a year a Friend to America.’’ College in Jacksonville, Florida, re- ago. Diesel prices have already climbed This insistence on kind treatment ex- minds us that the Nation’s first Presi- to $3.60. But they have a rose garden tended beyond Pitt. Washington wrote, ‘‘Any dent, George Washington, could offer down at the White House and a Presi- other Prisoners who may fall into your some good insights into what to do in dent who thinks everything is rosy. Hands, you will treat with as much Human- Iraq. And if he says it, then it must be true. ity and kindness, as may be consistent with In the fall of 1775, before the Declara- What is true is that Americans are your own Safety and the publick Interest.’’ tion of Independence, the fledgling Na- using credit cards just to try and stay Washington told Arnold to restrain the Continental troops and their Indian allies tion prepared to invade Canada, in afloat. What is true is that a record what the author calls America’s first ‘‘from all Acts of Cruelty and Insult, which number of Americans are losing their will disgrace the American Arms, and irri- preemptive war. George Washington homes to foreclosure. What is true is tate our Fellow Subjects against us.’’ had misgivings, and he expressed them that a President fixated on waging a Fourth, any Americans who mistreated Ca- in his letters to his commander, Colo- perpetual Iraq war ignored the urgent nadians should be punished. ‘‘Should any nel Benedict Arnold. needs of the American people. He has American Soldier be so base and infamous as Washington explicitly told Arnold to squandered their money and our lead- to injure any Canadian or Indian, in his Per- be sure that the Canadian people want- ership. The only signs pointing upward son or Property,’’ Washington wrote, ‘‘I do most earnestly enjoin you to bring him to ed America to cross the border. In his for the President are those that pro- words, ‘‘ever bearing in mind that if such severe and exemplary Punishment as claim more bad news—another house the Enormity of the Crime may require.’’ In they are averse to it, and will not co- foreclosed, another family bankruptcy. operate, or at least willingly acquiesce, an accompanying letter Washington added, Instead of gazing out the window at the ‘‘Should it extend to Death itself it will not it must fail of success. In this case you rose garden, the President ought to try be disproportional to its Guilt, at such a are by no means to prosecute the at- walking down Main Street and talking Time and in such a Cause.’’ tempt.’’ to a few people. He is out of touch and Fifth, respect the people’s religion. ‘‘As the Washington also understood that the America is out of time. Contempt of the Religion of a Country by safety of his soldiers depended on how ridiculing any of its Ceremonies or affront- they treated people, and he urged re- [From the Washington Post, Mar. 1, 2008] ing its Ministers or Votaries, has ever been straint. In his words, ‘‘not only the LESSONS ON IRAQ FROM A FOUNDING FATHER deeply resented, you are to be particularly good of their country and their honor, (By Brian O’Malley) careful to restrain every Officer and Soldier but their safety depends upon the What would George Washington do about from such Imprudence and Folly and to pun- Iraq? In a December Outlook essay, historian ish every Instance of it.’’ treatment of these people.’’ American ideals won immediate support The first President also worried Joseph J. Ellis argued that it’s not possible to theorize exact answers because the ‘‘gap from the Canadians, but American mis- about treating prisoners properly and conduct squandered it. Contrary to Washing- with respect. He ordered his com- between the founders’ time and ours is non- negotiable, and any direct linkage between ton’s orders, some American commanders mander to restrain his forces, in his them and now is intellectually problematic.’’ disrespected Canadians’ religion, property words, ‘‘from all acts of cruelty and in- But Ellis also conceded that this position is and liberty. sult, which will disgrace the American ‘‘unacceptable to many of us, because it sug- Lamenting this American misconduct, arms, and irritate our fellow subjects gests that the past is an eternally lost world Washington wrote to Gen. Philip Schuyler against us.’’ that has nothing to teach us.’’ on April 19, 1776, ‘‘I am afraid proper meas- Washington even warned of con- History does hold lessons about today’s ures have not been taken to conciliate their sequence against any American found issues, and this is clear when considering affections, but rather that they have been in- sulted and injured, than which nothing could to mistreat a prisoner. And Wash- Iraq and U.S. conduct in the war against ter- rorism. Consider the 1775–76 invasion of Can- have a greater tendency to ruin our cause in ington understood the need to respect that country; for human nature is such that religion, telling his commander to re- ada, America’s first preemptive war, which ended just days before Congress ratified the it will adhere to the side from whence the strain officers and soldiers from any Declaration of Independence. best treatment is received.’’ ridicule or disrespect of religion. On Sept. 14, 1775, Washington wrote two George Washington is still first in war, The concerns raised by Washington letters to Col. Benedict Arnold, who led an first in peace and first in the hearts of his in 1775 are exactly the concerns that American force into Canada. Five of Wash- countrymen. It’s too bad he couldn’t have should have been raised in 2002 before ington’s points for invasion merit particular been the first person we asked about how to the Iraq invasion. It might have been attention. proceed in Iraq. prevented Abu Ghraib. It might have First, if the citizens don’t want us there, f prevented the wholesale dismissal and don’t go. Washington told Arnold, ‘‘You are dismantling of the Iraq army that led by every means in your power to endeavor to RECESS discover the real sentiments of the Cana- to the rise of insurgents. It might have dians towards our cause, and particularly as The SPEAKER pro tempore. Pursu- prevented an Iraq quagmire that has to this expedition; ever bearing in mind that ant to clause 12(a) of rule I, the Chair needlessly claimed American lives, if they are averse to it, and will not co-oper- declares the House in recess until 2 wastefully drained our Treasury, care- ate, or at least willingly acquiesce, it must p.m. today. lessly tainted American leadership in fail of success. In this case you are by no Accordingly (at 12 o’clock and 40 the world and absolutely harmed our means to prosecute the attempt.’’ minutes p.m.), the House stood in re- economy here at home. That is the Iraq The expense of starting the mission and cess until 2 p.m. the disappointment of not completing it, war record. f History is replete with lessons, but Washington wrote, ‘‘are not to be put in competition with the dangerous con- b 1400 unless we learn the lessons of history, sequences which may ensue from irritating we are doomed to repeat them. That is them against us.’’ AFTER RECESS what is going on in Iraq today. The lat- Second, the safety of American personnel est estimate places the cost of the war depended on how they treated people. Wash- The recess having expired, the House at $3 trillion, and that doesn’t account ington wanted Arnold to ‘‘conciliate the af- was called to order by the Speaker pro for the cost of treating the thousands fections’’ of the Canadian settlers and Indi- tempore (Ms. MATSUI) at 2 p.m. of U.S. soldiers coming back. ans and ordered Arnold to teach the soldiers f Iraq is like quicksand, and America and officers under his command ‘‘that not sinks deeper and deeper every single only the Good of their Country and their PRAYER day. Our military is in shambles, the Honour, but their Safety depends upon the The Chaplain, the Reverend Daniel P. Treatment of these People.’’ housing market looks more and more Third, proper treatment of prisoners was Coughlin, offered the following prayer: like a house of cards, the U.S. dollar is necessary. The prominent British parliamen- Lord, You are Eternal Light which in free fall against other currencies, tarian William Pitt, who championed Amer- enlightens every human conscience and and the U.S. economy is in recession. ican grievances, had a son serving in Canada. penetrates every aspect of life with

VerDate Aug 31 2005 01:30 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.004 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1191 Your mercy. Enable us, as Your free The new evidence indicates, ‘‘after With best wishes, I am children, to move and act with respon- taking into account worldwide land use Sincerely, sibility, facing the consequences of all changes, corn-based ethanol will in- LORRAINE C. MILLER, our decided words and actions today. crease greenhouse gasses by (a stag- Clerk of the House. Give us faith, Lord, which is strong gering) 93 percent compared to gasoline f enough to sense Your presence in our over a 30-year period.’’ 2008 NATIONAL DRUG CONTROL midst and bold enough to seek Your It is only logical that if farmland STRATEGY—MESSAGE FROM THE holy inspiration in our ordered routine. once used to grow corn that we eat is PRESIDENT OF THE UNITED Then, in partnership with one an- used to grow corn that we burn as fuel, STATES (H. DOC. NO. 110–98) other, empower us to broaden the field more land will be needed for both agri- The SPEAKER pro tempore laid be- of justice and establish a Nation of mu- cultural production and ethanol pro- fore the House the following message tual understanding and trust. So let us duction. from the President of the United give You glory today and every day of So here comes the big wipe out of States; which was read and, together our lives. Amen. massive amounts of land, all to sub- with the accompanying papers, without f sidize an unproven, unpredictable in- objection, referred to the Committees dustry that is potentially hazardous to THE JOURNAL on Armed Services, Education and our health. Labor, Energy and Commerce, Foreign The SPEAKER pro tempore. The And that’s just the way it is. Affairs, Homeland Security, the Judici- Chair has examined the Journal of the f ary, Natural Resources, Oversight and last day’s proceedings and announces Government Reform, Small Business, to the House her approval thereof. FISA Transportation and Infrastructure, Pursuant to clause 1, rule I, the Jour- (Mr. PITTS asked and was given per- Veterans’ Affairs, and Ways and Means nal stands approved. mission to address the House for 1 and ordered to be printed: Mr. BISHOP of Utah. Madam Speak- minute and to revise and extend his re- To the Congress of the United States: er, pursuant to clause 1, rule I, I de- marks.) I am pleased to transmit the 2008 Na- mand a vote on agreeing to the Speak- Mr. PITTS. Mr. Speaker, the 21-day tional Drug Control Strategy, con- er’s approval of the Journal. FISA extension that our friends on the sistent with the provisions of section The SPEAKER pro tempore. The other side of the aisle fought hard to 201 of the Office of National Drug Con- question is on the Speaker’s approval pass 2 weeks ago would have expired trol Policy Reauthorization Act of 2006. of the Journal. this week. This extension was the Dem- My Administration published its first The question was taken; and the ocrat alternative to a permanent bill National Drug Control Strategy in Speaker pro tempore announced that to provide our intelligence community 2002, inspired by a great moral impera- the ayes appeared to have it. with the tools they need to fight the tive: we must reduce illegal drug use Mr. BISHOP of Utah. Madam Speak- war on terror, and yet we still have not because, over time, drugs rob men, er, I object to the vote on the ground voted on the bipartisan Senate bill, or women, and children of their dignity that a quorum is not present and make any alternative bill for that matter. and of their character. Thanks to bi- the point of order that a quorum is not We’ve done nothing. partisan support in the Congress; the present. I believe this exposes the House lead- work of Federal, State, local, and trib- The SPEAKER pro tempore. Pursu- ership’s plan for what it is, an abdica- al officials; and the efforts of ordinary ant to clause 8, rule XX, further pro- tion of their duty to provide our intel- citizens, 6 years later fewer Americans ceedings on this question will be post- ligence community with the tools know the sorrow of addiction. poned. We have learned much about the na- needed to protect the United States. The point of no quorum is considered ture of drug use and drug markets, and It has been 17 days since the Protect withdrawn. have demonstrated what can be America Act expired. In the words of achieved with a balanced strategy that f the Democratic chairman of the Senate puts resources where they are needed Intelligence Committee, our intel- PLEDGE OF ALLEGIANCE most. Prevention programs are reach- ligence gathering capabilities have al- The SPEAKER pro tempore. Will the ing Americans in their communities, ready been ‘‘degraded.’’ gentleman from Pennsylvania (Mr. schools, workplaces, and through the Contrary to what some say, there is PITTS) come forward and lead the media, contributing to a 24 percent de- House in the Pledge of Allegiance. urgency in this matter. We are losing cline in youth drug use since 2001. Mr. PITTS led the Pledge of Alle- out on obtaining new and evolving in- Today, approximately 860,000 fewer giance as follows: telligence to enable our fight against young people are using drugs than in terror. There are enough votes in the I pledge allegiance to the Flag of the 2001. We have expanded access to treat- United States of America, and to the Repub- House to pass the bipartisan Senate ment in public health settings, the lic for which it stands, one nation under God, bill. It’s time for the Speaker to bring criminal justice system, and in sectors indivisible, with liberty and justice for all. the legislation up for a vote. of society where resources are limited. f f The Access to Recovery program alone ETHANOL WILL SAVE US ALL? has extended treatment services to an COMMUNICATION FROM THE additional 190,000 Americans, exceeding (Mr. POE asked and was given per- CLERK OF THE HOUSE its 3-year goal by over 50 percent. We mission to address the House for 1 The SPEAKER pro tempore laid be- have seized unprecedented amounts of minute.) fore the House the following commu- illegal drugs and have denied drug traf- Mr. POE. Madam Speaker, they told nication from the Clerk of the House of fickers and terrorists the profits they us that ethanol from corn would save Representatives: need to conduct their deadly work. us all—save us from global warming HOUSE OF REPRESENTATIVES, During the first three quarters of 2007 and dependence on foreign oil, but it Washington, DC, March 3, 2008. we saw significant disruptions in the just isn’t so. Hon. NANCY PELOSI, cocaine and methamphetamine mar- The rush to till up more farmland The Speaker, House of Representatives, kets, with prices rising by 44 percent may turn out to be a crop disaster. Washington, DC. and 73 percent, and purities falling by Science Magazine reports that ‘‘using DEAR MADAM SPEAKER: Pursuant to the 15 percent and 31 percent, respectively. good crop land to expand biofuels will permission granted in Clause 2(h) of Rule II These results do not mean that our increase global warming.’’ The reason of the Rules of the U.S. House of Representa- work is done. Rather, they provide a is, now farmers will need to plow under tives, I have the honor to transmit a sealed charter for future efforts. By pursuing envelope received from the White House on more forests and massive grasslands to March 3, 2008, at 2:32 p.m. and said to contain a balanced strategy that addresses the grow enough of that ‘‘savior’’ corn. But a message from the President whereby he epidemiology of drug use and the eco- doing so will release carbon stored in submits the 2008 National Drug Control nomics of drug availability, we can fur- plants and soils. Strategy. ther reduce drug use in America.

VerDate Aug 31 2005 02:38 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.006 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1192 CONGRESSIONAL RECORD — HOUSE March 4, 2008 I thank the Congress for its support (6) prohibit the sale of partial ownership ensure that park resources are pro- and ask that it continue this noble shares or timeshares in the Resort; tected, and allow the resort to under- work on behalf of the American people. (7) be designed to facilitate transfer of all take needed maintenance and improve- property covered by the lease to Federal admin- GEORGE W. BUSH. ment programs that will benefit visi- istration upon expiration of the lease; and THE WHITE HOUSE, March 3, 2008. (8) include any other provisions determined by tors to Virgin Islands National Park f the Secretary to be necessary to protect the Park and the Caneel Bay Resort well into and the public interest. the future. ANNOUNCEMENT BY THE SPEAKER (d) APPRAISALS.—The Secretary shall require Congresswoman CHRISTENSEN de- PRO TEMPORE appraisals to determine the fair market value of serves our thanks for her work in en- The SPEAKER pro tempore (Mr. all property covered by the RUE and any prop- suring that visitor services at Virgin erty, including the value, if any, of the surren- BLUMENAUER). Pursuant to clause 8 of Islands National Park are available rule XX, the Chair will postpone fur- dered term of the RUE, owned by CBI to be do- and that resources are protected. nated, or otherwise conveyed, to the National ther proceedings today on motions to Park Service. Such appraisals shall be con- I fully support passage of the pending suspend the rules on which a recorded ducted pursuant to the Uniform Appraisal bill and urge its adoption by the House vote or the yeas and nays are ordered, Standards for Federal Land Acquisition. today. or on which the vote is objected to (e) COMPENSATION.— Mr. Speaker, I reserve the balance of under clause 6 of rule XX. (1) IN GENERAL.—The lease authorized by this my time. Record votes on postponed questions Act shall— Mr. BISHOP of Utah. Mr. Speaker, I will be taken after 6:30 p.m. today. (A) require payment to the United States of rise to speak on H.R. 1143 and yield my- the property’s fair market value rent, taking self such time as I may consume. f into account the value of any associated prop- This has been adequately explained erty transferred by CBI as well as the value, if AUTHORIZING SECRETARY OF IN- any, of the surrendered term of the RUE; by Chairman RAHALL. We support this TERIOR TO LEASE LANDS IN (B) include a provision— legislation. VIRGIN ISLANDS NATIONAL (i) allowing recalculation of the amount of the Mr. Speaker, I have no additional PARK payment required under this subsection, at the speakers, and I yield back the balance Mr. RAHALL. Mr. Speaker, I move to request of the Secretary or CBI, in the event of of my time. extraordinary unanticipated changes in condi- Mr. REYES. Mr. Speaker, I yield suspend the rules and pass the bill tions anticipated at the time the lease was final- (H.R. 1143) to authorize the Secretary such time as she may consume to the ized; and gentlelady from the Virgin Islands, Dr. of the Interior to lease certain lands in (ii) providing for binding arbitration in the Virgin Islands National Park, and for event the Secretary and CBI are unable to agree CHRISTENSEN. other purposes, as amended. upon an adjustment to the payment in these cir- Mrs. CHRISTENSEN. I thank the The Clerk read the title of the bill. cumstances. chairman for yielding. The text of the bill is as follows: (2) DISTRIBUTION.—Eighty percent of the pay- Mr. Speaker, I rise in, of course, ment to the United States required by this sub- strong support of H.R. 1143, legislation H.R. 1143 section shall be available to the Secretary, with- I introduced to authorize the Secretary Be it enacted by the Senate and House of Rep- out further appropriation, for expenditure with- of the Interior to enter into a new ar- resentatives of the United States of America in in the Park. The remaining twenty percent shall rangement, a lease with the owners of Congress assembled, be deposited in the Treasury. Caneel Bay Resort in my congressional SECTION 1. DEFINITIONS. (3) APPLICABILITY OF CERTAIN LAW.—Section district. In this Act, the following definitions apply: 321 of the Act of June 30, 1932 (40 U.S.C. 1302), A (1) SECRETARY.—The term ‘‘Secretary’’ means relating to the leasing of buildings and property I want to also thank Chairman R - the Secretary of the Interior. of the United States, shall not apply to the lease HALL as well as Chairman GRIJALVA for (2) RUE.—The term ‘‘RUE’’ means the re- entered into by the Secretary pursuant to this not only supporting the passage of this tained use estate entered into by the Jackson Act. bill, but for traveling to my district to Hole Preserve and the United States on Sep- SEC. 3. RETAINED USE ESTATE. see for themselves the importance of tember 30, 1983. As a condition of the lease, CBI shall relin- Caneel Bay to the island and to the (3) PARK.—The term ‘‘park’’ means Virgin Is- quish to the Secretary all rights under the RUE people of St. John. lands National Park. and transfer, without compensation, ownership Mr. Speaker, Caneel Bay traces its (4) CBI.—The term ‘‘CBI’’ means CBI Acquisi- of improvements covered by the RUE to the roots to Laurence Rockefeller’s coming tions, LLC. United States. to the island of St. John in 1952. He (5) RESORT.—The term ‘‘Resort’’ means Caneel The SPEAKER pro tempore. Pursu- Bay Resort on the island of St. John in Virgin purchased the then-existing resort fa- Islands National Park. ant to the rule, the gentleman from cilities and also acquired more than West Virginia (Mr. RAHALL) and the SEC. 2. LEASE AGREEMENT. 5,000 surrounding acres to protect the ISHOP (a) AUTHORIZATION.—The Secretary may enter gentleman from Utah (Mr. B ) will area. In 1956, he donated the additional into a lease agreement with CBI governing the each control 20 minutes. land to create the Virgin Islands Na- use of property for the continued management The Chair recognizes the gentleman tional Park. At the same time, he cre- and operation of the Resort. from West Virginia. ated Caneel Bay Resort, comprising 170 (b) ADDITIONAL LANDS.—Any lease entered GENERAL LEAVE acres, which continues to complement into pursuant to this Act shall include the prop- Mr. RAHALL. Mr. Speaker, I ask erty covered by the RUE and any associated and to be environmentally consistent property owned by CBI donated to the National unanimous consent that all Members with the natural beauty of the park’s Park Service. may have 5 legislative days in which to setting. (c) TERMS.—The lease agreement authorized revise and extend their remarks and in- Mr. Rockefeller subsequently decided under subsection (a) shall— clude extraneous material on the reso- to transfer the land underlying Caneel (1) require that operations and maintenance lution under consideration. Bay to the National Park Service, of the Resort are conducted in a manner con- The SPEAKER pro tempore. Is there while retaining the improvements and sistent with the preservation and conservation objection to the request of the gen- continuing the Caneel Bay operations. of the resources and values of the Park as well tleman from West Virginia? He accomplished this through the exe- as the best interests of the Resort; (2) be for the minimum number of years prac- There was no objection. cution of a series of unique agreements ticable to enable the lessee to secure financing Mr. REYES. Mr. Speaker, I wish to generally known as a retained use es- for any necessary improvements to the Resort, commend our distinguished colleague tate, or RUE. taking into account the financial obligations of from the Virgin Islands, a valuable H.R. 1143 became necessary because CBI, but in any event shall not exceed 40 years; member of our Committee on Natural the RUE is slated to expire in 2023, and (3) prohibit any transfer, assignment or sale of Resources and the chairwoman of our its current owners require more than the lease or otherwise convey or pledge any in- Insular Affairs Subcommittee, DONNA the remaining 15 years to provide the terest in the lease without prior written notifica- CHRISTENSEN, for sponsoring the pend- capital and long-term financing nec- tion to and approval by the Secretary; (4) prohibit any increase in the number of ing legislation, H.R. 1143. essary to reverse the decline of the fa- guest accommodations available at the Resort; The bill would authorize the National cilities over the years and to return it (5) prohibit any increase in the overall size of Park Service to continue its successful to the grandeur and stature that it de- the Resort; relationship with Caneel Bay Resort, serves.

VerDate Aug 31 2005 01:30 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.005 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1193 Mr. Speaker, other than the Virgin SECTION 1. SHORT TITLE. specified in this Act shall, at the discretion Islands National Park, Caneel Bay Re- This Act may be cited as the ‘‘Nevada Can- of the Secretary, revert to the United States, sort is perhaps the single most impor- cer Institute Expansion Act’’. along with any improvements thereon or tant entity to the tourism-based econ- SEC. 2. DEFINITIONS. thereto. In this Act: The SPEAKER pro tempore. Pursu- omy of St. John, and it’s also impor- (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta- tant to the economy of the Virgin Is- Hualapai Site’’ means the approximately 80 ant to the rule, the gentleman from lands in general. It is not an exaggera- acres of land that is— West Virginia (Mr. RAHALL) and the tion to say that Caneel Bay helped to (A) patented to the City under the Act of gentleman from Utah (Mr. BISHOP) establish the U.S. Virgin Islands, and June 14, 1926 (commonly known as the each will control 20 minutes. the Island of St. John in particular, as ‘‘Recreation and Public Purposes Act’’) (43 The Chair recognizes the gentleman a major tourist destination point, play- U.S.C. 869 et seq.); and from West Virginia. (B) identified on the map as the ‘‘Alta- GENERAL LEAVE ing a prominent role in the island’s Hualapai Site’’. economic renaissance of the mid-1900s. (2) CITY.—The term ‘‘City’’ means the city Mr. RAHALL. Mr. Speaker, I ask b 1415 of Las Vegas, Nevada. unanimous consent that all Members (3) INSTITUTE.—The term ‘‘Institute’’ may have 5 legislative days in which to Since its founding in October of 1956, means the Nevada Cancer Institute, a non- revise and extend their remarks and in- it has been and remains a paradise of profit organization described under section clude extraneous material on the reso- choice for generations of families, 501(c)(3) of the Internal Revenue Code of 1986, lution under consideration. many of whom return every year. the principal place of business of which is at The SPEAKER pro tempore. Is there It’s also the largest employer on St. 10441 West Twain Avenue, Las Vegas, Ne- objection to the request of the gen- John, employing approximately 475 vada. tleman from West Virginia? workers, many of whom spend their en- (4) MAP.—The term ‘‘map’’ means the map There was no objection. tire career spanning two or three dec- titled ‘‘Nevada Cancer Institute Expansion Mr. RAHALL. Mr. Speaker, H.R. 1311, ades, and some even more than that as Act’’ and dated July 17, 2006. (5) SECRETARY.—The term ‘‘Secretary’’ introduced by our colleague from Ne- employees of Caneel. means the Secretary of the Interior, acting In conclusion, Mr. Speaker, I want to vada, Representative SHELLEY BERK- through the Director of the Bureau of Land LEY, authorizes the Secretary of the In- thank the Natural Resources staff di- Management. rector, Jim Zoia, and the staff of the terior to convey 80 acres of land in Las (6) WATER DISTRICT.—The term ‘‘Water Dis- Vegas, Nevada, to the nonprofit Nevada National Parks, Forest and Public trict’’ means the Las Vegas Valley Water Lands Subcommittee, in particular District. Cancer Institute. The bill also author- former staff director Rick Healy and SEC. 3. LAND CONVEYANCE. izes a limited conveyance to the city of current staff director Dave Watkins, (a) SURVEY AND LEGAL DESCRIPTION.—The Las Vegas for the development of med- for their hard work in making it pos- city shall prepare a survey and legal descrip- ical facilities affiliated with the cancer sible for H.R. 1143 to be on the floor tion of Alta-Hualapai site. The survey shall institute. conform to the Bureau of Land Management I commend our colleague, Represent- today. I also want to thank the full cadastral survey standards and be subject to ative BERKLEY, for her leadership on committee ranking member, DON approval by the Secretary. YOUNG, and subcommittee ranking (b) ACCEPTANCE.—The Secretary may ac- this matter and her willingness to member, ROB BISHOP, and their staffs cept the relinquishment by the City of all or work with the committee to address a for their support as well. part of the Alta-Hualapai Site. number of issues raised with the legis- I urge my colleagues to support the (c) CONVEYANCE FOR USE AS NON-PROFIT lation. passage of this bill, which is very im- CANCER INSTITUTE.—After relinquishment of I support passage of H.R. 1311 and all or part of the Alta-Hualapai Site to the urge its adoption by the House. portant to the economy of the Virgin Secretary, and not later than 180 days after Islands. request of the Institute, the Secretary shall Mr. Speaker, I reserve the balance of Mr. RAHALL. Mr. Speaker, I yield convey to the Institute, subject to valid ex- my time. back the balance of my time. isting rights, the portion of the Alta- Mr. BISHOP of Utah. Mr. Speaker, I The SPEAKER pro tempore. The Hualapai Site that is necessary for the devel- rise to speak on H.R. 1311, and I yield question is on the motion offered by opment of a non-profit cancer institute. myself such time as I may consume. the gentleman from West Virginia (Mr. (d) ADDITIONAL CONVEYANCES.—Not later This has also been adequately ex- than 180 days after a request from the City, RAHALL) that the House suspend the the Secretary shall convey to the City, sub- plained by Chairman RAHALL. We sup- rules and pass the bill, H.R. 1143, as ject to valid existing rights, any remaining port this legislation. I would like to amended. portion of the Alta-Hualapai site necessary note that this legislation is an example The question was taken. for ancillary medical or non-profit use com- of how local control of public land ben- The SPEAKER pro tempore. In the patible with the mission of the Institute. efits our communities, and I hope the opinion of the Chair, two-thirds being (e) APPLICABLE LAW.—Any conveyance by majority will support us as we explore in the affirmative, the ayes have it. the City of any portion of the land received under this Act shall be for no less than fair similar ways to empower our constitu- Mr. BISHOP of Utah. Mr. Speaker, on ents. that I demand the yeas and nays. market value and the proceeds shall be dis- tributed in accordance with section 4(e)(1) of Mr. Speaker, I have no further re- The yeas and nays were ordered. Public Law 105–263 (112 Stat. 2345). quests for time, and I yield back the The SPEAKER pro tempore. Pursu- (f) TRANSACTION COSTS.—All land conveyed balance of my time. ant to clause 8 of rule XX and the by the Secretary under this Act shall be at Mr. RAHALL. Mr. Speaker, I yield Chair’s prior announcement, further no cost, except that the Secretary may re- back the balance of my time. proceedings on this motion will be quire the recipient to bear any costs associ- The SPEAKER pro tempore. The postponed. ated with transfer of title or any necessary land surveys. question is on the motion offered by f (g) REPORT.—Not later than 180 days after the gentleman from West Virginia (Mr. NEVADA CANCER INSTITUTE the date of the enactment of this Act, the RAHALL) that the House suspend the EXPANSION ACT Secretary shall submit to the Committee on rules and pass the bill, H.R. 1311, as Natural Resources of the House of Rep- amended. Mr. RAHALL. Mr. Speaker, I move to resentatives and the Committee on Energy suspend the rules and pass the bill and Natural Resources of the Senate a report The question was taken. (H.R. 1311) to direct the Secretary of on all transactions conducted under Public The SPEAKER pro tempore. In the the Interior to convey the Alta- Law 105–263 (112 Stat. 2345). opinion of the Chair, two-thirds being Hualapai Site to the city of Las Vegas, SEC. 4. RIGHTS-OF-WAY. in the affirmative, the ayes have it. Nevada, for the development of a can- Consistent with the Federal Land Policy Mr. BISHOP of Utah. Mr. Speaker, on and Management Act of 1976 (43 U.S.C. 1701), that I demand the yeas and nays. cer treatment facility, as amended. the Secretary may grant rights of way to the The Clerk read the title of the bill. The yeas and nays were ordered. Water District on a portion of the Alta- The SPEAKER pro tempore. Pursu- The text of the bill is as follows: Hualapai Site for a flood control project and H.R. 1311 a water pumping facility. ant to clause 8 of rule XX and the Be it enacted by the Senate and House of Rep- SEC. 5. REVERSION. Chair’s prior announcement, further resentatives of the United States of America in Any property conveyed pursuant to this proceedings on this motion will be Congress assembled, Act which ceases to be used for the purposes postponed.

VerDate Aug 31 2005 01:30 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.011 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1194 CONGRESSIONAL RECORD — HOUSE March 4, 2008 PORT CHICAGO NAVAL MAGAZINE rial Act of 1992, as added by section 2, the Our Committee recognizes the importance NATIONAL MEMORIAL ENHANCE- Secretary of Defense should promptly reme- of H.R. 3111 and the need for the legislation MENT ACT OF 2008 diate remaining environmental contamina- to move expeditiously. Therefore, while we tion related to the land. have a valid claim to jurisdiction over this Mr. RAHALL. Mr. Speaker, I move to (b) REPAIR.—It is the sense of Congress legislation, the Committee on Armed Serv- suspend the rules and pass the bill that, in order to preserve the Port Chicago ices will waive further consideration of H.R. (H.R. 3111) to provide for the adminis- Naval Magazine National Memorial for fu- 3111. I do so with the understanding that by tration of Port Chicago Naval Maga- ture generations, the Secretary of Defense waiving further consideration of the bill, the zine National Memorial as a unit of the and the Secretary of the Interior should Committee does not waive any future juris- dictional claims over similar measures. In National Park System, and for other work together to— (1) repair storm damage to the Port Chi- the event of a conference with the Senate on purposes, as amended. cago site; and this bill, the Committee on Armed Services The Clerk read the title of the bill. (2) develop a process by which future re- reserves the right to seek the appointment of The text of the bill is as follows: pairs and necessary modifications to the site conferees, H.R. 3111 can be achieved in as timely and cost-effec- I would appreciate the inclusion of this let- ter and a copy of the response in your Com- Be it enacted by the Senate and House of Rep- tive a manner as possible. mittee’s report on H.R. 3111 and the Congres- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- sional Record during consideration of the Congress assembled, ant to the rule, the gentleman from measure on the House floor. SECTION 1. SHORT TITLE. West Virginia (Mr. RAHALL) and the Very truly yours, This Act may be cited as the ‘‘Port Chi- gentleman from Utah (Mr. BISHOP) IKE SKELTON, cago Naval Magazine National Memorial En- each will control 20 minutes. Chairman. hancement Act of 2008’’. The Chair recognizes the gentleman SEC. 2. PORT CHICAGO NAVAL MAGAZINE NA- from West Virginia. HOUSE OF REPRESENTATIVES, TIONAL MEMORIAL. COMMITTEE ON NATURAL RESOURCES, GENERAL LEAVE Section 203 of the Port Chicago National Washington, DC, February 5, 2008. Memorial Act of 1992 (Public Law 102–562; 16 Mr. RAHALL. Mr. Speaker, I ask Hon. IKE SKELTON, U.S.C. 431; 106 Stat. 4235) is amended— unanimous consent that all Members Chairman, Committee on Armed Services, (1) by redesignating subsection (c) as sub- may have 5 legislative days in which to Washington, DC. section (f); revise and extend their remarks and in- DEAR MR. CHAIRMAN: Thank you for your (2) by inserting after subsection (b) the fol- clude extraneous material on the reso- willingness to expedite floor consideration of lowing new subsections: lution under consideration. H.R. 3111, which provides for the administra- ‘‘(c) ADMINISTRATION.—The Secretary of tion of the Port Chicago Naval Magazine Na- the Interior shall administer the Port Chi- The SPEAKER pro tempore. Is there tional Memorial as a unit of the National cago Naval Magazine National Memorial as a objection to the request of the gen- Park System. unit of the National Park System in accord- tleman from West Virginia? I appreciate your willingness to waive ance with this Act and laws generally appli- There was no objection. rights to further consideration of H.R. 3111, cable to units of the National Park System, Mr. RAHALL. Mr. Speaker, I am and am pleased that mutually agreed upon including the National Park Service Organic pleased to bring to the House for its language was developed for this legislation. Act (39 Stat. 535; 16 U.S.C. 1 et seq.) and the consideration this legislation that’s Of course, this waiver does not prejudice any Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. sponsored by the former chairman of further jurisdictional claims by your Com- mittee over this legislation or similar lan- 461 et seq.). Land transferred to the adminis- the Committee on Natural Resources trative jurisdiction of the Secretary of the guage. Furthermore, I agree to support your Interior under subsection (d) shall be admin- and current chairman of the Com- request for appointment of conferees from istered in accordance with this subsection. mittee on Education and Labor, Rep- the Committee on Armed Services if a con- ‘‘(d) TRANSFER OF LAND.—The Secretary of resentative GEORGE MILLER. ference is held on this matter. Defense shall transfer a parcel of land, con- This bill provides that the Port Chi- Although the Committee’s report on H.R. sisting of approximately 5 acres, depicted cago Naval Magazine Memorial be 3111 has already been filed, this exchange of within the proposed boundary on the map ti- managed as a unit of the National Park letters will be inserted in the Congressional tled ‘Port Chicago Naval Magazine National Record as part of the consideration of the System. Currently, the area is man- bill on the House floor. Thank you for the Memorial, Proposed Boundary’, numbered aged as an affiliated site by the Na- 018/80,001, and dated August 2005, to the ad- cooperative spirit in which you have worked ministrative jurisdiction of the Secretary of tional Park Service. regarding this matter and others between the Interior if the Secretary of Defense de- On July 17, 1944, 320 men, 202 of whom our respective committees. termines that— were African American sailors, were With warm regards, I am ‘‘(1) the land is excess to military needs; killed in an explosion at the Port Chi- Sincerely, and cago Navy ammunition loading base in NICK J. RAHALL II, ‘‘(2) all environmental remediation actions the San Francisco Bay area. This was Chairman. necessary to respond to environmental con- the largest homeland disaster during Mr. Speaker, I reserve the balance of tamination related to the land have been World War II. my time. completed in accordance with the Com- In 1992, Congress designated the Port Mr. BISHOP of Utah. Mr. Speaker, I prehensive Environmental Response, Com- rise to speak on H.R. 3111, and I yield pensation, and Liability Act of 1980 (42 Chicago Naval Magazine Memorial. The pending measure furthers that myself 15 seconds. U.S.C. 9601 et seq.) and other applicable laws. The chairman has adequately ex- commitment by providing that the ‘‘(e) AGREEMENT WITH CITY OF CONCORD AND plained the bill. It’s a good bill. EAST BAY REGIONAL PARK DISTRICT.—The Port Chicago Naval Magazine Memo- Mr. GEORGE MILLER of California. Mr. Secretary of the Interior is authorized to rial be managed as a unit of the Na- Speaker, I rise in support of the Port Chicago enter into an agreement with the City of tional Park System. Naval Magazine National Memorial Enhance- Concord, California, and the East Bay Re- Mr. Speaker, I urge support for H.R. ment Act, a bill that ensures that the stories of gional Park District, to establish and oper- 3111, and I submit the following ex- ate a facility for visitor orientation and Port Chicago will be preserved and that the change of letters for the RECORD. parking, administrative offices, and curato- site will be properly maintained for generations rial storage for the Memorial.’’; and HOUSE OF REPRESENTATIVES, to come. This bill will increase the National COMMITTEE ON ARMED SERVICES, (3) in subsection (f), (as redesignated by Memorial’s accessibility, provide additional vis- paragraph (1)), by striking ‘‘Secretary of the Washington, DC, January 31, 2008. Navy to provide public access to the Memo- Hon. NICK J. RAHALL II, itor services, and help ensure long-term pres- rial.’’ and inserting ‘‘Secretary of Defense to Chairman, Committee on Natural Resources, ervation of the site. provide as much public access as possible to Washington, DC. The legislation before us today is the result the Memorial without interfering with mili- DEAR MR. CHAIRMAN: On October 10, 2007, of months of diligent and collaborative effort, tary needs.’’. the Committee on Natural Resources ordered for which I want to thank: Chairman NICK RA- SEC. 3. SENSE OF CONGRESS ON REMEDIATION H.R. 3111, the ‘‘Port Chicago Naval Magazine HALL of the Natural Resources Committee, and National Memorial Enhancement Act of AND REPAIR OF PORT CHICAGO ranking member DON YOUNG; Chairman RAU´ L NAVAL MAGAZINE NATIONAL MEMO- 2007,’’ to be reported. As you know, this GRIJALVA of the National Parks, Forests, and RIAL. measure contains certain provisions that are (a) REMEDIATION.—It is the sense of Con- within the jurisdiction of the Committee on Public Lands Subcommittee, and ranking gress that, in order to facilitate the land Armed Services, and thus, was sequentially member ROB BISHOP; Chairman IKE SKELTON transfer described in subsection (d) of sec- referred to the Committee on Armed Serv- of the Armed Services Committee, and rank- tion 203 of the Port Chicago National Memo- ices by the Parliamentarian for the House. ing member DUNCAN HUNTER; and the

VerDate Aug 31 2005 02:38 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\CR\FM\K04MR7.015 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1195 thoughtful and hard-working staff for the two The question was taken; and (two- in the law which established the New committees, including Meghan Conklin, Dave thirds being in the affirmative) the River Gorge National River. While Watkins, and David Sienicki, and my own leg- rules were suspended and the bill, as there is no doubt in my mind that the islative director, Ben Miller. amended, was passed. current superintendent of this park The Port Chicago memorial, which is in my A motion to reconsider was laid on unit will do the right thing and allow district, commemorates a very important story the table. hunting to continue in the final gen- in American history. f eral management plan, this is too im- The deadly munitions explosion there on the portant of an issue to remain at the HUNTING IN NEW RIVER GORGE night of July 17, 1944, killed more than 300 discretion of future managers of the NATIONAL RIVER people—the worst homefront disaster of World park unit. War II. Mr. RAHALL. Mr. Speaker, I move to Mr. Speaker, I reserve the balance of When sailors were ordered to resume work suspend the rules and pass the bill my time. a few weeks later, most of them refused to re- (H.R. 5137) to ensure that hunting re- Mr. BISHOP of Utah. Mr. Speaker, I turn to their dangerous tasks until supervision, mains a purpose of the New River rise to speak on H.R. 5137, and I yield training, and working conditions were im- Gorge National River. myself such time as I may consume. proved. The Clerk read the title of the bill. When credit is earned, credit needs to In response, the Navy charged 50 men with The text of the bill is as follows: be given where it is due, and Chairman conspiring to mutiny—all were convicted. H.R. 5137 RAHALL has a wonderful bill. I am to- The majority of the men killed while han- Be it enacted by the Senate and House of Rep- tally supportive of his efforts, and it’s dling ordinance at Port Chicago, and all of resentatives of the United States of America in an excellent bill. those convicted of mutiny, were African-Amer- Congress assembled, This ensures that hunting rights will ican. SECTION 1. HUNTING IN NEW RIVER GORGE NA- continue in this great area, the New The Port Chicago story was a turning point TIONAL RIVER. River Gorge National River. I am en- in American history. The injustice strongly in- Section 1106 of the National Parks and couraged to see that many of my col- fluenced the Navy’s move toward desegrega- Recreation Act of 1978 (16 U.S.C. 460m–20) is amended in the first sentence by striking leagues on the other side appreciate tion in 1945. ‘‘may’’ and inserting ‘‘shall’’. the importance of hunting and the ben- The Port Chicago memorial tells that story, efit it has on public lands even within and I am proud to have authored the legisla- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from the Park Service System. And I hope tion designating the memorial, as I am proud that the chairman will join with us as West Virginia (Mr. RAHALL) and the to be involved in enhancing it with this legisla- we work to ensure second amendment tion. gentleman from Utah (Mr. BISHOP) each will control 20 minutes. hunting rights on Federal lands are se- At our hearing in Mr. GRIJALVA’s sub- cured in the other 49 States as well. I committee last fall, we heard from the National The Chair recognizes the gentleman from West Virginia. am confident that we can build a con- Park Service, in support of this bill; from Dr. sensus around State and local control Robert Allen, who literally wrote the book on GENERAL LEAVE of hunting and deliver the rights that Port Chicago and is a board member of the Mr. RAHALL. Mr. Speaker, I ask this legislation ensures to the Federal Friends of Port Chicago; and Mr. Eugene unanimous consent that all Members land around this particular entity. Sayles, who was a seaman first class at Port may have 5 legislative days in which to As I said, I am totally in support of Chicago and helped to get injured men out of revise and extend their remarks and in- this bill. I think it’s an excellent bill. the barracks after the explosion. clude extraneous material on the reso- Mr. Speaker, I have no further re- As they and others have said, the Port Chi- lution under consideration. quests for time, and I yield back the cago Naval Magazine National Memorial tells The SPEAKER pro tempore. Is there balance of my time. a critical story in our civil rights and military objection to the request of the gen- Mr. RAHALL. Mr. Speaker, I yield history, and with this legislation, we are ensur- tleman from West Virginia? back the balance of my time. ing that more Americans will hear the Port There was no objection. The SPEAKER pro tempore. The Chicago story. Mr. RAHALL. Mr. Speaker, the New question is on the motion offered by The National Parks Conservation Associa- River Gorge National River in southern the gentleman from West Virginia (Mr. West Virginia was designated as a unit tion has also strongly supported this legisla- RAHALL) that the House suspend the tion, pointing to the ‘‘broad local and national of the National Park System in 1978. rules and pass the bill, H.R. 5137. support’’ for the effort, and noting that the Port At times referred to as the ‘‘Grand The question was taken; and (two- Chicago memorial deserves elevation to its Canyon of the East,’’ we in West Vir- thirds being in the affirmative) the ‘‘rightful place as a fully-fledged unit of the Na- ginia refer to the Grand Canyon as the rules were suspended and the bill was tional Park System.’’ ‘‘New River Gorge of the West.’’ passed. The new designation under this bill brings The national river is comprised of A motion to reconsider was laid on with it increased stature—and more impor- over 70,000 acres of mostly rugged ter- the table. tantly, the Park Service will be able to budget rain and is renowned as a destination for the memorial’s needs. for its world-class whitewater recre- f In addition, the bill provides for an interpre- ation, rock climbing, and other out- RECOGNIZING THE 60TH ANNIVER- tive center for the Memorial—this facility will door activities. But it is also a place SARY OF EVERGLADES NA- allow school groups, families, and other visi- where generations of West Virginians TIONAL PARK have hunted and fished. tors to learn about Port Chicago even if they Mr. RAHALL. Mr. Speaker, I move to Unfortunately, the National Park can’t access the site, which is located within suspend the rules and agree to the reso- Service, as part of the development of the Concord Naval Weapons Station. lution (H. Res. 845) recognizing the 60th a new general management plan for the Again, I want to thank Chairman GRIJALVA, anniversary of Everglades National park unit, has included a no-hunting Chairman RAHALL, Chairman SKELTON, and Park, as amended. alternative. It is doing so because leg- their staff for helping us bring this important The Clerk read the title of the resolu- islation which establishes the New legislation to the floor today. tion. Mr. BISHOP of Utah. Mr. Speaker, I River Gorge National River states that The text of the resolution is as fol- have no further requests for time, and hunting ‘‘may’’ be permitted. lows: I yield back the balance of my time. The enabling statute for the nearby Mr. RAHALL. Mr. Speaker, I yield Gauley River National Recreation H. RES. 845 back the balance of my time. Area, on the other hand, states that Whereas Everglades National Park cele- The SPEAKER pro tempore. The hunting ‘‘shall’’ be allowed. In fact, brated its 60th anniversary on December 6, question is on the motion offered by this is the case for the vast majority of 2007; Whereas when President Harry S. Truman the gentleman from West Virginia (Mr. the 62 units of the National Park Sys- dedicated Everglades National Park on De- RAHALL) that the House suspend the tem in which hunting is permitted. cember 6, 1947, he stated: ‘‘Here is land, tran- rules and pass the bill, H.R. 3111, as The bill we are considering today quil in its quiet beauty, serving not as the amended. simply changes the ‘‘may’’ to a ‘‘shall’’ source of water, but as the last receiver of it.

VerDate Aug 31 2005 01:33 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.010 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1196 CONGRESSIONAL RECORD — HOUSE March 4, 2008 To its natural abundance we owe the spec- miles wide and 100 miles long. While in the United States and is home to numerous tacular plant and animal life that distin- half of this wonderful landscape has rare and endangered species. Growing up in guishes this place from all others in our been lost to agriculture, much of the southwest Florida and so close to the Ever- country’’; Whereas Marjory Stoneman Douglas gave remaining portions of this famed glades, I was able to experience all the Ever- the Everglades the name ‘‘River of Grass’’ ‘‘River of Grass’’ are now protected by glades has to offer. stating, ‘‘There are no other Everglades in the Everglades National Park. This resolution recognizes the continuing the world’’; I commend and congratulate our col- impact the Everglades has made on individ- Whereas Everglades National Park has league, Representative ALCEE uals throughout the world with the inception of been designated an International Biosphere HASTINGS, for keeping the issues facing the Comprehensive Everglades Restoration Reserve, a World Heritage Site, and a Wet- the Everglades in the spotlight. I fully Plan, CERP. The Comprehensive Everglades land of International Importance, in recogni- support passage of H. Res. 845 and urge tion of its significance to all the people of Restoration Plan is one of the most extensive the world; its adoption by the House today. ecosystem restoration efforts ever created Whereas the Everglades ecosystem encom- Mr. Speaker, I reserve the balance of which will restore and protect one of our Na- passes 3,000,000 acres of wetlands and is the my time. tion’s greatest natural resources. CERP’s main largest subtropical wilderness in the United Mr. BISHOP of Utah. Mr. Speaker, I goal is to capture fresh water that now flows States featuring slow-moving freshwater rise to speak on House Resolution 845, to the ocean and the Gulf of Mexico and redi- that flows south from Lake Okeechobee and I yield myself such time as I may rect it to the areas that need it most. The ma- through sawgrass and tree islands to the consume. jority of water will be devoted to environmental mangroves and seagrasses of Florida Bay; This bill, once again, has been ade- Whereas Everglades National Park is home restoration, and the rest will enhance water to rare and endangered species, such as the quately explained by Chairman RA- supplies in south Florida. Make no mistake: American crocodile, the Florida panther, and HALL, and I urge the adoption of this the Everglades and Florida’s unique environ- the West Indian manatee, and more than 350 resolution. ment are vital to our quality of life. species of birds, including the Great Egret, Mr. OBERSTAR. Mr. Speaker, I rise in sup- Mr. Speaker, protecting the Everglades is Wood Stork, Swallow-tailed Kite, and Rose- port of H. Res. 845, as amended, recognizing important for the overall health of south Flor- ate Spoonbill; the 60th anniversary of the Everglades Na- Whereas the Central and South Florida re- ida’s environment and way of life. It is our re- tional Park. sponsibility to ensure that a healthy and vi- gion is an international center for business, Former Florida Governor Reubin Askew agriculture, and tourism, with a rapidly brant Everglades is there for our children and growing population of varied ethnic, eco- once stated, ‘‘We must build a peace in south grandchildren. I urge all of my colleagues to nomic, and social values, all of which are de- Florida—a peace between the people and recognize and support this important bipar- pendent on a sustainable framework for the their place, between the natural environment tisan resolution. water resources of the region to restore the and man-made settlement, between the creek Ms. WASSERMAN-SCHULTZ. Mr. Speaker, Everglades ecosystem, provide adequate and the canal, between the works of man and freshwater supplies, and promote a healthy I rise today in support of House Resolution the life of mankind itself.’’ 845 recognizing the 60th anniversary of Ever- and sustainable economy and overall quality Indeed, the natural areas surrounding and glades National Park. of life; encompassing Everglades National Park rep- Whereas Everglades National Park is an Not coincidentally, it was also 60 years ago resent the largest subtropical wilderness in the essential component of a larger ecosystem that Marjory Stoneman Douglas famously said United States featuring slow-moving fresh- restoration effort, the Comprehensive Ever- in her book, the ‘‘River of Grass,’’ that ‘‘there water. The Everglades are naturally unique glades Restoration Plan, which has been de- are no other Everglades in the world.’’ As we scribed as the world’s largest ecosystem res- and provide tremendous benefits to south celebrate the 60th anniversary of the creation toration project; and Florida in many capacities, but the park is also of the park, we must come to terms with the Whereas this restoration effort must suc- one of the most endangered national parks in critical threats facing this unique ecosystem ceed in order to restore the natural Ever- our country. glades ecosystem and ensure that the treas- The Park totals more than 1 million acres, and re-dedicate ourselves to Everglades res- ures of Everglades National Park can be and the Everglade ecosystem itself encom- toration. Let us not lose this truly unique na- passed on to our children and grandchildren: passes 3 million acres of wetlands. More than tional treasure forever. Now, therefore, be it In 2000, we created the Comprehensive Ev- Resolved, That the House of Representa- 1 million visitors come to the Everglades each tives— year, learning of the Everglades environmental erglades Restoration Plan, embarking on a (1) recognizes the 60th anniversary of Ever- importance while igniting the State’s tourism historic Federal-State partnership with Florida glades National Park; and industry. to restore historic water flows, dramatically re- (2) dedicates itself to the success of the The Committee on Transportation and Infra- duce water pollution and address development Comprehensive Everglades Restoration Plan. structure has a long history of oversight of the encroachment that threatens both the National The SPEAKER pro tempore. Pursu- Everglades restoration. The Water Resources Park and the larger Everglades. ant to the rule, the gentleman from Development Act of 2007, P.L. 110–114, au- However, most of the more than 50 compo- West Virginia (Mr. RAHALL) and the thorized the first three projects in the Com- nent projects that are part of the Restoration gentleman from Utah (Mr. BISHOP) prehensive Everglades Restoration Project— Plan are already behind schedule. For 7 years each will control 20 minutes. Picayune Strand, Indian River Lagoon, and Congress has largely failed to follow through The Chair recognizes the gentleman the Site 1 Impoundment Project. Support for on its part of the bargain in both authorizing from West Virginia. provisions like these was so strong that this projects and funding those projects. This is not GENERAL LEAVE Congress overrode the President’s veto of the an auspicious start. Mr. RAHALL. Mr. Speaker, I ask bill by a vote of 381–40, an overwhelming ma- I am happy to say, this is beginning to unanimous consent that all Members jority of the House of Representatives. change. With passage of the Water Resources may have 5 legislative days in which to We must continue to take action to preserve Development Act in 2007, we authorized sev- revise and extend their remarks and in- and protect this treasured wetland. This reso- eral important components of the restoration clude extraneous material on the reso- lution reminds us of this precious natural re- plan. But our work is far from done. I call on lution under consideration. my colleagues to work with me and the entire The SPEAKER pro tempore. Is there source, and I urge my colleagues to join me Florida delegation to make sure we properly objection to the request of the gen- in agreeing to the resolution. fund this restoration work. Together we must tleman from West Virginia? Mr. MACK. Mr. Speaker, I rise today to cel- There was no objection. ebrate one of the Nation’s greatest treasures ensure that 60 years from now we will be re- Mr. RAHALL. Mr. Speaker, the pend- and to express my continued support for this membered as those that breathed new life into ing resolution, introduced by our col- important resolution introduced by my col- Marjory Stoneman Douglas’s vision and saved league from Florida, Representative league from Florida which recognizes the 60th the Everglades for generations to come. ALCEE HASTINGS, recognizes the 60th anniversary of Everglades National Park. It is Mr. Speaker, I urge my colleagues to sup- anniversary of the Everglades National our responsibility to ensure that a healthy and port House Resolution 845 and vote for its Park. It is the first of two resolutions vibrant Everglades is there for future genera- final passage. the House is considering this afternoon tions. Mr. HASTINGS of Florida. Mr. Speaker, I in tribute to the Everglades. In addition to being an international center rise today in strong support of House Resolu- The landscape of the Everglades is for business, tourism, and agriculture, the Ev- tion 845, a resolution recognizing the 60th an- completely unique, a grassy river 40 erglades is the largest subtropical wilderness niversary of Everglades National Park. I

VerDate Aug 31 2005 01:33 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\A04MR7.011 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1197 proudly introduced this resolution with my col- the top of the Everglades. During the wet sea- Whereas Marjory Stoneman Douglas served league and fellow co-chair of the Everglades son, Okeechobee slowly pours water over its in the Red Cross in Europe during World War I; Caucus, Representative MARIO DIAZ-BALART. southern edge, and it flows out in a slow flood Whereas Marjory Stoneman Douglas I applaud Representative DIAZ-BALART for that slides south and spreads out over hun- moved to Miami in 1915 and became a re- his commitment to working together to pre- dreds of square miles. The water flows south, porter and writer at The Miami Herald where serve and restore the Everglades. but very slowly, sometimes as little as a hun- she wrote about progressive issues such as I thank the chairman of the Committee on dred feet in a day. And it is remarkably shal- the fight for women’s rights, racial justice, Natural Resources, Representative NICK RA- low, as little as a foot in depth, which allows and environmental conservation; HALL, a true champion of protecting our Na- the incredible diversity of plant and animal life, Whereas Marjory Stoneman Douglas wrote tion’s natural resources, especially our majes- unrivaled in the Nation. dozens of short stories that were published in tic national parks, for his support for protecting In 1947, when Marjory Stoneman Douglas the Saturday Evening Post, Collier’s, and Florida’s environment. published ‘‘Everglades: River of Grass’’ and Woman’s Home Companion throughout the I also would like to thank the ranking mem- 1920s, 30s, and 40s; Harry Truman dedicated the Everglades as Whereas in 1947 Marjory Stoneman Doug- ber of the Committee, Representative DON part of the parks system, it was with the inten- las wrote a ground-breaking book titled The YOUNG, for his support as well. tion of preserving the Everglades for future Everglades: River of Grass that helped to The bipartisan support this resolution enjoys generations. Douglas continued to fight for the draw national attention to a vast and little- is reminiscent of the past and present bipar- Everglades for the rest of her life, and she led known area that South Florida developers tisan support Everglades restoration efforts an ever growing chorus of voices, advocating had deemed a worthless swamp; enjoy. for our environment. The Everglades became Whereas in the same year, Marjory Today we honor the 60th anniversary of Ev- a touchstone for an entire movement of Florid- Stoneman Douglas’ book mustered the pub- lic support to guard this subtropical marsh- erglades National Park. The park, which spans ians and other Americans who continue to 3 million acres of wetlands, is habitat to many land through a declaration from President fight to save our natural places, not only for Harry Truman, officially protecting the Ev- endangered species and is an international future generations, but also for their own sake. center for business, agriculture, and tourism. erglades as a National Park; Unfortunately, the Everglades still faces Whereas at the age of 78, Marjory Our work to restore the Everglades is the threats of the attrition of development, and the Stoneman Douglas founded the Friends of largest restoration effort of its kind in history. redirection of its waters. In the Water Re- the Everglades, an educational and advocacy As a fifth generation Floridian and great sources Development Plan of 2000, Congress group dedicated to the protection and res- grandson of a Creek Indian, my passion for included a comprehensive restoration plan to toration of this ecosystem that continues to these majestic wetlands extends back to my be at forefront of Florida conservation; bring the Everglades back to its natural state. birth. Whereas in November 1993, President Bill I have seen species that have since be- The Everglades remain one of the Nation’s Clinton awarded Marjory Stoneman Douglas come endangered, and a living ecosystem that greatest natural treasures, and I am proud to the Presidential Medal of Freedom, the high- has since been degraded by management and stand in recognition today of their 60th anni- est honor given to a civilian; development activities. versary as part of the park system. Whereas 2007 marked the 60th anniversary Regrettably, since the passage of landmark Mr. BISHOP of Utah. I have no fur- of the publication of her book, The Ever- ther requests for time, and I yield back glades: River of Grass; and legislation in 2000, restoration efforts in Con- Whereas Marjory Stoneman Douglas gress have been mired. Now the Everglades the balance of my time. Mr. RAHALL. Mr. Speaker, I yield passed away in 1998 living to the age of 108, is paying a hefty price for Federal delays. Ex- back the balance of my time. her ashes scattered in the Everglades she pected project completion timeframes have worked so tirelessly to preserve: Now, there- The SPEAKER pro tempore. The been shifted, and the restoration price tags in- fore, be it question is on the motion offered by creased. Resolved, That the House of Representa- With new perspectives and new priorities, the gentleman from West Virginia (Mr. tives honors the life, achievements, and dis- Congress is again reaffirming our commitment RAHALL) that the House suspend the tinguished career of Marjory Stoneman rules and agree to the resolution, H. Douglas, pioneer in the field of conservation, to the Everglades. on the occasion of the 60th anniversary of Just last November, Congress overrode a Res. 845, as amended. The question was taken; and (two- the publication of The Everglades: River of President Bush veto and passed the Water Grass. thirds being in the affirmative) the Resources Development Act of 2007, author- The SPEAKER pro tempore. Pursu- izing $1.8 billion in Everglades restoration rules were suspended and the resolu- tion, as amended, was agreed to. ant to the rule, the gentleman from funding. West Virginia (Mr. RAHALL) and the As we pause to celebrate the anniversary of A motion to reconsider was laid on the table. gentleman from Utah (Mr. BISHOP) the Everglades National Park today, we en- each will control 20 minutes. hance our vigilant efforts to restore the park to f The Chair recognizes the gentleman the pristine ecosystem it once was. HONORING THE LIFE OF MARJORY from West Virginia. I thank the leadership of the House for their STONEMAN DOUGLAS, CHAMPION GENERAL LEAVE work on this bill, and urge my colleagues to OF THE FLORIDA EVERGLADES Mr. RAHALL. Mr. Speaker, I ask support this resolution. AND FOUNDER OF FLORIDA’S unanimous consent that all Members Ms. CASTOR. Mr. Speaker, ‘‘Here are no ENVIRONMENTAL MOVEMENT may have 5 legislative days in which to lofty peaks seeking the sky, no mighty glaciers revise and extend their remarks and in- or rushing streams wearing away the uplifted Mr. RAHALL. Mr. Speaker, I move to suspend the rules and agree to the reso- clude extraneous material on the reso- land. Here is land, tranquil in its quiet beauty, lution under consideration. serving not as the source of water, but as the lution (H. Res. 807) honoring the life of Marjory Stoneman Douglas, champion The SPEAKER pro tempore. Is there receiver of it. To its natural abundance we objection to the request of the gen- owe the spectacular plant and animal life that of the Florida Everglades and founder of Florida’s environmental movement, tleman from West Virginia? distinguishes this place from all others in our There was no objection. country.’’ as amended. These were the words of Harry Truman, 60 The Clerk read the title of the resolu- b 1430 years ago at the dedication of the Everglades tion. Mr. RAHALL. Following on the heels National Park. And it is in the same spirit that The text of the resolution is as fol- of the resolution just considered by the I support H. Res. 845, recognizing the 60th lows: House, this resolution honors the life, anniversary of Everglades National Park. The H. RES. 807 accomplishments, and distinguished Everglades are a completely unique treasure Whereas Marjory Stoneman Douglas was career of Marjory Stoneman Douglas, for Floridians, and all Americans. So it is fitting born on April 7, 1890, in Minneapolis, Min- the ‘‘Grande Dame of the Everglades,’’ that they should also be unique in the national nesota, the daughter of Frank Stoneman, the on the 60th anniversary of the publica- park system. The Everglades were the first first publisher of the Miami Herald; tion of her book, The Everglades: River Whereas Marjory Stoneman Douglas grad- of Grass. House Resolution 807 was in- unit of the park system to be designated not uated from Wellesley College in 1912 where for their scenic beauty alone, but for the ex- she was a member of the literary group troduced by our colleague from Flor- traordinary diversity of their wildlife. Scribblers, editor-in-chief of the yearbook, ida, Representative ILEANA ROS- One of the largest bodies of fresh water in and served on the executive board of the LEHTINEN, and is cosponsored by every the United States, Lake Okeechobee, sits at Equal Suffrage League; member of the Florida delegation.

VerDate Aug 31 2005 02:38 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.017 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1198 CONGRESSIONAL RECORD — HOUSE March 4, 2008 Marjory Stoneman Douglas was an acy effort by continuing to champion Ever- ORCHARD DETENTION BASIN author, journalist, and environmental glades restoration efforts in Congress. FLOOD CONTROL ACT conservationist, best known for her ad- I urge my colleagues to adopt this excellent Mr. RAHALL. Mr. Speaker, I move to vocacy for the preservation of the Flor- resolution. suspend the rules and pass the bill ida Everglades. Her best known work, Ms. CASTOR. Mr. Speaker, I strongly sup- (H.R. 816) to provide for the release of The Everglades: River of Grass, is con- port H. Res. 807, honoring the life of Marjory certain land from the Sunrise Moun- sidered a classic example of environ- Stoneman Douglas, champion of the Florida tain Instant Study Area in the State of mental writing and is credited with Everglades, and founder of Florida’s environ- Nevada and to grant a right-of-way bolstering public support for preserving mental movement. Marjory Stoneman Doug- across the released land for the con- the Everglades as a National Park. las’s life was dedicated to the idea that my struction and maintenance of a flood I support passage of H. Res. 807 and State of Florida, and indeed the United States control project, as amended. urge its adoption by the House. has a great treasure in the Everglades, unlike The Clerk read the title of the bill. Mr. Speaker, I reserve the balance of any other in the world. When others were The text of the bill is as follows: my time. looking at the land of the Everglades with the H.R. 816 Mr. BISHOP of Utah. I also rise in hope of draining away the water, and building Be it enacted by the Senate and House of Rep- support of House Resolution 807 and on the land, Marjory Stoneman Douglas al- resentatives of the United States of America in yield myself such time as I may con- lowed all of us to see Florida the way she saw Congress assembled, sume. it, in its utterly unique natural majesty. When SECTION 1. SHORT TITLE. This resolution has been well ex- she spoke, it was with the voice of the Ever- This Act may be cited as the ‘‘Orchard Deten- plained by the chairman, and I would glades, and the natural places of Florida. tion Basin Flood Control Act’’. also like to commend the Congress- SEC. 2. RELEASE OF CERTAIN LAND IN THE SUN- woman from Florida (Ms. ROS- Marjory Stoneman Douglas was a tireless RISE MOUNTAIN INSTANT STUDY LEHTINEN) for her work on this resolu- advocate since her youth, writing as a voice AREA. tion. What is most extraordinary about for the voiceless and downtrodden, and fight- (a) FINDING.—Congress finds that the land de- ing for equality of people of all races, genders, scribed in subsection (c) has been adequately Marjory Stoneman Douglas is that she studied for wilderness designation under section did not take a central role the Ever- and for the conservation of the natural places. But it was not until she was almost 60 years 603 of the Federal Land Policy and Manage- glades fight until she was 78, an age ment Act of 1976 (43 U.S.C. 1782). when most people begin to settle into old, that she wrote ‘‘Everglades: River of (b) RELEASE.—The land described in sub- their retirement, and she would con- Grass.’’ That book, in the simplicity, beauty section (c)— tinue her fight for another 30 years, and depth of its prose, opened the eyes of (1) is no longer subject to section 603(c) of the until the age of 108. America to the significance of the Everglades, Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and I urge the adoption of this resolution. and the great danger of allowing that treasure to be squandered. Marjory Stoneman Douglas (2) shall be managed in accordance with— Mr. HASTINGS of Florida. Mr. Speaker, I (A) land management plans adopted under rise today in strong support of House Resolu- wrote ‘‘Everglades: River of Grass in 1947.’’ section 202 of that Act (43 U.S.C. 1712); and tion 807, a resolution honoring the life of Mar- By December of that year, the Everglades had (B) cooperative conservation agreements in ex- jory Stoneman Douglas, champion of the Flor- been dedicated as a part of the National Parks istence on the date of the enactment of this Act. ida Everglades and founder of Florida’s envi- System. (c) DESCRIPTION OF LAND.—The land referred ronmental movement. I am proud to have in- Marjory Stoneman Douglas devoted her life to in subsections (a) and (b) is the approxi- to preserving the Everglades she had first mately 65 acres of land in the Sunrise Mountain troduced this resolution with my colleague and Instant Study Area of Clark County, Nevada, good friend, Representative ILEANA ROS- helped to bring into American consciousness. that is— LEHTINEN. I share Representative ROS- She fought to prevent shortsighted develop- (1) known as the ‘‘Orchard Detention Basin’’; LEHTINEN’s desire to recognize and commemo- ment that would have permanently damaged and rate the significance of Marjory Stoneman the Everglades, and to restore the park to its (2) designated for release on the map titled Douglas’s lifelong work to promote awareness former majesty. In her autobiography, she ‘‘Orchard Detention Basin’’ and dated March of the need to protect and conserve Florida wrote that ‘‘Since 1972, I’ve been going 18, 2005. and the entire Nation’s natural resources. around making speeches on the Everglades. The SPEAKER pro tempore. Pursu- As co-chair of the Everglades Caucus, I par- No matter how poor my eyes are I can still ant to the rule, the gentleman from ticularly share Ms. Douglas’s passionate com- talk. I’ll talk about the Everglades at the drop West Virginia (Mr. RAHALL) and the mitment to restoring the River of Grass to the of a hat. Whoever wants me to talk, I’ll come gentleman from Utah (Mr. BISHOP) pristine ecosystem it once was. over and tell them about the necessity of pre- each will control 20 minutes. Ms. Douglas deserves much credit for rais- serving the Everglades.’’ The Chair recognizes the gentleman ing awareness of the importance of these ma- She began ‘‘Everglades: River of Grass’’ by from West Virginia. jestic wetlands and making restoration efforts writing, ‘‘there are no other Everglades in the GENERAL LEAVE a national priority. In 1947 she wrote the infa- world. They are, they have always been, one Mr. RAHALL. Mr. Speaker, I ask mous book, ‘‘The Everglades: River of Grass,’’ of the unique regions of the earth.’’ In the unanimous consent that all Members which helped draw national attention to the same way, there was only one Marjory may have 5 legislative days in which to Everglades. This book is responsible for initi- Stoneman Douglas. She was a unique indi- revise and extend their remarks and in- ating public support for President Harry Tru- vidual, in the conservation movement, and we clude extraneous material on the reso- man’s 1947 declaration officially protecting the in Florida, and in the United States, owe her lution under consideration. Everglades as a national park. Today, this a great debt. We are proud to honor her life The SPEAKER pro tempore. Is there book serves a the ‘‘bible’’ for all Everglades and her work today. objection to the request of the gen- supporters and environmental activists around Mr. BISHOP of Utah. Mr. Speaker, I tleman from West Virginia? the world. yield back the balance of my time. There was no objection. Mr. RAHALL. The pending measure Ms. Douglas is also responsible for founding Mr. RAHALL. I yield back the bal- was introduced by our colleague from the Friends of the Everglades, an educational ance of my time. and advocacy group dedicated to the protec- Nevada, Representative JON PORTER. It tion and restoration of the Everglades. The SPEAKER pro tempore. The authorizes the release of a 65-acre sec- Through the group’s ecosystem conservation question is on the motion offered by tion of the Sunrise Mountain Instant efforts, Ms. Douglas’s legacy lives on. the gentleman from West Virginia (Mr. Study Area from wilderness study, to This resolution enjoys bipartisan support RAHALL) that the House suspend the be used for construction and mainte- from every Member of the Florida delegation. rules and agree to the resolution, H. nance of a floodwater retention basin, The support this resolution enjoys indicates Res. 807, as amended. known as the Orchard Detention Basin the respect our delegation has for Ms. Doug- The question was taken; and (two- Project. las’s lifelong work and the impact of her con- thirds being in the affirmative) the The proposed Orchard Detention tributions on the entire State of Florida. rules were suspended and the resolu- Basin Project is a part of the Clark I am proud to join Representative ROS- tion, as amended, was agreed to. County Regional Flood Control Dis- LEHTINEN in introducing this bipartisan resolu- A motion to reconsider was laid on trict’s master plan to protect the rap- tion and pledge to carry on Ms. Douglas’s leg- the table. idly growing Las Vegas Valley. The

VerDate Aug 31 2005 01:33 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.024 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1199 project is designed to shield 1,800 acres ferred to as the ‘‘City’’), conveys to the Sec- ditions as the Secretary and the City may of urban land from flooding. I have no retary of Agriculture all right, title, and in- agree upon, and any conveyance under sub- objection to passage of H.R. 816. terest of the City in and to three parcels of section (f) shall be subject to such additional Mr. Speaker, I reserve the balance of land consisting of a total of approximately terms and conditions as the Secretary may 1,680 acres identified on the map entitled require. my time. ‘‘Bountiful City Land Consolidation Act’’, Mr. BISHOP of Utah. Mr. Speaker, The SPEAKER pro tempore. Pursu- the Secretary may convey to the City in ex- ant to the rule, the gentleman from again I rise in support of H.R. 816 and change all right, title, and interest of the yield myself such time as I may con- United States in and to such quantity of Na- West Virginia (Mr. RAHALL) and the sume. tional Forest System land located in the gentleman from Utah (Mr. BISHOP) Let me first make a simple point of Wasatch-Cache National Forest in Township each will control 20 minutes. clarification. There is no such place as 2, North, Range 1 East, Salt Lake Meridian, The Chair recognizes the gentleman Nevada. There is, though, a Nevada in and identified for possible conveyance on the from West Virginia. the western United States, and that is map such that the value of the land acquired GENERAL LEAVE by the Secretary is equal to the value of the Mr. RAHALL. Mr. Speaker, I ask the issue of which we are speaking Federal land conveyed. The value of the Fed- here. unanimous consent that all Members eral and City lands to be exchanged shall be may have 5 legislative days in which to H.R. 816 seeks to protect the citizens determined by an appraisal carried out in ac- of Clark County, Nevada, from floods cordance with section 206 of the Federal revise and extend their remarks and in- by releasing 65 acres from Sunrise Land Policy and Management Act of 1976 (43 clude extraneous material on the reso- Mountain Wilderness Study Area. This U.S.C. 1716). lution under consideration. is a critical need for one of the fastest (b) AVAILABILITY OF MAP.—The map re- The SPEAKER pro tempore. Is there growing areas of the United States. ferred to in subsection (a) shall be on file and objection to the gentleman from West available for public inspection in the Office Title to the land will remain with the Virginia? of the Chief of the Forest Service. There was no objection. Bureau of Land Management. I would (c) LAND EXCHANGE PROCESS.—Section 206 Mr. RAHALL. The pending legisla- strongly encourage BLM to act expedi- of the Federal Land Policy and Management tion is sponsored by a valuable member Act of 1976 (43 U.S.C. 1716) shall apply to the tiously in granting Clark County a of the Natural Resources Committee, right-of-way to this acreage so the land exchange authorized by subsection (a). (d) MANAGEMENT OF ACQUIRED LAND.—The who is the ranking member on the Sub- flood control operations can start soon. committee on National Parks, Forests, I would also like to commend Con- lands acquired by the Secretary under sub- section (a) shall be added to and adminis- and Public Lands, and who was instru- gressman PORTER and his staff for their tered as part of the Wasatch-Cache National mental in teaching me how to pro- work on this legislation. I urge passage Forest and managed in accordance with the nounce the State of Nevada’s name, the of this bill. Act of March 1, 1911 (commonly known as Mr. Speaker, I yield back the balance gentleman from Utah, Mr. ROB BISHOP. the Weeks Act; 16 U.S.C. 480 et seq.) and the It is my privilege to call this bill up of my time. laws and regulations applicable to the Na- Mr. RAHALL. I yield back the bal- tional Forest System. for consideration by the House today. ance of my time. (e) BONNEVILLE SHORELINE TRAIL AND The measure would facilitate a land ex- The SPEAKER pro tempore. The OTHER RIGHTS-OF-WAY.—In making the land change between the Secretary of Agri- question is on the motion offered by exchange authorized by subsection (a), the culture and the City of Bountiful, the gentleman from West Virginia (Mr. Secretary shall ensure that an easement not Utah. I will leave it to the gentleman less than 60 feet in width is reserved for the RAHALL) that the House suspend the from Utah to further explain his bill. Bonneville Shoreline Trail. The Secretary Suffice it to say that I do urge its rules and pass the bill, H.R. 816, as and the City may reserve such other rights- amended. of-way for utilities, roads, and trails as they adoption by the House. The question was taken. may agree upon and which they consider to Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. In the be in the public interest. my time. opinion of the Chair, two-thirds being (f) TREATMENT OF REMAINING FEDERAL Mr. BISHOP of Utah. Mr. Speaker, I in the affirmative, the ayes have it. LAND.— rise in support of H.R. 3473 and again Mr. RAHALL. Mr. Speaker, on that I (1) DISPOSAL AUTHORITY.—In the case of yield myself such time as I may con- demand the yeas and nays. any National Forest System land identified sume. The yeas and nays were ordered. for possible conveyance on the map referred This, along with Chairman RAHALL’s The SPEAKER pro tempore. Pursu- to in subsection (a) and not exchanged under bill, are the two brilliant bills of this such subsection, the Secretary may dispose particular package. I can’t say more. ant to clause 8 of rule XX and the of all or a portion of the remaining land Chair’s prior announcement, further upon a determination by the Secretary, pur- On behalf of my constituents who re- proceedings on this motion will be suant to an amendment of the land and re- side in Bountiful, Utah, I express my postponed. source management plan for Wasatch-Cache appreciation for the consideration of f National Forest and a public process con- this bill today. It has been a long time sistent with the National Environmental in coming. My office has been involved BOUNTIFUL CITY LAND Policy Act of 1969 (42 U.S.C. 4321 et seq.), in negotiations with the city, as well CONSOLIDATION ACT that the land or portion thereof is in excess as the United States Forest Service, Mr. RAHALL. Mr. Speaker, I move to to the needs of the National Forest System. for the last 3 years. suspend the rules and pass the bill (2) CONSIDERATION.—As consideration for For nearly 20 years, the City has any conveyance of land under this sub- (H.R. 3473) to provide for a land ex- section, the Secretary shall require an commenced and called off multiple at- change with the City of Bountiful, amount equal to not less than the fair mar- tempts to exchange this land adminis- Utah, involving National Forest Sys- ket value of the conveyed land. tratively, primarily due to change in tem land in the Wasatch-Cache Na- (3) RELATION TO OTHER LAWS.—Any convey- personnel within the local office in tional Forest and to further land own- ance of land under this subsection by ex- Utah. That is why we are doing this ership consolidation in that national change shall be subject to section 206 of the legislatively now. forest, and for other purposes, as Federal Land Policy and Management Act of We finally have before us, I think, a amended. 1976 (43 U.S.C. 1716). direct land exchange which does sev- The Clerk read the title of the bill. (4) DISPOSITION OF PROCEEDS.—Funds re- eral things. It increases the equal value ceived by the Secretary as consideration The text of the bill is as follows: under paragraph (2) shall be deposited into exchange between Bountiful and the H.R. 3473 the fund established by Public Law 90–171 United States Forest Service. Bounti- Be it enacted by the Senate and House of Rep- (commonly known as the Sisk Act; 16 U.S.C. ful City will give 1,600-plus acres to the resentatives of the United States of America in 484a). Funds so deposited shall remain under Forest Service. The Forest Service will Congress assembled, the control of the Secretary and be available exchange part of a 220-acre parcel that SECTION 1. SHORT TITLE. to the Secretary, without further appropria- is in the city limits, balance their con- This Act may be cited as the ‘‘Bountiful tion and until expended, for the acquisition tiguous area, and also has the ability City Land Consolidation Act’’. of land or interests in land to be included in of protecting a gun range, which is ex- SEC. 2. LAND EXCHANGE, WASATCH-CACHE NA- the Wasatch-Cache National Forest. TIONAL FOREST, UTAH. (g) ADDITIONAL TERMS AND CONDITIONS.— tremely important in that particular (a) LAND EXCHANGE AUTHORIZED.—If the The land exchange under subsection (a) shall area, a shoreline trail, and the Davis City of Bountiful, Utah (in this section re- be subject to such additional terms and con- Aqueduct within Davis County.

VerDate Aug 31 2005 01:33 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.026 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1200 CONGRESSIONAL RECORD — HOUSE March 4, 2008 This bill allows for a process to move tery, and its cenotaphs, designed by second The Chair recognizes the gentleman forward to allow the Forest Service to Architect of the Capitol Benjamin Latrobe, from West Virginia. mark 165 sites to honor Members of Congress deal with any lands not consumed by GENERAL LEAVE this exchange. My goal in drafting this who died in office; Whereas Congressional Cemetery holds Mr. RAHALL. Mr. Speaker, I ask bill is not to create a long-term man- more than 55,000 individuals in 30,000 burial unanimous consent that all Members agement issue, either for Bountiful or sites marked by 14,000 headstones; may have 5 legislative days in which to the Forest Service. I believe this bill Whereas among those who have been bur- revise and extend their remarks and in- accomplishes both the letter and the ied at Congressional Cemetery are Vice clude extraneous material on the reso- spirit of that particular goal. Presidents George Clinton and Elbridge lution under consideration. I also wish to express my apprecia- Gerry; Tobias Lear, personal secretary to The SPEAKER pro tempore. Is there tion for the many staff hours which George Washington; Commodore Thomas objection to the gentleman from West Tingey, first commandant of the Washington have gone into this particular bill. I Virginia? also express appreciation to city offi- Navy Yard; William Wirt and William Pinck- ney, Attorneys General of the United States; There was no objection. cials in Bountiful for their patience, Generals Jacob J. Brown and Alexander Mr. RAHALL. The pending resolu- their willingness to work in good faith Macomb of the U.S. Army; General Archi- tion, introduced by our colleague from with our office, as well as the United bald Henderson, longest-serving Com- New York, Representative JAMES States Forest Service, and especially mandant of the Marine Corps; Dr. William WALSH, and cosponsored by Represent- the majority staff on our committee. Thornton, who originally designed the ative FARR of California, recognizes It is a good bill, and it does move the United States Capitol and was the first Ar- and honors the cultural and historical process of dealing with these particular chitect of the Capitol; George Watterston, importance of Congressional Cemetery land exchanges forward. It makes it third Librarian of Congress; Robert Mills, ar- chitect of the Washington Monument, the here in Washington, DC, on the occa- easier to manage for both the Forest Department of Treasury Building, the Old sion of its 200th anniversary. Service as well as the City of Bounti- Post Office, and the original U.S. Patent Of- Established on the banks of the Ana- ful. I urge passage of this bill. fice Building (current home of the National costia River, Congressional Cemetery Mr. Speaker, I yield back the balance Museum of American Art and National Por- started as a neighborhood burial of my time. trait Gallery); Philip P. Barbour, Speaker of ground. But with the death and inter- Mr. RAHALL. I yield back the bal- the House of Representatives and Associate ment of Connecticut Senator Uriah ance of my time. Justice of the Supreme Court; and 10 mayors Tracy in 1807, it became the favored The SPEAKER pro tempore. The of the City of Washington; place for burial for Members of Con- Whereas several prominent Native Ameri- question is on the motion offered by gress who passed away while Congress the gentleman from West Virginia (Mr. cans who died while in Washington were bur- ied at Congressional Cemetery, including was in session. Seventy-one representa- RAHALL) that the House suspend the Push-Ma-Ta-Ha, Chief of the Choctaws and a tives and 19 Senators are buried at rules and pass the bill, H.R. 3473, as Brigadier General of the U.S. Army, and Kan Congressional Cemetery. Other promi- amended. Ya Tu Duta (or Scarlet Crow), a delegate of nent citizens were buried there as well, The question was taken; and (two- the Dakota Sioux; including members of the Armed thirds being in the affirmative) the Whereas among other significant figures in Forces, Mayors of Washington, DC, rules were suspended and the bill, as American history who are interred at Con- well-known Native Americans, archi- amended, was passed. gressional Cemetery are Belva Lockwood, the first woman to practice law before the tects, and artists. A motion to reconsider was laid on I fully support passage of H. Res. 698 the table. Supreme Court; conductor and composer John Philip Sousa; Adelaide Johnson, suf- and urge its adoption. f fragette and sculptor of the ‘‘Portrait Monu- Mr. Speaker, I reserve the balance of COMMEMORATING THE 200TH ANNI- ment’’ to Lucretia Mott, Elizabeth Cady my time. VERSARY OF CONGRESSIONAL Stanton, and Susan B. Anthony in the Ro- Mr. BISHOP of Utah. Mr. Speaker, I tunda of the Capitol; Civil War photographer CEMETERY rise to speak on House Resolution 698 Matthew Brady; silent film star Mary Fuller; and will again yield myself such time Mr. RAHALL. Mr. Speaker, I move to and FBI Director J. Edgar Hoover; as I may consume. Whereas the Congressional Cemetery was suspend the rules and agree to the reso- This bill has been very well explained lution (H. Res. 698) commemorating the placed on the National Register of Historic by the chairman. Congressman WALSH, 200th anniversary of Congressional Places on June 23, 1969; Whereas the National Trust for Historic as well as the cosponsor, the gentleman Cemetery. from California, should be commended The Clerk read the title of the resolu- Preservation named Congressional Cemetery one of the 11 most endangered historical for their work on this particular bill. I tion. sites in America on June 16, 1997; The text of the resolution is as fol- urge its adoption. Whereas for over 30 years the cemetery has At this time, I would like to yield lows: been managed by the nonprofit Association such time as he may consume to the H. RES. 698 for the Preservation of Historic Congres- author of the bill, the gentleman from Whereas 2007 is the 200th anniversary of sional Cemetery, whose mission is to pre- serve, interpret, and honor this national New York (Mr. WALSH). the founding of Congressional Cemetery; Mr. WALSH of New York. Mr. Speak- Whereas Congressional Cemetery, first treasure, significant District of Columbia called the Washington Parish Burial Ground, landmark, and unique Capitol Hill asset; and er, I would like to thank my distin- was founded in 1807 near the banks of the Whereas by working with community vol- guished friend from Utah (Mr. BISHOP) Anacostia River in the District of Columbia unteers such as the Congressional Cemetery for yielding me time, and to the chair- and served the new federal city and a young Dogwalkers Club, as well as with the Depart- man of the committee, Mr. RAHALL, for America as its first unofficial national ceme- ment of Veterans Affairs, the National Park the courtesy of bringing this bill up on tery, predating Arlington National Cemetery Service, the Navy, and the Joint Military suspension, and also my colleague and by 70 years; District of Washington, the Association for the Preservation of Historic Congressional good friend from California, SAM FARR, Whereas Congress was the primary devel- for cosponsoring this bill. oper of the cemetery through appropriations Cemetery has made significant improve- for road grading, fencing, building of the ments to the cemetery: Now, therefore, be it I rise today in support of House Reso- Public Vault and its Slate Path, and con- Resolved, That on the 200th anniversary of lution 698, a resolution commemo- struction of the original Gatehouse, and Con- the founding of Congressional Cemetery, the rating the 200th anniversary of the gress ultimately attached its name to the House of Representatives recognizes and Congressional Cemetery. Nineteen Sen- burial ground as early as the 1830’s, referring honors the cultural and historical impor- ators and 71 Representatives are in- to it as Congressional Cemetery; tance of Congressional Cemetery and the terred at the cemetery, located at the Whereas within months of the establish- value of protecting and restoring this na- corner of 18th Street and E in south- ment of the cemetery, the first burial of a tional treasure. west Washington, as well as monu- Member of Congress took place when Sen- The SPEAKER pro tempore. Pursu- ator Uriah Tracey (CT) died in Washington ments to 120 Members of Congress who on July 19, 1807, and was interred the fol- ant to the rule, the gentleman from died while in office. lowing day; West Virginia (Mr. RAHALL) and the Congressional Cemetery, older than Whereas there are 19 Senators and 71 Rep- gentleman from Utah (Mr. BISHOP) the more well-known Arlington Na- resentatives interred at Congressional Ceme- each will control 20 minutes. tional Cemetery, served as our Nation’s

VerDate Aug 31 2005 02:38 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.028 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1201 first unofficial national burial ground. The Congressional Cemetery became that (D) the Loxahatchee River Historical Society. In 1997, my good friend, Jim Oliver, place. (4) MANAGEMENT PLAN.—The term ‘‘manage- who worked for many, many years in The cemetery passed out of congressional ment plan’’ means the management plan devel- the Republican cloakroom and pro- oped under section 4(a). control and unfortunately later fell into neglect (5) MAP.—The term ‘‘map’’ means the map en- vided great service to this institution, and disarray. More recently a local effort by titled ‘‘Jupiter Inlet Lighthouse: Outstanding brought the cemetery’s poor condition neighbors and community renewed interest in Natural Area’’ and dated October 29, 2007. to my attention, and at the same time, the history of the cemetery and that, I believe, (6) OUTSTANDING NATURAL AREA.—The term the National Trust for Historic Preser- is evidence of a reinvigorated dedication to ‘‘Outstanding Natural Area’’ means the Jupiter vation named this cemetery one of what ultimately unites us all: our humanity, our Inlet Lighthouse Outstanding Natural Area es- America’s most endangered places. mortality. tablished by section 3(a). After personally visiting the ceme- (7) PUBLIC LAND.—The term ‘‘public land’’ And what a wonderful thing that it can be has the meaning given the term ‘‘public lands’’ tery back then, I understood why. manifested in such a magnificent surrounding! in section 103(e) of the Federal Land Policy and Headstones were turned over, grass was This cemetery has many famous residents, Management Act of 1976 (43 U.S.C. 1702(e)). 2 feet tall, trees had fallen onto build- not the least of whom is John Phillip Sousa. (8) SECRETARY.—The term ‘‘Secretary’’ means ings, and headstones had damaged the I can think of no other artist who knew that to the Secretary of the Interior. integrity of this sacred place. As chair- feel most alive, you need music. I am tickled (9) STATE.—The term ‘‘State’’ means the State man of the Legislative Branch Appro- to know that every year on Sousa’s birthday of Florida. priations Subcommittee, I was in a po- there is a musical celebration at his gravesite SEC. 3. ESTABLISHMENT OF THE JUPITER INLET LIGHTHOUSE OUTSTANDING NAT- sition at the time to do something to honoring him and the very American music he URAL AREA. save this piece of history from becom- gave to our country. (a) ESTABLISHMENT.—Subject to valid existing ing history. Mr. Speaker, I am proud to be a cosponsor rights, there is established for the purposes de- In fiscal year 1999 appropriations, the of H. Res. 698 and commend it to my col- scribed in subsection (b) the Jupiter Inlet Light- Congress appropriated $1 million for leagues with gusto. I hope each of you will house Outstanding Natural Area, the bound- the creation of a special Congressional take a walk down to the cemetery, visit our aries of which are depicted on the map. Cemetery trust fund to restore and sus- forbears and revel in the history of this site (b) PURPOSES.—The purposes of the Out- tain this treasured landmark. Money standing Natural Area are to protect, conserve, with quiet reflection. Take your time, too: and enhance the unique and nationally impor- was raised to match these funds in the there’s 200 years of history to catch up on. tant historic, natural, cultural, scientific, edu- private sector, and that fund now pays Mr. BISHOP of Utah. I yield back the cational, scenic, and recreational values of the for the constant maintenance in per- balance of my time. Federal land surrounding the Lighthouse for petuity for this cemetery. Mr. RAHALL. I yield back the bal- the benefit of present generations and future Some of America’s great historic fig- ance of my time. generations of people in the United States, ures are buried in Congressional Ceme- The SPEAKER pro tempore. The while— tery, including Vice President and Dec- question is on the motion offered by (1) allowing certain recreational and research laration of Independence signer El- activities to continue in the Outstanding Nat- the gentleman from West Virginia (Mr. ural Area; and bridge Gerry, whose name is carried RAHALL) that the House suspend the (2) ensuring that Coast Guard operations and into my home district of Elbridge, New rules and agree to the resolution, H. activities are unimpeded within the boundaries York; civil war photographer Matthew Res. 698. of the Outstanding Natural Area. Brady; composer John Philip Sousa; The question was taken; and (two- (c) AVAILABILITY OF MAP.—The map shall be and perhaps the most famous, FBI Di- thirds being in the affirmative) the on file and available for public inspection in— rector J. Edgar Hoover is also buried rules were suspended and the resolu- (1) the Office of the Director of the Bureau of there. Land Management; and tion was agreed to. (2) the Eastern States Office of the Bureau of This legislation recognizes the work A motion to reconsider was laid on Land Management in the State of Virginia. of the Association for the Preservation the table. (d) WITHDRAWAL.— of Historic Congressional Cemetery, f (1) IN GENERAL.—Subject to valid existing charged with management and preser- rights, section 6, and any existing withdrawals vation of this historic site, and pledges JUPITER INLET LIGHTHOUSE OUT- under the Executive orders and public land that this body will never again forget STANDING NATURAL AREA ACT order described in paragraph (2), the Federal the cemetery’s important role in the OF 2008 land and any interests in the Federal land in- development of our Nation’s govern- cluded in the Outstanding Natural Area are Mr. RAHALL. Mr. Speaker, I move to withdrawn from— ment and cultural foundations. I urge suspend the rules and pass the bill (A) all forms of entry, appropriation, or dis- its adoption, and I thank the Chair and (H.R. 1922) to designate the Jupiter posal under the public land laws; the ranking member for their courtesy. Inlet Lighthouse and the surrounding (B) location, entry, and patent under the pub- Mr. FARR. Mr. Speaker, I rise today to com- Federal land in the State of Florida as lic land mining laws; and mend my colleague, Mr. WALSH, for his efforts an Outstanding Natural Area and as a (C) operation of the mineral leasing and geo- in bringing attention to a marvelous memorial unit of the National Landscape Sys- thermal leasing laws and the mineral materials and historical site at the other end of the Cap- laws. tem, and for other purposes, as amend- (2) DESCRIPTION OF EXECUTIVE ORDERS.—The itol venue. I speak of the Congressional Cem- ed. Executive orders and public land order described etery and the resolution we consider today, H. The Clerk read the title of the bill. in paragraph (1) are— Res. 698, to commemorate the cemetery’s The text of the bill is as follows: (A) the Executive Order dated October 22, 200th anniversary. H.R. 1922 1854; Many people think of cemeteries as dreary (B) Executive Order No. 4254 (June 12, 1925); Be it enacted by the Senate and House of Rep- and places. But I see them differently. Cemeteries resentatives of the United States of America in are the great repositories of more than just the (C) Public Land Order No. 7202 (61 Fed. Reg. Congress assembled, 29758). long dead. They are centers of civilization. SECTION 1. SHORT TITLE. They teach us about our heroes. SEC. 4. MANAGEMENT PLAN. This Act may be cited as the ‘‘Jupiter Inlet (a) IN GENERAL.—Not later than 3 years after They teach us about our faith. Lighthouse Outstanding Natural Area Act of the date of enactment of this Act, the Secretary, They give us clues about our culture and ar- 2008’’. in consultation with the Commandant, shall de- chitecture and art. SEC. 2. DEFINITIONS. velop a comprehensive management plan in ac- They are our history all wrapped up in one In this Act: cordance with section 202 of the Federal Land place. Places like this deserve to be preserved (1) COMMANDANT.—The term ‘‘Commandant’’ Policy and Management Act of 1976 (43 U.S.C. and appreciated. means the Commandant of the Coast Guard. 1712) to— The Congressional Cemetery was first es- (2) LIGHTHOUSE.—The term ‘‘Lighthouse’’ (1) provide long-term management guidance tablished to accommodate the repose of our means the Jupiter Inlet Lighthouse located in for the public land in the Outstanding Natural Palm Beach County, Florida. predecessors who met their end while in Area; and (3) LOCAL PARTNERS.—The term ‘‘Local Part- (2) ensure that the Outstanding Natural Area Washington. Back in those days refrigeration ners’’ includes— fulfills the purposes for which the Outstanding was not available and the deceased had to be (A) Palm Beach County, Florida; Natural Area is established. dealt with quickly. Many members, so far from (B) the Town of Jupiter, Florida; (b) CONSULTATION; PUBLIC PARTICIPATION.— home, needed a resting place of some dignity. (C) the Village of Tequesta, Florida; and The management plan shall be developed—

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\K04MR7.030 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1202 CONGRESSIONAL RECORD — HOUSE March 4, 2008 (1) in consultation with appropriate Federal, (3) other applicable laws. enhancement, or replacement of, the military State, county, and local government agencies, (c) COOPERATIVE AGREEMENTS.—To facilitate family housing area on lot 18; the Commandant, the Local Partners, the implementation of the management plan and to (3) the continued and future use of, access to, Loxahatchee River Historical Society, and other continue the successful partnerships with local maintenance of, and, as may be necessitated for partners; and communities and other partners, the Secretary Coast Guard missions, the expansion, enhance- (2) in a manner that ensures full public par- shall, in accordance with section 307(b) of the ment, or replacement of, the pier on lot 18; ticipation. Federal Land Management Policy and Manage- (4) the existing lease of the Jupiter Inlet (c) EXISTING PLANS.—The management plan ment Act of 1976 (43 U.S.C. 1737(b)), enter into Lighthouse on lot 18 from the Coast Guard to shall, to the maximum extent practicable, be cooperative agreements with the appropriate the Loxahatchee River Historical Society; or consistent with existing resource plans, policies, Federal, State, county, other local government (5) any easements or other less-than-fee inter- and programs. agencies, and other partners (including the ests in property appurtenant to existing Coast (d) INCLUSIONS.—The management plan shall Loxahatchee River Historical Society) for the Guard facilities on lots 16 and 18. include— long-term management of the Outstanding Nat- The SPEAKER pro tempore. Pursu- (1) objectives and provisions to ensure— ural Area. ant to the rule, the gentleman from (A) the protection and conservation of the re- (d) RESEARCH ACTIVITIES.—To continue suc- source values of the Outstanding Natural Area; cessful research partnerships, pursue future re- West Virginia (Mr. RAHALL) and the and search partnerships, and assist in the develop- gentleman from Utah (Mr. BISHOP) (B) the restoration of native plant commu- ment and implementation of the management each will control 20 minutes. nities and estuaries in the Outstanding Natural plan, the Secretary may, in accordance with The Chair recognizes the gentleman Area, with an emphasis on the conservation and section 307(a) of the Federal Land Policy and from West Virginia. enhancement of healthy, functioning ecological Management Act of 1976 (43 U.S.C. 1737(a)), au- systems in perpetuity; thorize the conduct of appropriate research ac- b 1445 (2) objectives and provisions to maintain or tivities in the Outstanding Natural Area for the GENERAL LEAVE recreate historic structures; purposes described in section 3(b). Mr. RAHALL. Mr. Speaker, I ask (3) an implementation plan for a program of (e) ACQUISITION OF LAND.— interpretation and public education about the (1) IN GENERAL.—Subject to paragraph (2), the unanimous consent that all Members natural and cultural resources of the Light- Secretary may acquire for inclusion in the Out- may have 5 legislative days in which to house, the public land surrounding the Light- standing Natural Area any State or private land revise and extend their remarks and in- house, and associated structures; or any interest in State or private land that is— clude extraneous material on the reso- (4) a proposal for administrative and public (A) adjacent to the Outstanding Natural lution under consideration. facilities to be developed or improved that— Area; and The SPEAKER pro tempore. Is there (A) are compatible with achieving the resource (B) identified in the management plan as ap- objection to the request of the gen- objectives for the Outstanding Natural Area de- propriate for acquisition. scribed in section 5(a)(1)(B); and (2) MEANS OF ACQUISITION.—Land or an inter- tleman from West Virginia? (B) would accommodate visitors to the Out- est in land may be acquired under paragraph (1) There was no objection. standing Natural Area; only by— Mr. RAHALL. Introduced by our col- (5) natural and cultural resource management (A) donation; league, Representative TIM MAHONEY, strategies for the Outstanding Natural Area, to (B) exchange with a willing party; or the pending measure would establish be developed in consultation with appropriate (C) purchase from a willing seller. the Jupiter Inlet Lighthouse Out- (3) ADDITIONS TO THE OUTSTANDING NATURAL departments of the State, the Local Partners, standing Natural Area, to be managed and the Commandant, with an emphasis on re- AREA.—Any land or interest in land adjacent to source conservation in the Outstanding Natural the Outstanding Natural Area acquired by the by the Bureau of Land Management in Area and the interpretive, educational, and United States after the date of enactment of this coordination with the U.S. Coast Guard long-term scientific uses of the resources; and Act under paragraph (1) shall be added to, and and a local working group. The light- (6) recreational use strategies for the Out- administered as part of, the Outstanding Nat- house is the oldest building still stand- standing Natural Area, to be prepared in con- ural Area. ing in Palm Beach County. sultation with the Local Partners, appropriate (f) LAW ENFORCEMENT ACTIVITIES.—Nothing The design for the elegant brick and departments of the State, and the Coast Guard, in this Act, the management plan, or the Jupiter wrought iron building was originally Inlet Coordinated Resource Management Plan with an emphasis on passive recreation. drawn by Lieutenant George Gordon (e) INTERIM PLAN.—Until a management plan (including any updates or amendments to the is adopted for the Outstanding Natural Area, Jupiter Inlet Coordinated Resource Management Meade, who later gained fame as the the Jupiter Inlet Coordinated Resource Manage- Plan) precludes, prohibits, or otherwise affects— victorious Union general at Gettys- ment Plan (including any updates or amend- (1) any maritime security, maritime safety, or burg. The bill would set aside 126 acres ments to the Jupiter Inlet Coordinated Resource environmental protection mission or activity of surrounding the lighthouse for protec- Management Plan) shall be in effect. the Coast Guard; tion as an Outstanding Natural Area as SEC. 5. MANAGEMENT OF THE JUPITER INLET (2) any border security operation or law en- part of the BLM’s Natural Landscape forcement activity by the Department of Home- LIGHTHOUSE OUTSTANDING NAT- Conservation System. In addition to URAL AREA. land Security or the Department of Justice; or (a) MANAGEMENT.— (3) any law enforcement activity of any Fed- protecting the historic property, the (1) IN GENERAL.—The Secretary, in consulta- eral, State, or local law enforcement agency in bill would allow BLM, the Coast Guard tion with the Local Partners and the Com- the Outstanding Natural Area. and their local partners to continue mandant, shall manage the Outstanding Nat- (g) FUTURE DISPOSITION OF COAST GUARD FA- and enhance their long-term steward- ural Area— CILITIES.—If the Commandant determines, after ship of the area, including several habi- (A) as part of the National Landscape Con- the date of enactment of this Act, that Coast tat restoration projects. Guard facilities within the Outstanding Natural servation System; and Representative MAHONEY has done (B) in a manner that conserves, protects, and Area exceed the needs of the Coast Guard, the enhances the unique and nationally important Commandant may relinquish the facilities to the excellent work on this bill to protect historical, natural, cultural, scientific, edu- Secretary without removal, subject only to any and enhance a piece of the heritage of cational, scenic, and recreational values of the environmental remediation that may be required his district. I fully support passage of Outstanding Natural Area, including an empha- by law. the legislation and urge its adoption. sis on the restoration of native ecological sys- SEC. 6. EFFECT ON ONGOING AND FUTURE COAST Mr. Speaker, I reserve the balance of tems. GUARD OPERATIONS. my time. (2) LIMITATION.—In managing the Out- Nothing in this Act, the management plan, or Mr. BISHOP of Utah. Mr. Speaker, I standing Natural Area, the Secretary shall not the Jupiter Inlet Coordinated Resource Manage- rise to speak on H.R. 1922, and yield take any action that precludes, prohibits, or ment Plan (including updates or amendments to otherwise affects the conduct of ongoing or fu- the Jupiter Inlet Coordinated Resource Manage- myself such time as I may consume. ture Coast Guard operations or activities on lots ment Plan) precludes, prohibits, or otherwise af- Mr. Speaker, the chairman has ade- 16 and 18, as depicted on the map. fects ongoing or future Coast Guard operations quately explained the bill. I have no (b) USES.—Subject to valid existing rights and or activities in the Outstanding Natural Area, additional speakers. It is a good bill. section 6, the Secretary shall only allow uses of including— Mr. MAHONEY of Florida. Mr. Speaker, I the Outstanding Natural Area that the Sec- (1) the continued and future operation of, ac- rise in strong support of H.R. 1922, the Jupiter retary, in consultation with the Commandant cess to, maintenance of, and, as may be neces- Inlet Lighthouse Outstanding Natural Area Act. and Local Partners, determines would likely sitated for Coast Guard missions, the expansion, Today is a great day for the towns and com- further— enhancement, or replacement of, the Coast (1) the purposes for which the Outstanding Guard High Frequency antenna site on lot 16; munities that live and thrive beneath the light Natural Area is established; (2) the continued and future operation of, ac- of this magnificent landmark. (2) the Federal Land Policy and Management cess to, maintenance of, and, as may be neces- I want to begin by thanking everyone in the Act of 1976 (43 U.S.C. 1701 et seq.); and sitated for Coast Guard missions, the expansion, community who worked tirelessly to make this

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A04MR7.021 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1203 day a reality. The Jupiter Inlet Lighthouse Out- Mr. RAHALL. Mr. Speaker, I yield SEC. 3. NATIONAL AVIATION HERITAGE AREA. standing Natural Area Act serves as an exam- back the balance of my time. Title V of division J of the Consolidated ple of what local governments working to- The SPEAKER pro tempore. The Appropriations Act, 2005 (16 U.S.C. 1132 note; question is on the motion offered by Public Law 108–447), is amended— gether can do. The commitment to this histor- (1) in section 503(3), by striking ‘‘104’’ and ical lighthouse from officials and volunteers the gentleman from West Virginia (Mr. inserting ‘‘504’’; from Palm Beach County, the Town of Jupiter, RAHALL) that the House suspend the (2) in section 503(4), by striking ‘‘106’’ and the Village of Tequesta, and the Loxahatchee rules and pass the bill, H.R. 1922, as inserting ‘‘506’’; River Historical Society is truly remarkable. amended. (3) in section 504, by striking subsection I would specifically like to recognize the ef- The question was taken; and (two- (b)(2) and by redesignating subsection (b)(3) forts of Palm Beach County Commissioner thirds being in the affirmative) the as subsection (b)(2); and Karen Marcus and Mayor Karen Golonka from rules were suspended and the bill, as (4) in section 505(b)(1), by striking ‘‘106’’ the town of Jupiter. Their leadership and vi- amended, was passed. and inserting ‘‘506’’. sion have been invaluable on this project. The title was amended so as to read: The SPEAKER pro tempore. Pursu- The Jupiter Inlet Lighthouse is more than a ‘‘A bill to designate the Jupiter Inlet ant to the rule, the gentleman from beacon of light that guides mariners to safety; Lighthouse and the surrounding Fed- West Virginia (Mr. RAHALL) and the it is a monument to Florida’s history and a eral land in the State of Florida as an gentleman from Utah (Mr. BISHOP) symbol of our community. Since the light- Outstanding Natural Area and as a unit each will control 20 minutes. house’s construction in 1860, it has played an of the National Landscape Conserva- The Chair recognizes the gentleman important role during military conflicts and has tion System, and for other purposes.’’. from West Virginia. facilitated commerce up and down the East A motion to reconsider was laid on GENERAL LEAVE Coast. the table. Mr. RAHALL. Mr. Speaker, I ask Designed by Lieutenant George Meade, f unanimous consent that all Members who would later become famous for his serv- may have 5 legislative days in which to WRIGHT BROTHERS-DUNBAR NA- ice during the Civil War, the light allowed for revise and extend their remarks and in- TIONAL HISTORICAL PARK DES- vessels to safely travel down Florida’s coast clude extraneous material on the reso- IGNATION ACT carrying cargo to new markets in the Carib- lution under consideration. bean. During World War II, the keeper Mr. RAHALL. Mr. Speaker, I move to The SPEAKER pro tempore. Is there dimmed the light in order to protect Allied war- suspend the rules and pass the bill objection to the request of the gen- ships traveling off the coast of Florida from (H.R. 4191) to redesignate Dayton Avia- tleman from West Virginia? German U-boat attacks. Today, the light still tion Heritage National Historic Park There was no objection. guides boaters safely home. in the State of Ohio as ‘‘Wright Broth- Mr. RAHALL. Mr. Speaker, H.R. 4191, The National Landscape Conservation Sys- ers-Dunbar National Historical Park’’, introduced by our colleague Represent- tem, and more specifically the Outstanding and for other purposes. ative MICHAEL TURNER of Ohio, would Natural Area Designation, was created in 2000 The Clerk read the title of the bill. change the Name of Dayton Aviation by the Department of the Interior in an effort The text of the bill is as follows: Heritage National Historical Park in to better meet the management needs of our H.R. 4191 Ohio to the Wright Brothers-Dunbar Nation’s public lands and historic treasures. In Be it enacted by the Senate and House of Rep- National Historical Park. The bill also addition to the better management practices resentatives of the United States of America in sets conditions under which the Sec- the system promotes, the designation helps to Congress assembled, retary of Interior may make grants to spur tourism and expand educational opportu- SECTION 1. SHORT TITLE. the park’s partners. nities in surrounding communities. This Act may be cited as the ‘‘Wright A contemporary of the Wright broth- It is important to note that the area des- Brothers-Dunbar National Historical Park ers in Dayton was poet Paul Laurence ignated by this bill as an Outstanding Natural Designation Act’’. Dunbar. The house that Dunbar pur- Area is much more than the lighthouse. H.R. SEC. 2. REDESIGNATION OF DAYTON AVIATION chased for his mother is part of Dayton 1922 also seeks to protect and better coordi- HERITAGE NATIONAL HISTORICAL PARK. Aviation Heritage National Historical nate the management of the more than 100 (a) REDESIGNATION.—The Act titled ‘‘An acres surrounding the historic structure. This Park. The Wright brothers and Paul Act to establish the Dayton Aviation Herit- Laurence Dunbar are each featured land, like the lighthouse, has historical, cul- age National Historical Park in the State of tural, and environmental value. For example, prominently at this park, and this re- Ohio, and for other purposes’’, approved Oc- designation of the park as the Wright the area was first used by Native Americans tober 16, 1992 (106 Stat. 2141), is amended— over 4,000 years ago. Likewise, in the 17th (1) by striking ‘‘Dayton Aviation Heritage Brothers-Dunbar National Historical Century, Europeans first made contact with National Historical Park’’ each place it ap- Park will provide equal weight to both this area. pears and inserting ‘‘Wright Brothers-Dun- of these important stories. This lighthouse and the surrounding area, bar National Historical Park’’; I support passage of H.R. 4191 and however, is much more than a historical mark- (2) by redesignating subsection (b) of sec- urge its adoption. er. It has become a symbol of this community, tion 108 as subsection (c); and Mr. Speaker, I reserve the balance of (3) by inserting after subsection (a) of sec- woven into the fabric of our culture, even ap- my time. tion 108 the following new subsection: Mr. BISHOP of Utah. Mr. Speaker, I pearing on the town of Jupiter’s seal. ‘‘(b) GRANT ASSISTANCE.—The Secretary is I recently received a letter from a student at authorized to make grants to the parks’ rise to speak on H.R. 4191, and yield Jupiter High School detailing why the light- partners, including the Aviation Trail, Inc., myself such time as I may consume. house is special to her. She says in the letter: the Ohio Historical Society, and Dayton His- This does change the name of the ‘‘I often reminisce about the days my parents tory, for projects not requiring Federal in- Dayton Aviation National Park to re- used to take [me] to the area when I was a volvement other than providing financial as- flect more accurately the individuals child and due to these trips my love for nature sistance, subject to the availability of appro- being commemorated at this site and priations in advance identifying the specific the role they played in the history of and its protection first started to blossom.’’ partner grantee and the specific project. Today, she is a member of the Jupiter High aviation in this country. Additionally, Projects funded through these grants shall this new name describes the park’s pur- School Environmental Research and Field be limited to construction and development Studies Academy. It is important that we pre- on non-Federal property within the bound- pose. serve this structure and continue to give chil- aries of the park. Any project funded by such I thank my colleague from Ohio (Mr. dren the opportunity to explore their history a grant shall support the purposes of the TURNER) for bringing this bill to us. It and learn about the environment. park, shall be consistent with the park’s gen- is an excellent bill, and I urge its adop- In closing, I would like to thank Chairman eral management plan, and shall enhance tion. public use and enjoyment of the park.’’. RAHALL and Subcommittee Chairman GRIJALVA Mr. Speaker, I yield such time as he (b) REFERENCES.—Any reference in any law may consume to the gentleman from for their support throughout this process. (other than this Act), map, regulation, docu- Ohio (Mr. TURNER), the sponsor of the Mr. Speaker, I urge my colleagues to sup- ment, record, or other official paper of the port H.R. 1922, the Jupiter Inlet Lighthouse United States to the ‘‘Dayton Aviation Her- bill. Outstanding Natural Area Act. itage National Historical Park’’ shall be con- Mr. TURNER. Mr. Speaker, I want to Mr. BISHOP of Utah. Mr. Speaker, I sidered to be a reference to the ‘‘Wright thank National Parks, Forests, and yield back the balance of my time. Brothers-Dunbar National Historical Park’’. Public Lands Subcommittee Chairman

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.024 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1204 CONGRESSIONAL RECORD — HOUSE March 4, 2008 GRIJALVA and Ranking Member BISHOP, Both entities contain different parts DISPENSING WITH CALENDAR as well as Natural Resources full com- of the national park. The Wright Flyer WEDNESDAY BUSINESS ON TO- mittee Chairman RAHALL and Ranking III, the world’s first practical airplane, MORROW Member YOUNG, for their support in is located at Carillon Park, and the Mr. SCOTT of Georgia. Mr. Speaker, bringing this bill to the floor today. Huffman Prairie Flying Field, where I ask unanimous consent that the busi- H.R. 4191, the Wright Brothers-Dun- the Wright brothers perfected flight, is ness in order under the Calendar bar National Historical Park Designa- located on the grounds of Wright-Pat- Wednesday rule be dispensed with to- tion Act, is identical to H.R. 4612 from terson Air Force Base. This bill author- morrow. the 109th Congress which passed the izes grant funding to these partner or- The SPEAKER pro tempore. Is there House Committee on Resources by ganizations to ensure their continued objection to the request of the gen- unanimous consent on June 21, 2006. It cooperation with the Park Service in tleman from Georgia? renames the Dayton Aviation National fulfilling the mission of the park. There was no objection. Historic Park as the Wright Brothers- Mr. Speaker, today’s bill is the result Dunbar National Historical Park. of a community process which has re- f In 2002, Chairman and Federal Judge sulted in an improved and more appro- THE JOURNAL Walter Rice of the Dayton Aviation priate name to a regional asset, a name Heritage Commission appointed a com- which reflects Dayton’s true heritage. The SPEAKER pro tempore. Pursu- mittee made up of commission mem- While Ohio is the birthplace of avia- ant to clause 8 of rule XX, the unfin- bers to make recommendations regard- tion, Dayton is the birthplace of the ished business is the question on agree- ing the name of the Dayton Aviation first airplane and the birthplace of ing to the Speaker’s approval of the National Historic Park. Wright-Patterson Air Force Base, Journal which the Chair will put de The committee held several hearings where 1 million people every year visit novo. and solicited comments from busi- the National Museum of the United The question is on the Speaker’s ap- nesses, government, stakeholders, States Air Force. proval of the Journal. neighborhood and citizens groups on Dayton’s future is bright, with over Pursuant to clause 1, rule I, the Jour- the name change. Based on the public 1,000 jobs headed to Wright-Patterson nal stands approved. comments, the committee rec- Air Force Base as a result of 2005 BRAC f ommended to the commission that the process, and it will continue to be a name of the park, Dayton Aviation leader in American innovation. ANNOUNCEMENT BY THE SPEAKER Heritage National Historical Park, be Mr. Speaker, the Wright brothers and PRO TEMPORE changed to the Wright Brothers-Dun- Paul Laurence Dunbar would be proud The SPEAKER pro tempore. Pursu- bar National Historical Park. of the accomplishments in their home- ant to clause 8 of rule XX, proceedings Following input from the commu- town, and I am proud today to speak will resume on motions to suspend the nity, that committee recommended to for this bill, which will honor their leg- rules previously postponed. the commission that the name of the acies. Votes will be taken in the following park be changed to the Wright Broth- Mr. BISHOP of Utah. Mr. Speaker, order: ers-Dunbar National Historical Park, once again I encourage adoption of this H.R. 1143, by the yeas and nays; which was approved by the full com- excellent bill, and I yield back the bal- H.R. 1311, by the yeas and nays; mission and the National Park Service ance of my time. H.R. 816, by the yeas and nays. in 2003. Mr. RAHALL. Mr. Speaker, I yield The vote on H.R. 4191 will be taken The commission recognized a number back the balance of my time. tomorrow. of reasons for the name change. The The SPEAKER pro tempore. The The first electronic vote will be con- new name establishes a clear connec- question is on the motion offered by ducted as a 15-minute vote. Remaining tion to the universally recognized the gentleman from West Virginia (Mr. electronic votes will be conducted as 5- Wright brothers, the inventors of the RAHALL) that the House suspend the minute votes. airplane, and the new name also cre- rules and pass the bill, H.R. 4191. f ates a better link between the park and The question was taken. the primary park assets. All four of the The SPEAKER pro tempore. In the AUTHORIZING SECRETARY OF IN- park sites, a majority of interpretive opinion of the Chair, two-thirds being TERIOR TO LEASE LANDS IN exhibits and media at the park sites de- in the affirmative, the ayes have it. VIRGIN ISLANDS NATIONAL scribe the accomplishments of the Mr. BISHOP of Utah. Mr. Speaker, on PARK Wright brothers and the first recog- that I demand the yeas and nays. nized African American Poet Laureate, The SPEAKER pro tempore. The un- The yeas and nays were ordered. finished business is the vote on the mo- Paul Laurence Dunbar. The SPEAKER pro tempore. Pursu- Finally, the new name also estab- tion to suspend the rules and pass the ant to clause 8 of rule XX and the bill, H.R. 1143, as amended, on which lishes a better distinction between the Chair’s prior announcement, further park and the new National Aviation the yeas and nays were ordered. proceedings on this motion will be The Clerk read the title of the bill. Heritage Area. postponed. The new name of this park will truly The SPEAKER pro tempore. The be a reflection of Dayton’s heritage, f question is on the motion offered by that of innovation and creativity. The the gentleman from West Virginia (Mr. RECESS Wright brothers’ airplane and Dunbar’s RAHALL) that the House suspend the famous poems are two historic assets The SPEAKER pro tempore. Pursu- rules and pass the bill, H.R. 1143, as which make Dayton a great place to ant to clause 12(a) of rule I, the Chair amended. call home. It is fitting that the new declares the House in recess until ap- The vote was taken by electronic de- park name pays homage to Dayton’s proximately 6:30 p.m. today. vice, and there were—yeas 378, nays 0, hometown heroes, Paul Laurence Dun- Accordingly (at 2 o’clock and 55 min- not voting 50, as follows: bar and Orville and Wilbur Wright. utes p.m.), the House stood in recess [Roll No. 88] It is also important to note that the until approximately 6:30 p.m. YEAS—378 National Heritage Park in Dayton is f Abercrombie Baird Biggert unique in that it is a scattered site na- Ackerman Baldwin Bilbray tional park and it works with regional b 1830 Aderholt Barrett (SC) Bilirakis partners to advance the park’s mission. Alexander Barrow Bishop (GA) AFTER RECESS Allen Bartlett (MD) Bishop (NY) The Park Service partners with ‘‘Day- Altmire Barton (TX) Bishop (UT) ton History’’ at Carillon Park and The recess having expired, the House Andrews Bean Blackburn Wright-Patterson Air Force Base to was called to order by the Speaker pro Arcuri Becerra Blumenauer Baca Berkley Blunt provide maintenance and program as- tempore (Mr. DONNELLY) at 6 o’clock Bachmann Berman Boehner sistance for park assets. and 30 minutes p.m. Bachus Berry Bonner

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.035 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1205 Bono Mack Gohmert McNerney Souder Towns Watt Capito Hodes Nadler Boozman Goode McNulty Space Tsongas Waxman Capps Hoekstra Napolitano Boren Goodlatte Melancon Spratt Turner Welch (VT) Capuano Holden Neal (MA) Boswell Gordon Mica Stark Udall (CO) Westmoreland Cardoza Holt Neugebauer Boucher Graves Michaud Stearns Udall (NM) Wexler Carter Honda Nunes Boustany Grijalva Miller (MI) Stupak Upton Whitfield (KY) Castle Hooley Oberstar Boyd (FL) Hall (NY) Miller (NC) Sullivan Van Hollen Wilson (NM) Castor Hoyer Obey ´ Boyda (KS) Hare Miller, Gary Sutton Velazquez Wilson (OH) Chabot Hunter Olver Tancredo Visclosky Brady (PA) Harman Miller, George Wilson (SC) Chandler Inglis (SC) Pallone Tauscher Walberg Brady (TX) Hastings (FL) Mitchell Wittman (VA) Clarke Inslee Pascrell Braley (IA) Hastings (WA) Mollohan Taylor Walden (OR) Wolf Clay Israel Pastor Broun (GA) Hayes Moore (KS) Terry Walsh (NY) Cleaver Issa Paul Wu Brown (SC) Heller Moore (WI) Thompson (CA) Walz (MN) Clyburn Jackson (IL) Payne Wynn Brown, Corrine Herger Moran (KS) Thompson (MS) Wamp Coble Jefferson Pearce Yarmuth Buchanan Herseth Sandlin Moran (VA) Thornberry Wasserman Cohen Johnson (GA) Pence Buyer Higgins Murphy (CT) Tiahrt Schultz Young (AK) Cole (OK) Jones (NC) Perlmutter Calvert Hill Murphy, Patrick Tiberi Waters Young (FL) Conaway Jordan Peterson (MN) Camp (MI) Hinchey Murphy, Tim Tierney Watson Cooper Kagen Petri Campbell (CA) Hinojosa Murtha NOT VOTING—50 Costa Kanjorski Pickering Cannon Hirono Musgrave Costello Kaptur Pitts Cantor Hobson Myrick Akin Green, Gene Peterson (PA) Courtney Kennedy Platts Capito Hodes Nadler Brown-Waite, Gutierrez Radanovich Cramer Kildee Poe Capps Hoekstra Napolitano Ginny Hall (TX) Rangel Crenshaw Kilpatrick Pomeroy Capuano Holden Neal (MA) Burgess Hensarling Renzi Crowley Kind Porter Cardoza Holt Neugebauer Burton (IN) Hulshof Reyes Cubin King (IA) Price (GA) Carter Honda Nunes Butterfield Jackson-Lee Rodriguez Cuellar King (NY) Price (NC) Castle Hooley Oberstar Carnahan (TX) Rogers (AL) Culberson Kingston Pryce (OH) Castor Hoyer Obey Carney Johnson (IL) Rush Cummings Kirk Putnam Conyers Johnson, E. B. Chabot Hunter Olver Sessions Davis (AL) Klein (FL) Rahall Deal (GA) Johnson, Sam Chandler Inglis (SC) Pallone Shimkus Davis (CA) Kline (MN) Ramstad Doggett Jones (OH) Clarke Inslee Pascrell Simpson Davis (IL) Knollenberg Regula Everett Keller Clay Israel Pastor Tanner Davis (KY) Kuhl (NY) Rehberg Cleaver Issa Paul Fallin Kucinich Davis, David LaHood Reichert Fortenberry Marchant Weiner Clyburn Jackson (IL) Payne Weldon (FL) Davis, Lincoln Lamborn Reynolds Coble Jefferson Pearce Gingrey Meek (FL) Davis, Tom Lampson Richardson Weller Cohen Johnson (GA) Pence Gonzalez Meeks (NY) DeFazio Langevin Rogers (KY) Woolsey Cole (OK) Jones (NC) Perlmutter Granger Miller (FL) DeGette Larsen (WA) Rogers (MI) Conaway Jordan Peterson (MN) Green, Al Ortiz Delahunt Larson (CT) Rohrabacher Cooper Kagen Petri DeLauro Latham Ros-Lehtinen Costa Kanjorski Pickering b 1858 Dent LaTourette Roskam Costello Kaptur Pitts Mr. MCHENRY changed his vote from Diaz-Balart, L. Latta Ross Courtney Kennedy Platts Diaz-Balart, M. Lee Rothman Cramer Kildee Poe ‘‘nay’’ to ‘‘yea.’’ Dicks Levin Roybal-Allard Crenshaw Kilpatrick Pomeroy So (two-thirds being in the affirma- Dingell Lewis (CA) Royce Crowley Kind Porter tive) the rules were suspended and the Donnelly Lewis (GA) Ruppersberger Cubin King (IA) Price (GA) bill, as amended, was passed. Doolittle Lewis (KY) Ryan (OH) Cuellar King (NY) Price (NC) Doyle Linder Ryan (WI) Culberson Kingston Pryce (OH) The result of the vote was announced Drake Lipinski Salazar Cummings Kirk Putnam as above recorded. Dreier LoBiondo Sali Davis (AL) Klein (FL) Rahall A motion to reconsider was laid on Duncan Loebsack Sa´ nchez, Linda Davis (CA) Kline (MN) Ramstad Edwards Lofgren, Zoe T. Davis (IL) Knollenberg Regula the table. Ehlers Lowey Sanchez, Loretta Davis (KY) Kuhl (NY) Rehberg f Ellison Lucas Sarbanes Davis, David LaHood Reichert Ellsworth Lungren, Daniel Saxton Davis, Lincoln Lamborn Reynolds NEVADA CANCER INSTITUTE Emanuel E. Schakowsky Davis, Tom Lampson Richardson Emerson Lynch Schiff DeFazio Langevin Rogers (KY) EXPANSION ACT Engel Mack Schmidt DeGette Larsen (WA) Rogers (MI) The SPEAKER pro tempore. The un- English (PA) Mahoney (FL) Schwartz Delahunt Larson (CT) Rohrabacher Eshoo Maloney (NY) Scott (GA) DeLauro Latham Ros-Lehtinen finished business is the vote on the mo- Etheridge Manzullo Scott (VA) Dent LaTourette Roskam tion to suspend the rules and pass the Farr Markey Sensenbrenner Diaz-Balart, L. Latta Ross bill, H.R. 1311, as amended, on which Fattah Marshall Serrano Diaz-Balart, M. Lee Rothman Feeney Matheson Sestak Dicks Levin Roybal-Allard the yeas and nays were ordered. Ferguson Matsui Shadegg Dingell Lewis (CA) Royce The Clerk read the title of the bill. Filner McCarthy (CA) Shays Donnelly Lewis (GA) Ruppersberger The SPEAKER pro tempore. The Flake McCarthy (NY) Shea-Porter Doolittle Lewis (KY) Ryan (OH) question is on the motion offered by Forbes McCaul (TX) Sherman Doyle Linder Ryan (WI) Fossella McCollum (MN) Shuler Drake Lipinski Salazar the gentleman from West Virginia (Mr. Foxx McCotter Shuster Dreier LoBiondo Sali RAHALL) that the House suspend the Frank (MA) McCrery Sires Duncan Loebsack Sa´ nchez, Linda rules and pass the bill, H.R. 1311, as Franks (AZ) McDermott Skelton Edwards Lofgren, Zoe T. Frelinghuysen McGovern Slaughter Ehlers Lowey Sanchez, Loretta amended. Gallegly McHenry Smith (NE) Ellison Lucas Sarbanes This will be a 5-minute vote. Garrett (NJ) McHugh Smith (NJ) Ellsworth Lungren, Daniel Saxton The vote was taken by electronic de- Gerlach McIntyre Smith (TX) Emanuel E. Schakowsky vice, and there were—yeas 377, nays 0, Giffords McKeon Smith (WA) Emerson Lynch Schiff Gilchrest McMorris Snyder Engel Mack Schmidt not voting 51, as follows: Gillibrand Rodgers Solis English (PA) Mahoney (FL) Schwartz [Roll No. 89] Gohmert McNerney Souder Eshoo Maloney (NY) Scott (GA) Goode McNulty Space Etheridge Manzullo Scott (VA) YEAS—377 Goodlatte Melancon Spratt Farr Markey Sensenbrenner Abercrombie Becerra Boswell Gordon Mica Stark Fattah Marshall Serrano Ackerman Berkley Boucher Graves Michaud Stearns Feeney Matheson Sestak Aderholt Berman Boustany Grijalva Miller (MI) Stupak Ferguson Matsui Shadegg Alexander Berry Boyd (FL) Hall (NY) Miller (NC) Sutton Filner McCarthy (CA) Shays Allen Biggert Boyda (KS) Hare Miller, Gary Tancredo Flake McCarthy (NY) Shea-Porter Altmire Bilbray Brady (PA) Harman Miller, George Tauscher Forbes McCaul (TX) Sherman Andrews Bilirakis Brady (TX) Hastings (FL) Mitchell Taylor Fossella McCollum (MN) Shuler Arcuri Bishop (GA) Braley (IA) Hastings (WA) Mollohan Terry Foxx McCotter Shuster Baca Bishop (NY) Broun (GA) Hayes Moore (KS) Thompson (CA) Frank (MA) McCrery Sires Bachmann Bishop (UT) Brown (SC) Heller Moore (WI) Thompson (MS) Franks (AZ) McDermott Skelton Bachus Blackburn Brown, Corrine Herger Moran (KS) Thornberry Frelinghuysen McGovern Slaughter Baird Blumenauer Buchanan Herseth Sandlin Moran (VA) Tiahrt Gallegly McHenry Smith (NE) Baldwin Blunt Buyer Higgins Murphy (CT) Tiberi Garrett (NJ) McHugh Smith (NJ) Barrett (SC) Boehner Calvert Hill Murphy, Patrick Tierney Gerlach McIntyre Smith (TX) Barrow Bonner Camp (MI) Hinchey Murphy, Tim Towns Giffords McKeon Smith (WA) Bartlett (MD) Bono Mack Campbell (CA) Hinojosa Murtha Tsongas Gilchrest McMorris Snyder Barton (TX) Boozman Cannon Hirono Musgrave Turner Gillibrand Rodgers Solis Bean Boren Cantor Hobson Myrick Udall (CO)

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.023 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1206 CONGRESSIONAL RECORD — HOUSE March 4, 2008 Udall (NM) Wasserman Wilson (NM) Blunt Giffords McMorris Solis Tierney Watson Upton Schultz Wilson (OH) Boehner Gilchrest Rodgers Souder Towns Watt Van Hollen Waters Wilson (SC) Bonner Gillibrand McNerney Space Tsongas Waxman Vela´ zquez Watson Wittman (VA) Bono Mack Gohmert McNulty Spratt Turner Welch (VT) Visclosky Watt Wolf Boozman Goode Melancon Stark Udall (CO) Westmoreland Walberg Waxman Wu Boren Goodlatte Mica Stearns Udall (NM) Wexler Walden (OR) Welch (VT) Wynn Boswell Gordon Michaud Stupak Upton Whitfield (KY) Walsh (NY) Westmoreland Yarmuth Boucher Graves Miller (MI) Sullivan Van Hollen Wilson (NM) Walz (MN) Wexler Young (AK) Sutton Vela´ zquez Boustany Grijalva Miller (NC) Wilson (OH) Wamp Whitfield (KY) Young (FL) Tancredo Visclosky Boyd (FL) Hall (NY) Miller, Gary Wilson (SC) Miller, George Tauscher Walberg Boyda (KS) Hare Wittman (VA) NOT VOTING—51 Brady (PA) Mitchell Taylor Walden (OR) Harman Wolf Akin Green, Gene Peterson (PA) Brady (TX) Mollohan Terry Walsh (NY) Hastings (FL) Wu Brown-Waite, Gutierrez Radanovich Braley (IA) Moore (KS) Thompson (CA) Walz (MN) Hastings (WA) Wynn Ginny Hall (TX) Rangel Broun (GA) Hayes Moore (WI) Thompson (MS) Wamp Thornberry Wasserman Yarmuth Burgess Hensarling Renzi Brown (SC) Heller Moran (KS) Tiahrt Schultz Young (AK) Burton (IN) Hulshof Reyes Brown, Corrine Herger Moran (VA) Tiberi Waters Young (FL) Butterfield Jackson-Lee Rodriguez Buchanan Herseth Sandlin Murphy (CT) Carnahan (TX) Rogers (AL) Buyer Higgins Murphy, Patrick NOT VOTING—53 Carney Johnson (IL) Rush Calvert Hill Murphy, Tim Conyers Johnson, E. B. Akin Gutierrez Peterson (PA) Sessions Camp (MI) Hinchey Murtha Deal (GA) Johnson, Sam Brown-Waite, Hall (TX) Price (GA) Shimkus Campbell (CA) Hinojosa Musgrave Doggett Jones (OH) Ginny Hensarling Radanovich Simpson Cannon Hirono Myrick Everett Keller Cantor Nadler Burgess Hulshof Rangel Sullivan Hobson Fallin Kucinich Capito Napolitano Burton (IN) Jackson-Lee Renzi Tanner Hodes Fortenberry Marchant Capps Neal (MA) Butterfield (TX) Reyes Weiner Hoekstra Gingrey Meek (FL) Capuano Neugebauer Carnahan Johnson (IL) Rodriguez Weldon (FL) Holden Gonzalez Meeks (NY) Cardoza Nunes Carney Johnson, E. B. Rogers (AL) Weller Holt Conyers Johnson, Sam Granger Miller (FL) Carter Oberstar Rush Woolsey Honda Deal (GA) Jones (OH) Green, Al Ortiz Castle Obey Sessions Hooley Doggett Keller Castor Olver Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hoyer Everett Kucinich Chabot Hunter Pallone Simpson The SPEAKER pro tempore (during Chandler Pascrell Fallin Marchant Inglis (SC) Fortenberry McCarthy (CA) Tanner Clarke Pastor the vote). Members are advised there Inslee Gingrey McIntyre Weiner Clay Paul are 2 minutes left in this vote. Israel Gonzalez Meek (FL) Weldon (FL) Cleaver Payne Issa Granger Meeks (NY) Weller Clyburn Pearce b 1907 Jackson (IL) Green, Al Miller (FL) Woolsey Coble Pence Jefferson Green, Gene Ortiz So (two-thirds being in the affirma- Cohen Johnson (GA) Perlmutter tive) the rules were suspended and the Cole (OK) Jones (NC) Peterson (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill, as amended, was passed. Conaway Jordan Petri The SPEAKER pro tempore (during Cooper Kagen Pickering The title was amended so as to read: Costa Pitts the vote). Members are advised there Kanjorski are 2 minutes remaining in this vote. ‘‘A bill to provide for the conveyance of Costello Kaptur Platts the Alta-Hualapai Site to the Nevada Courtney Kennedy Poe b 1915 Cancer Institute, and for other pur- Cramer Kildee Pomeroy Crenshaw Porter So (two-thirds being in the affirma- poses.’’. Kilpatrick Crowley Kind Price (NC) tive) the rules were suspended and the A motion to reconsider was laid on Cubin King (IA) Pryce (OH) Cuellar Putnam bill, as amended, was passed. the table. King (NY) The result of the vote was announced Culberson Kingston Rahall f Cummings Kirk Ramstad as above recorded. Davis (AL) Klein (FL) Regula A motion to reconsider was laid on MESSAGE FROM THE PRESIDENT Davis (CA) Kline (MN) Rehberg the table. Davis (IL) Reichert A message in writing from the Presi- Knollenberg Davis (KY) Kuhl (NY) Reynolds f Davis, David Richardson dent of the United States was commu- LaHood Davis, Lincoln Rogers (KY) PERSONAL EXPLANATION nicated to the House by Mr. Sherman Lamborn Davis, Tom Rogers (MI) Lampson Mrs. JONES of Ohio. Mr. Speaker, due to Williams, one of his secretaries. DeFazio Rohrabacher Langevin DeGette Ros-Lehtinen events in my district, I will miss votes today. f Larsen (WA) Delahunt Roskam Had I been present, I would have voted as fol- Larson (CT) DeLauro Ross ORCHARD DETENTION BASIN Latham lows: Dent Rothman LaTourette H.R. 1143, to authorize the Secretary of the FLOOD CONTROL ACT Diaz-Balart, L. Roybal-Allard Latta Diaz-Balart, M. Royce Interior to lease certain lands in Virgin Islands The SPEAKER pro tempore. The un- Lee Dicks Ruppersberger National Park, and for other purposes—‘‘yea.’’ Levin finished business is the vote on the mo- Dingell Ryan (OH) H.R. 1311, to direct the Secrtary of the Inte- tion to suspend the rules and pass the Donnelly Lewis (CA) Ryan (WI) Lewis (GA) rior to convey the Alta-Hualapai Site to the city bill, H.R. 816, as amended, on which the Doolittle Salazar Doyle Lewis (KY) Sali of Las Vegas, Nevada, for the development of yeas and nays were ordered. Drake Linder Sa´ nchez, Linda a cancer treatment facility—‘‘yea.’’ The Clerk read the title of the bill. Dreier Lipinski T. H.R. 816, to provide for the release of cer- The SPEAKER pro tempore. The Duncan LoBiondo Sanchez, Loretta Loebsack tain land from the Sunrise Mountain Instant question is on the motion offered by Edwards Sarbanes Study Area in the State of Nevada and to Ehlers Lofgren, Zoe Saxton the gentleman from West Virginia (Mr. Ellison Lowey Schakowsky grant a right-of-way across the released land RAHALL) that the House suspend the Ellsworth Lucas Schiff for the construction and maintenance of a rules and pass the bill, H.R. 816, as Emanuel Lungren, Daniel Schmidt flood control project—‘‘yea.’’ Emerson E. Schwartz amended. Engel Lynch Scott (GA) f This will be a 5-minute vote. Mack English (PA) Scott (VA) PERSONAL EXPLANATION The vote was taken by electronic de- Eshoo Mahoney (FL) Sensenbrenner vice, and there were—yeas 375, nays 0, Etheridge Maloney (NY) Serrano Mr. CONYERS. Mr. Speaker, I took a leave Farr Manzullo Sestak of absence today. Had I been in attendance I not voting 53, as follows: Fattah Markey Shadegg [Roll No. 90] Feeney Marshall Shays would have voted as follows: Ferguson Matheson Shea-Porter ‘‘Yea’’—H.R. 1143—to authorize the Sec- YEAS—375 Filner Matsui Sherman retary of Interior to lease certain lands in Vir- Abercrombie Bachus Berman Flake McCarthy (NY) Shuler gin Islands National Park, and for other pur- Ackerman Baird Berry Forbes McCaul (TX) Shuster Aderholt Baldwin Biggert Fossella McCollum (MN) Sires poses (Representative CHRISTENSEN—Natural Alexander Barrett (SC) Bilbray Foxx McCotter Skelton Resources). Allen Barrow Bilirakis Frank (MA) McCrery Slaughter ‘‘Yea’’—H.R. 1311—to direct the Secretary Altmire Bartlett (MD) Bishop (GA) Franks (AZ) McDermott Smith (NE) of the Interior to convey the Alta-Hualapai Site Andrews Barton (TX) Bishop (NY) Frelinghuysen McGovern Smith (NJ) to the city of Las Vegas, Nevada, for the de- Arcuri Bean Bishop (UT) Gallegly McHenry Smith (TX) Baca Becerra Blackburn Garrett (NJ) McHugh Smith (WA) velopment of a cancer treatment facility (Rep- Bachmann Berkley Blumenauer Gerlach McKeon Snyder resentative BERKLEY—Natural Resources).

VerDate Aug 31 2005 01:43 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A04MR7.025 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1207 ‘‘Yea’’—H.R. 816—to provide for the release treated her co-workers, employees, and from the President of the United of certain land from the Sunrise Mountain In- the citizens of Virginia. States; which was read and, together stant Study Area in the State of Nevada and I am thankful to Judy Hopkins for with the accompanying papers, without to grant a right-of-way across the released the assistance and attention she pro- objection, referred to the Committee land for the construction and maintenance of vided my constituents, and I would like on Foreign Affairs and ordered to be a flood control project (Representative POR- to wish Judy all the best as she em- printed: TER—Natural Resources). barks on this new chapter in her life. To the Congress of the United States: f f The crisis constituted by the actions SUPPORTING H.R. 1922 and policies of certain members of the PERSONAL EXPLANATION (Mr. KLEIN of Florida asked and was Government of Zimbabwe and other Mr. GINGREY. Mr. Speaker, on rollcall No. given permission to address the House persons to undermine Zimbabwe’s 88 on H.R. 1143, I am not recorded because for 1 minute and to revise and extend democratic processes or institutions I was absent due to flight delays returning to his remarks.) has not been resolved. These actions Washington. Had I been present, I would have Mr. KLEIN of Florida. Mr. Speaker, I and policies pose a continuing unusual voted ‘‘yea.’’ rise today in support of H.R. 1922, the and extraordinary threat to the foreign On rollcall No. 89 on H.R. 1311, had I been Jupiter Inlet Lighthouse Outstanding policy of the United States. For these present, I would have voted ‘‘yea.’’ Natural Area Act of 2007. As one of its reasons, I have determined that it is On rollcall No. 90 on H.R. 816, had I been cosponsors, I applaud my good friend, necessary to continue this national present, I would have voted ‘‘yea.’’ Representative TIM MAHONEY, for shep- emergency and to maintain in force the f herding this bill through the House. sanctions to respond to this threat. H.R. 1922 will establish the Jupiter Section 202(d) of the National Emer- PERSONAL EXPLANATION Lighthouse and the surrounding 126 gencies Act (50 U.S.C. 1622(d)) provides Ms. EDDIE BERNICE JOHNSON of acres as an ‘‘outstanding natural for the automatic termination of a na- Texas. Mr. Speaker, had I been present area,’’ only the second in the country tional emergency unless, prior to the today, I would have voted ‘‘yea’’ on and the only one east of the Mis- anniversary date of its declaration, the rollcall No. 88, ‘‘yea’’ on rollcall No. 89, sissippi. President publishes in the Federal Reg- and ‘‘yea’’ on rollcall No. 90. The lighthouse area is well-deserving ister and transmits to the Congress a of this designation. It is home to a notice stating that the emergency is to f wide range of endangered species of continue in effect beyond the anniver- PERSONAL EXPLANATION flora and fauna, and it tells a rich sary date. In accordance with this pro- story of Florida’s history and pre- vision, I have sent the enclosed notice Mr. GUTIERREZ. Mr. Speaker, I was un- history. avoidably absent today. Had I been present, I to the Federal Register for publication, The Jupiter Lighthouse is the epi- stating that the national emergency would have voted ‘‘yea’’ on rollcall votes 88, center for education, history, ecology, 89 and 90. with respect to the actions and policies science, and recreation. This legisla- of certain members of the Government f tion will elevate this local and regional of Zimbabwe and other persons to un- site to national prominence and help HONORING JUDITH HOPKINS dermine Zimbabwe’s democratic proc- an important part of Florida’s history esses or institutions is to continue in (Mr. WITTMAN of Virginia asked and become a valuable part of our shared effect beyond March 6, 2008. was given permission to address the American history. GEORGE W. BUSH. House for 1 minute and to revise and f THE WHITE HOUSE, March 4, 2008. extend his remarks.) Mr. WITTMAN of Virginia. Mr. FIGHTING CRIME f Speaker, I rise today to honor the ca- (Mr. COHEN asked and was given per- SPECIAL ORDERS reer of Judith Hopkins, Social Security mission to address the House for 1 The SPEAKER pro tempore. Under Administration level 1 district man- minute and to revise and extend his re- the Speaker’s announced policy of Jan- ager in Richmond, Virginia, who is re- marks.) uary 18, 2007, and under a previous Mr. COHEN. Mr. Speaker, yesterday tiring from Federal service after 33 order of the House, the following Mem- evening in my hometown of Memphis, years. A dedicated and selfless indi- bers will be recognized for 5 minutes Tennessee, there was a senseless kill- vidual, Judy has devotedly served the each. public since 1975. ing of six individuals. Four adults and two children were shot and/or stabbed f Judy’s tenure with the Federal Gov- The SPEAKER pro tempore. Under a ernment began as a Social Security in the Binghampton community. We have seen more and more and previous order of the House, the gen- claims representative trainee in Rich- more urban crime in this country, and tleman from Texas (Mr. POE) is recog- mond, soon advancing to operations su- the response has not been sufficient nized for 5 minutes. pervisor, operations officer, assistant from the Federal Government to help (Mr. POE addressed the House. His district manager, and the position she the locals with law enforcement fund- remarks will appear hereafter in the retires from this month as district ing. This House has passed a COPS bill Extensions of Remarks.) manager. that is still pending in the Senate and f Judy’s outstanding leadership, com- is opposed by the administration. We TANKER SHOULD BE BUILT BY munication, and coalition-building need to see that the COPS bill becomes AMERICANS skills were recognized by the agency as law and we have an opportunity to help she was asked to serve on many re- fund the policemen on our streets in The SPEAKER pro tempore. Under a gional and national Social Security our urban centers, and all over this previous order of the House, the gen- workgroups. As the district manager of country. tleman from Kansas (Mr. TIAHRT) is the Richmond complex, she was respon- We also need to help the Second recognized for 5 minutes. sible for four offices and approximately Chance programs to see that people Mr. TIAHRT. Mr. Speaker, we should 70 employees. don’t resort to crime. Crime must stop, all be deeply troubled by last week’s Constituents in the First District of Mr. Speaker, and we must do our part. decision by the Air Force to choose a Virginia greatly benefited from Judy’s f French-built air refueling tanker. positive attitude and conscientious The European Aeronautics Defense work ethic. My staff and my fellow Vir- CONTINUATION OF NATIONAL and Space Team, known as EADS, ginia colleagues’ offices always re- EMERGENCY WITH RESPECT TO found a front American company, ceived courteous and prompt attention ZIMBABWE—MESSAGE FROM THE Northrup Grumman, to bid their for- from Judy whether the question was a PRESIDENT OF THE UNITED eign-built tanker. When the Air Force simple issue or an intensive, complex STATES (H. DOC. NO. 110–99) chose this French tanker, they chose case. The commitment to public serv- The SPEAKER pro tempore laid be- to outsource our national security and ice was always apparent in the way she fore the House the following message to send American jobs overseas.

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.029 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1208 CONGRESSIONAL RECORD — HOUSE March 4, 2008 This contract award has rightly cre- SUPPORTING H.R. 1922 the Jupiter Inlet Lighthouse an out- ated outrage all across the United The SPEAKER pro tempore. Under a standing natural area. Doing so will States. It is just another example, and previous order of the House, the gen- preserve the natural and cultural sig- perhaps the best example, of how our tleman from Florida (Mr. MAHONEY) is nificance of the area for future genera- own government is putting the United recognized for 5 minutes. tions and will reaffirm that Florida’s States at an economic disadvantage. Mr. MAHONEY of Florida. Mr. history is an important part of Amer- At a time of economic insecurity, it is Speaker, I rise today in support of H.R. ican history. mind-boggling that the Department of 1922, the Jupiter Inlet Lighthouse Out- Again, I’d like to thank my col- Defense would send at a minimum standing Natural Area Act of 2007. And leagues for passing this important leg- 19,000 jobs overseas. I would like to also thank Chairman islation. We should have an American tanker RAHALL and Subcommittee Chairman f built by an American company with GRIJALVA and my good friend, Con- American workers. Instead, the Air FOREIGN SHORTFALLS IN IRAQ Force awarded this contract for a gressman RON KLEIN, for helping me AID PLEDGES get this bill passed today in the House French tanker built by Europeans. How The SPEAKER pro tempore (Mr. of Representatives. could this happen? Well, first, the De- DONNELLY). Under a previous order of partment of Defense has created an Mr. Speaker, H.R. 1922 is an impor- tant piece of legislation, as it will es- the House, the gentleman from North unlevel playing field that favored for- Carolina (Mr. JONES) is recognized for 5 eign companies. We should have known tablish the Jupiter Lighthouse and the surrounding 126 acres as an out- minutes. something was wrong when the re- Mr. JONES of North Carolina. Mr. standing natural area, only the second placement for Marine I, the President’s Speaker, I would like to bring to the in the country and the only one east of helicopter, was awarded to a European attention of the House and to the the Mississippi. company. If that wasn’t enough, we American people a disturbing situation should have known it was fixed in favor b 1930 involving a shortfall in Iraq aid of foreign companies when the Army An outstanding natural area is a con- pledges. I also brought this issue to the awarded a French company the con- gressional designation to protect the attention of Secretary of Defense Rob- tract to build the light utility heli- unique, scenic, scientific, educational, ert Gates, for whom I have great re- copter. The light utility helicopter is and recreational contributions of a spect, during a hearing last month of for domestic use here in America, natural area to this and future genera- the House Armed Services Committee. awarded to a French company. And, tions. On January 30 of 2008, USA Today re- now, the third big contract in a row One of the reasons why I enthusiasti- ported that allied countries have paid goes to a French company to build a cally support the designation is be- only 16 percent of their pledge. Their French tanker. pledge was $15.8 billion, and they have First it was the Presidential heli- cause Florida’s rich and diverse history only paid $2.5 billion. copter went to a foreign company, then is sometimes overlooked by the mil- lions of tourists who visit from all The article further reports, and I it was the light utility helicopter went quote, ‘‘The biggest shortfall in pledges to a foreign company, and now our air- across America. Of course, it’s not hard by 41 donor countries are from Iraq’s refueling tanker. We need an American to see why. With our pristine coastline, oil rich neighbors and U.S. allies,’’ tanker built by American companies trendsetting hotels and restaurants, namely, Saudi Arabia and Kuwait. with American workers. The Air Force and ample eco-tourist activities, a typ- ical family vacation in south Florida Yet, the United States has already rules do not consider the loss of Amer- spent $29 billion to help rebuild Iraq, ican jobs. The Air Force rules do not can pass, and very quickly without and Congress has approved an addi- consider illegal subsidies given to for- having the chance to see all other amazing aspects of Florida’s ecology, tional $16.5 billion. eign companies. The Air Force rules do Mr. Speaker, it is troubling that not consider that NATO allies, the culture, and history. The Jupiter Lighthouse area is one some of the countries that may benefit French company, do not have to com- from a secure and stable Iraq, particu- ply with the same American regula- such example. It is a local and regional larly its neighbors in the region, are tions as American contractors do. The icon, and with this new designation, not providing the money they pledged Air Force does not consider the loss of the United States Congress can say to help achieve the goal to rebuild Iraq. Federal revenue, because French work- that Florida’s rich history should be celebrated as an integral part of our Unlike the United States, which is ers do not pay American taxes. But the borrowing money from foreign govern- Air Force will have to consider the out- larger American history. ments to pay its bills, many of Iraq’s rage of outsourcing our national de- Situated where the Loxahatchee neighbors are running record surpluses fense. River and the Indian River Lagoon The Air Force will have to consider meet, the Jupiter Inlet Lighthouse because of profits flowing into their that we need an American tanker built area is home to a wide range of endan- government coffers by their national by American companies with American gered species of flora and fauna, and it oil companies. These countries have workers. To help the Department of is one of the true scenic gems of south the economic resources to meet their Defense and the Air Force understand Florida. commitments. this nationwide outrage, I have set up The lighthouse also tells a rich story In a letter on February 8, 2008, I ex- an online petition that all Americans of Florida’s history and prehistory. Na- pressed these concerns to Secretary can participate in. tive Americans first used the area Condoleezza Rice and to President Mr. Speaker, I encourage all of my around the Jupiter Lighthouse over Bush. colleagues to go to the Web site, 4,000 years ago, and Europeans made HOUSE OF REPRESENTATIVES, www.House.gov/Tiahrt, and sign a peti- contact with it in the 17th century. As Washington, DC, February 8, 2008. tion expressing their own outrage at trade increased in the 1800s, the need Hon. CONDOLEEZZA RICE, for the lighthouse became more urgent Secretary of State, outsourcing our national security and Washington, DC outsourcing American jobs. as shipwrecks increased off Florida’s DEAR MADAM SECRETARY: I am writing to We need an American tanker built by coast and, in particular, off the dan- express my concern over information re- an American company with American gerous reefs near Jupiter. ported January 30, 2008, in the USA Today workers. The United States Congress re- article, ‘‘Allies fall short on Iraq aid f sponded in 1853 by providing $35,000 to pledges.’’ According to the article, during The SPEAKER pro tempore. Under a establish a lighthouse in Jupiter. De- and after an October 2003 conference in Ma- previous order of the House, the gen- spite an intervening war with the Sem- drid, allied countries pledged $15.8 billion to inole Nation, the lighthouse was fi- help rebuild Iraq. Now almost five years tleman from Oregon (Mr. DEFAZIO) is later, allied countries have paid only 16%, or recognized for 5 minutes. nally completed in 1860, the first built $2.5 billion, of those pledges. The article also (Mr. DEFAZIO addressed the House. along Florida’s coastline. I think it’s states: ‘‘The biggest shortfalls in pledges by His remarks will appear hereafter in fitting that 155 years later the same 41 donor countries are from Iraq’s oil-rich the Extensions of Remarks.) distinguished body is poised to make neighbors and U.S. allies.’’

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.048 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1209 While the United States has spent $29 bil- increase in oil prices lowers economic need every single elected official at the lion to help rebuild Iraq, and Congress has growth in our country by a quarter national level to be committed to en- approved an additional $16.5 billion, it is point to a little over a point over the ergy independence now. We need a troubling that some of the countries that next four quarters, compared to a flat change in this Capitol city. We need a may benefit the most from a secure and sta- ble Iraq—particularly its neighbors in the re- growth rate for oil prices. change in the White House, and we gion—are not providing the money they When President Bush took office, need people elected to this Congress pledged to help achieve that goal. It’s not as gasoline cost 1.45 a gallon. Today gaso- who will save America from ruin be- though these nations lack the economic re- line averages $3.17 a gallon, with some cause of the terrible toll that rising oil sources to meet their commitments; in fact analysts saying the price could reach prices are having on the innards of this many of Iraq’s neighbors are running record $4 a gallon. Californians already know economy, in every borough, in every surpluses as a result of the windfall profits that. hamlet, in every city, in every town flowing into their government coffers via The American people don’t need the across this country. their national oil companies. Congressional Research Service to do Madam Secretary, I have no doubt that It is high time America moved from the math to understand what this the carbon-based economy into the car- you and others in the Administration are means, but let’s run the numbers just working to make sure those who promised bohydrate economy, and we can’t do it money to rebuild Iraq actually make good on for the sake of argument. fast enough. those promises. Therefore, I respectfully re- During Bush’s tenure in office, the The sun waits to be captured. The quest that you provide me with a written up- average price of gasoline has increased wind across our plains needs to be put date of the Administration’s efforts in this over 218 percent; not 10 percent, 218 to new use, and it is renewable. It was regard. Thank you in advance for your con- percent. With researchers predicting given to us as a precious gift. We ought sideration. that a one quarter increase of 10 per- Sincerely, to use it. And we need to have elected cent in oil prices leads to an economic officials who are committed to this WALTER B. JONES, contraction of a quarter percent to 1.1 Member of Congress. great American quest in this new percent for the following four quarters, American century. I look forward to hearing the admin- the American people can only imagine istration’s response and an update on what a 218 percent increase has meant f what steps they are taking to insure for the American consumer over the SUNSET MEMORIAL the Arab countries fulfill their pledges last 7 years. It is profound. The SPEAKER pro tempore. Under a to aid Iraq. Our government should be In rough terms, the Bush economic previous order of the House, the gen- working to make sure that those who stewardship plan has driven our econ- tleman from Arizona (Mr. FRANKS) is promised money to help rebuild Iraq omy into a tailspin. Our economy is in recognized for 5 minutes. actually make good on those promises. trouble. It needs rescuing. And our top Mr. FRANKS of Arizona. Mr. Speaker it is While oil is at a record high of near leader doesn’t even know prices could March 4, 2008, in the land of the free and the $104 a barrel, American taxpayers are reach $4 a gallon? home of the brave, and before the sun set facing prices of more than $3 at the We should have learned something today in America, almost 4,000 more defense- pump. from the first Arab oil embargo of the less unborn children were killed by abortion on Mr. Speaker, out of fairness to the 1970s when the United States suffered demand—just today. That is more than the American taxpayer, it is time that the both high unemployment and rampant number of innocent American lives that were administration tell these Arab coun- inflation. President Reagan called it lost on September 11th, only it happens every tries that they are running record sur- the misery index. Don’t we remember that misery? It’s being exacted on the day. pluses, that they need to pay their bills It has now been exactly 12,825 days since in Iraq. Again, they pledged $15.8 bil- American people again. The rising prices of oil imports in the travesty called Roe v. Wade was handed lion. They have only paid $2.5 billion. down. Since then, the very foundation of this And the poor taxpayer of America is 2006 and 2007 alone accounted for over $70 billion of our mammoth trade def- Nation has been stained by the blood of al- having to foot the bill to rebuild Iraq. most 50 million children. And all of them had It is not right, and it’s time that we icit. The global savings glut is being driven largely by the transfer of wealth at least four things in common. ask those rich Arab countries to meet They were each just little babies who had their responsibilities. from our country and western democ- racies to the oil rich kingdoms of the done nothing wrong to anyone. And each one f Middle East, and this imbalance con- of them died a nameless and lonely death. And each of their mothers, whether she real- LET’S THINK ABOUT THE tinues to grow, and our people continue izes it immediately or not, will never be the NUMBERS to suffer more. The dollar declines. It’s very clear same. The SPEAKER pro tempore. Under a what’s happening. Gasoline prices are All the gifts that these children might have previous order of the House, the gentle- destroying the economic gains of our brought to humanity are now lost forever. woman from Ohio (Ms. KAPTUR) is rec- economy every day, pushing up our Mr. Speaker, those noble heroes lying in ognized for 5 minutes. trade deficit and making America less frozen silence out in Arlington National Ceme- Ms. KAPTUR. Mr. Speaker, when competitive on the global market. tery did not die so America could shred her asked about the possibility of gas going Every paper you open up there are own Constitution, as well as her own children, up to $4 a gallon, the President of the layoffs in community after community by the millions. It seems that we are never United States and leader of the free after community, coast to coast, and quite so eloquent as when we condemn the world said, ‘‘That’s interesting. I people are losing their homes at great- genocidal crimes of past generations, those hadn’t heard that.’’ er rates. Without a course correction, who allowed their courts to strip the black man Yes, gas prices are predicted to top $4 the next generation will never be able and the Jew of their constitutional personhood, a gallon, and the leader of the free to compete. and then proceeded to murderously desecrate world doesn’t even know? Something is Energy legislation this House consid- millions of these, God’s own children. clearly wrong. ered last week is a step in the right di- Yet even in the full glare of such tragedy, Mr. Speaker, with an economy based rection, and the other body ought to this generation clings to a blind, invincible ig- on the fuel of yesterday, America needs pass it quickly. But it is only a step. norance while history repeats itself and our new vision and leadership. We cannot This is the time for America to re- own genocide mercilessly annihilates the most rely on leaders who don’t know what double our efforts and invest in an en- helpless of all victims to date, those yet un- most Americans understand and are ergy-independent future that uses geo- born. living every day, that our oil economy thermal, wind, biomass, solar, ad- Perhaps it is important for those of us in this is based on borrowed time that is fast vanced vehicle research, new fuels of Chamber to remind ourselves again of why we running out. all kinds and new vehicles, developing are really all here. Let’s think about these numbers. A the technologies of tomorrow for this Thomas Jefferson said, ‘‘The care of human recent Congressional Research Service new century. life and its happiness and not its destruction is paper summarized the point clearly. America needs energy independence the chief and only object of good govern- Researchers predict that a 10 percent now, not in 2025, not even in 2015. We ment.’’

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A04MR7.034 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1210 CONGRESSIONAL RECORD — HOUSE March 4, 2008 The phrase in the 14th amendment capsul- MEDICARE CRISIS year, in fiscal year 2006, and it’s hap- izes our entire Constitution. It says: ‘‘No state The SPEAKER pro tempore. Under pened again this year, in the fiscal year shall deprive any person of life, liberty or prop- the Speaker’s announced policy of Jan- that just ended, fiscal year 2007. erty without due process of law.’’ Mr. Speaker, uary 18, 2007, the gentleman from So several weeks ago the President protecting the lives of our innocent citizens Texas (Mr. BARTON) is recognized for 60 and the Secretary of Health and and their constitutional rights is why we are all minutes as the designee of the minor- Human Services presented to this Con- here. It is our sworn oath. ity leader. gress a report that did two things: The bedrock foundation of this Republic is Mr. BARTON of Texas. Mr. Speaker, Number 1, it did announce that the that clarion Declaration of the self-evident truth in 1965 the hot car on the American spending had exceeded 45 percent of the that all human beings are created equal and market was a Ford Mustang, which revenues of the general treasury, and endowed by their creator with the unalienable cost less than $2,000. The President of Number 2, it put forward an outline of rights of life, liberty and the pursuit of happi- the United States was Lyndon John- the proposal on how to bring that ness. Every conflict and battle our Nation has son. The entire Federal budget was less spending back below the 45 percent ever faced can be traced to our commitment than $100 billion. The war that was on trigger. to this core self-evident truth. It has made us the front pages was the war in south b 1945 Vietnam. The Super Bowl didn’t exist. the beacon of hope for the entire world. It is The Congress does not have to act on who we are. Cell phones didn’t exist. If you wanted to use a computer, you typed out your the President’s proposal. The Congress And yet another day has passed, Mr. can initiate one of its own. In fact, if 70 Speaker, and we in this body have failed program on data index cards and sub- mitted them in a batch to a mainframe Members of this House decide that they again to honor that foundational commitment. want a different proposal than the We failed our sworn oath and our God-given computer. I believe the dominant mainframe was an IBM 360. Gasoline President of the United States, if 70 responsibility as we broke faith with nearly Members will sign a letter, I believe, to 4,000 more innocent American babies who cost approximately 25 cents a gallon, and a little-noticed program was put the Speaker of the House and also to died today without the protection we should the chairman of the Budget Com- have been given them. into effect to help our senior citizens with their health care costs called mittee, those 70 Members will present Mr. Speaker, I believe that this discussion Medicare. their proposal to the Budget Com- presents this Congress and the American peo- Forty-three years later, that Medi- mittee. If the Budget Committee holds ple with two destiny questions. care program is going to expend over hearings and certifies that the proposal The first that all of us must ask ourselves is $400 billion to provide health care for that’s been submitted by the 70 Mem- very simple: Does abortion really kill a baby? over 45 million senior citizens in every bers does, in fact, meet the require- If the answer is ‘‘yes,’’ there is a second des- State and territory of the United ments of the law, that proposal then is tiny question that inevitably follows. States. If something is not changed be- ordered reported to the House of Rep- And it is this, Mr. Speaker: Will we allow tween now and the year 2018, in the resentatives for an up-or-down vote. ourselves to be dragged by those who have year 2018, or 2019, the Medicare Trust So sometime in the next several lost their way into a darkness where the light Fund is going to be bankrupt. months, you are going to hopefully see of human compassion has gone out and the If we look back in 1965 at how health a number of proposals submitted to the predatory survival of the fittest prevails over care was provided and look at how it’s Budget Committee on how to deal with humanity? Or will America embrace her des- provided in 2008, you would see numer- the pending crisis in Medicare. And I tiny to lead the world to cherish and honor the ous differences. We now focus, in Medi- would encourage all Members of this God-given miracle of each human life? care, through the Medicare Advantage body, since we all have Medicare re- cipients in our congressional districts, Mr. Speaker, it has been said that every programs, which 20 percent of our sen- to be a part of some group that tries to baby comes with a message, that God has not iors have chosen, on preventive care. A address this problem. yet despaired of mankind. And I mourn that lot of Medicare spending today is Now, the President’s proposal, again, those 4,000 messages sent to us today will through drug therapy, as opposed to it is not a definitive legislative lan- never be heard. Mr. Speaker, I also have not surgery, things of this sort. guage developed proposal. It’s more of yet despaired. Because tonight maybe some- But the one thing that’s constant has an outline of policy objectives, but the one new, maybe even someone in this Con- been the continuing escalation in cost. policy objectives are pretty straight gress, who hears this sunset memorial will fi- Medicare has averaged double digit in- forward: number one, Medicare bene- nally realize that abortion really does kill little creases in cost the last 10 years, and ficiaries that have higher incomes babies, that it hurts mothers in ways that we it’s expected, by the year 2018, to be would pay slightly more in their pre- can never express, and that 12,825 days over $800 billion. Medicare spending this year of over miums so you would begin to have a spent legally killing nearly 50 million children $400 billion is going to exceed by a fac- graduated means-tested premium in- in America is enough, and that the America tor of 4 the entire Federal budget back crease based on your ability to pay the that rejected human slavery and marched into in 1965, the year that was created. Medicare premium; number two would Europe to arrest the Nazi Holocaust, is still So because of the increase in the pop- be a Medicare liability reform proposal courageous and compassionate enough to ulation, the increase in the complexity, that has been talked about for years. find a better way for mothers and their babies the diversity of health care therapies, That, by itself, would probably save than abortion on demand. several years ago the Congress put into $180 billion over 5 years or so. There So tonight, Mr. Speaker, may we each re- place what’s called the Medicare trig- would be a requirement for more pric- mind ourselves that our own days in this sun- ger. The Medicare trigger says that in ing transparency and more openness, shine of life are also numbered and that all too any year that Medicare spending or so that Medicare beneficiaries could soon each of us will walk from these Cham- Medicare revenues come from 45 per- see what prices they’re paying or are bers for the very last time. cent or more of the general revenue, being paid on their behalf. And also And if it should be that this Congress is al- i.e., the premiums that Medicare bene- there are some proposals, I believe, on lowed to convene on yet another day to come, ficiaries and the cost share that com- quality indexing, quality of reporting may that be the day when we finally hear the panies and Medicare payors pay into so that, again, before the beneficiary cries of the innocent unborn. May that be the the system, when more than 45 percent decides where to have a particular pro- day we find the humanity, the courage, and of the funds going into Medicare come cedure done or which doctor to use, he the will to embrace together our human and from the general U.S. Treasury, the or she might have some data on the our constitutional duty to protect the least of Medicare trustees have to issue to the quality of the health care that’s pro- these, our tiny American brothers and sisters, Congress a report. And if this happens vided by various Medicare providers. from this murderous scourge upon our Nation 2 years in a row, the President of the All in all, the President’s proposal is called abortion on demand. United States has to submit a proposal very modest, but it’s certainly one that It is March 4, 2008—12,825 days since Roe to the Congress on how to bring spend- needs to be seriously considered; and, v. Wade—in the land of free and the home of ing back below the 45 percent trigger. again, the need for doing something on the brave. That happened for the first time last Medicare is something that we need to

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.035 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1211 begin to address as a Congress. The This Congress now should act on this Medicare are on the order of magnitude Medicare trustees have reported that if legislation. According to the Centers of about $7,000 per person per year. And current policies are not changed within for Medicare and Medicaid Service to put that in perspective, that is more the next 11 years, the Medicare trust Health Care Spending, the United than most families pay per person for fund will go bankrupt. What that States will hit $4.3 trillion by year 2017, their food or for their housing. means is if you are 54 years old or nearly double that of 2007, equating to If nothing is done on the current younger, when you retire there will be nearly 20 percent of our gross domestic Medicare program in terms of its poli- no money in the Medicare trust fund to product. In 2007, health care spending cies and the way it’s structured in 11 pay your Medicare benefits which you accounted for 16.3 percent of our gross years, in 2019, the Medicare trust fund are, by law, entitled to at age 65. domestic product. But more of that is going to be bankrupt. As I pointed So this is a problem that we can’t put cost is expected to shift to government out earlier, if you are 54 years young or off for 20 years or 50 years. In my opin- agencies even as the Federal Govern- younger, when you retire, there will be ion, we can’t put it off for any years. ment struggles to shrink our own defi- no Medicare. Now I’m 58. So if I were to Again, we need to begin to address it cits. retire at age 65, in 7 years I would have immediately, we need to address it in Medicare spending alone is expected 3 years of Medicare benefits before the this Congress, and we need to hopefully to grow to $844 billion in year 2017. program went bankrupt. My wife, address it in a bipartisan fashion. That’s up from the $427 billion we spent Terry, who’s younger than me, when I now yield to the distinguished just last year in 2007. So Congress must she retires, she would have no benefits. member of the Energy and Commerce stop talking about Medicare and its po- None of my children would have bene- Committee, the ranking member of the tential insolvency, and we must take fits. None of my grandchildren would Veterans’ Affairs Committee, the gen- action. have benefits. tleman from Indiana (Mr. BUYER). Medicare is the single largest pur- So this is not a program that we can Mr. BUYER. Mr. Speaker, I want to chaser of health care in the United just let go on automatic pilot. We need thank some of my colleagues for their States; and within the next 11 years, to begin to fundamentally and in a fo- vision back in 2003. They recognized the Medicare trust fund could poten- cused way look at the Medicare pro- that Congress does a good job talking tially go bankrupt. Our Nation is at gram as it exists today, not cut people about Medicare and the concerns about risk to lose this important health care off the program, not change it so that the future, but they realize that very program for seniors if we do not reform there are fewer benefits. We need to few are very committed to addressing this program. Future generations will look at Medicare and try to bring our Medicare’s challenges. not have access, and that would be un- We, as a Congress, came together and technology to bear, bring our manage- fortunate. ment processes to bear, all of the inno- worked with President Clinton in the This trigger has forced Congress to 1990s when we did the Balanced Budget vations that have happened in the last be honest with the American people 40 years. Act; and at that time, we even realized about Medicare’s dim future. The fu- that Medicare was growing, the grow- As I pointed out earlier, if we were ture of our Medicare program, as I said, ing senior population was going to be a still making the 1964 Mustang, that is at risk. I ask my colleagues to join tremendous challenge to us; and in 2003 was a great car in 1964, 1965. But it’s with me to change this trend and pro- a small group of Members of Congress, hardly the car that people want to buy tect Medicare for future generations, they put in trigger legislation, and now today. We didn’t have cell phones in and we can only do that by working to- this trigger, as the chairman said, goes 1965. Today, everybody in America has gether. a cell phone. In fact, there are more into effect if the Medicare board of Mr. BARTON of Texas. Mr. Speaker, trustees certifies in two consecutive cell phones than there are hard line I want to recapitulate why we are here years that 45 percent of Medicare phones. If you look at computers, the this evening taking this Special Order. spending will come from general reve- computer in 1965 was a mainframe com- As I pointed out earlier, Medicare is a nues in any of the upcoming 6 years. puter that you had to go to a central Last year, the trustees certified this mandatory program for senior citizens location to use. I would guess that al- Medicare spending level; and again this over age 65. It was established in 1965, most every American citizen has some year, they have certified that the which is 43 years ago. I don’t exactly access to a personal computer today. spending is exorbitant and that the remember in the first year how many So a lot has changed in many fields trigger has now been hit. citizens were covered and how much since 1965. But in Medicare, we have As directed by law, the President had money was expended, but my recollec- the same basic program funded the no choice. He sent legislation to Con- tion is that several million senior citi- same basic way. zens were covered and expenses were in gress to address this spending. We in b 2000 Congress have a responsibility to the the order of a magnitude of 6 or $700 American people to act on the Presi- million. In the last year that we have So we need to look at ways to change dent’s proposal. Unfortunately, last numbers for, 45 million Americans were that program and to bring it into the year my Democrat colleagues tried to covered and the costs were over 400 bil- 21st century. I think some of those remove this trigger so that they can lion. ideas are going to be in the form of pre- continue to put off addressing the Now, it is a good thing that we have ventive medicine, like we have in those unsustainable cost of our Medicare pro- 45 million senior citizens in this coun- seniors, about 20 percent of those 9 mil- gram. Under their CHAMP legislation, try. Those are our grandparents and lion that have chosen a Medicare Ad- they slipped in a provision that would great grandparents and great aunts and vantage plan. There may be some ways have removed this trigger. In effect, it uncles. They are certainly the genera- in terms of sharing costs; as the Presi- would have allowed Congress to con- tion that has been pointed out that dent has suggested, Medicare bene- tinue to ignore Medicare’s growing fought the great wars of World War II ficiaries that are more well-to-do could cost. and Korea and Vietnam. They have pay a higher share of their premium. Even worse, the Democrats decided ushered in an amazing American econ- We have the whole issue of health in- to ignore Medicare’s growing costs; and omy unsurpassed in the history of the formation technology, or health IT. when they do that, frankly it just world in terms of its ability to gen- It’s suspected and predicted that if we shoves these challenges off into the fu- erate wealth and economic prosperity. would bring health information tech- ture and onto the backs of our chil- And they are well deserving of the ben- nology to bear on Medicare, you could dren, and that is something we should efits that we are paying out for Medi- save tens of billions, perhaps more, not be doing. care. each year just by using that tech- Last week, the majority leader and So the problem is not that our senior nology that’s currently in the private the minority leader introduced a bill to citizens don’t deserve the best health sector. move forward with the President’s pro- care in the world, and it is not that we So, there are a number of great ideas, posal to bring Medicare costs back are living healthier and longer. The but because of this Medicare trigger, under the trigger level. That is the re- problem is, quite simply, how do we this year, a certain percent of Mem- sponsible thing to do. pay for it. Average expenditures for bers, I believe it is 70 Members, but a

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.055 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1212 CONGRESSIONAL RECORD — HOUSE March 4, 2008 number on that order of magnitude, if proposal and any other proposals that what Ronald Reagan found during the they have a plan to restructure Medi- 70 Members of the body can put before Cold War. The executive branch, how- care, to reform it, to bring the spend- the Budget Committee. And it does re- ever, seems too insecure to let Con- ing in total below 45 percent of general quire that the House vote on the bill, gress do its job, as the executive revenue, they can submit their plan to or the bills, later this year. branch sees Congress basically, even the chairman of the Budget Com- We need to address it. The Medicare with a Republican-controlled majority, mittee. The chairman of the Budget trustees have pointed out that for 2 as a rival. And they see us as a spoiler Committee will hold hearings to cer- years in a row the spending has exceed- rather than as elected representatives tify that the plan does, in fact, meet ed 45 percent of the general revenues of the American people playing a right- the Medicare trigger recommendations. going into the program, and so it is ful role in establishing policy for our And if it does, my understanding of the time for us to begin to address it. great country. So, unfortunately, we law is that those plans have to be Mr. Speaker, I see no other Members see that in this President of the United brought to the floor; they have to be present. So with that, I would humbly States. voted on by the House of Representa- suggest that everybody begin to think But let me add that I have worked in tives. Now, I’m not clear exactly the about what to do to protect and reform the White House before. I worked in procedure for the rules for bringing Medicare. the White House at a time when Demo- crats controlled both Houses of Con- these proposals to the floor, whether f every proposal is given a vote on the gress. And I have witnessed times when floor or whether there are only certain REPORT ON RESOLUTION PRO- Congress itself, yes, has sought to un- proposals that are certified by the VIDING FOR CONSIDERATION OF dermine foreign policy initiatives of Rules Committee, but my under- H.R. 1424, PAUL WELLSTONE Presidents who are watching out for standing is that all proposals that MENTAL HEALTH AND ADDIC- America’s national security interests meet the budgetary cutoff do get an up TION EQUITY ACT OF 2007 in a tumultuous time. That is not what or down vote on the House floor. Ms. CASTOR (during the Special I’m referring to and will be referring to So, if you’re a member of the major- Order of Mr. BARTON of Texas), from tonight. But I mention this only to ity, of the Democrat Party, and you’ve the Committee on Rules, submitted a note that, yes, while I am condemning got an idea and you can get 70 Members privileged report (Rept. No. 110–538) on our President tonight, I recognize that to support it, your plan can be voted the resolution (H. Res. 1014) providing in the past, many liberal left Demo- on. If a bipartisan group of Members for consideration of the bill (H.R. 1424) crats have been obstructionist in their bring a proposal, that plan can be to amend section 712 of the Employee relationship with the White House as voted on. If the Republican leadership, Retirement Income Security Act of today that I see the White House is being obstructionist to Congress. whom I’m doing this Special Order for, 1974, section 2705 of the Public Health Many congressional Democrats, espe- has a plan, it can be voted on. If the Service Act, and section 9812 of the In- cially those on the far liberal left of President can get 70 Members to sign ternal Revenue Code of 1986 to require the party, fought President Reagan under his plan, it can be voted on. I equity in the provision of mental every step of the way as he maneuvered personally don’t see any problem with health and substance-related disorder to thwart Soviet expansionism during having different plans on the floor. The benefits under group health plans, the waning days of the Cold War. bottom line is to vote on some plan which was referred to the House Cal- Whether it was building a missile de- that begins to restructure and reform endar and ordered to be printed. fense system, which now, I might add, Medicare. Again, not trying to cut peo- f protects us from rogue states such as ple off the program, not trying to tell REPORT ON RESOLUTION PRO- Iran, Korea and China, or whether it our senior citizens we’re going to do VIDING FOR CONSIDERATION OF was supporting resistance movements away with Medicare; what we should be H.R. 2857, GENERATIONS INVIG- against Soviet puppet regimes in Af- telling our senior citizens is that we ORATING VOLUNTEERISM AND ghanistan and Nicaragua, many con- want Medicare to be there not just for EDUCATION (GIVE) ACT gressional Democrats not only voted another 11 years, but we want it to be against the policy, which of course is there for another 50 years, another 60 Ms. CASTOR (during the Special their prerogative, but went far beyond years, not for people that are just now Order of Mr. BARTON of Texas), from that in an attempt to actually under- over 60 and over 70, but for our children the Committee on Rules, submitted a cut and undermine the implementation and our grandchildren. privileged report (Rept. No. 110–539) on of President Reagan’s Cold War strat- This is a program that, again, in 1965, the resolution (H. Res. 1015) providing egy. Liberal left Democrats in the U.S. my recollection is it cost less than $1 for consideration of the bill (H.R. 2857) Congress, for example, visited Nica- billion a year. This past year it cost to reauthorize and reform the national ragua to encourage that Soviet ally re- over $400 billion. And by 2018, it’s going service laws, which was referred to the gime to hold firm against Ronald Rea- to cost over $800 billion. And by 2036, House Calendar and ordered to be gan’s pressure to democratize. it’s going to cost more than the entire printed. Even as the Soviets poured billions of Federal budget today, which is over $2 f dollars of military equipment into trillion. Nicaragua, Congress, at a very crucial So this is not something that we can ADMINISTRATION’S DISREGARD FOR CONGRESSIONAL AUTHORITY moment, restricted aid to the resist- just put on the back shelf and not do ance fighters who were struggling to anything about. It is something that The SPEAKER pro tempore. Under pressure the Sandanistas, to what? To we need to take action on. And again, the Speaker’s announced policy of Jan- have democratic elections. because of the Medicare trigger, we uary 18, 2007, the gentleman from Cali- In order to save Central America have the ability, under expedited rules, fornia (Mr. ROHRABACHER) is recognized from a hostile takeover, Reagan had to to put these proposals to the Budget for 60 minutes. overcome Soviet support for these Committee, the Budget Committee cer- Mr. ROHRABACHER. Mr. Speaker, rogue regimes, like the Sandinistas and tifies its proposal will meet the cost tonight I will discuss some serious ex- different insurgencies that were sup- savings requirement, those plans will amples of how this administration’s ported by Cuba and the Soviet puppets come to the floor and be voted on contemptuous disregard for the author- in Central America, but the President sometime this year before we go home ity delegated to Congress by the Con- also had to overcome congressional un- in October for the elections in Novem- stitution has impacted on how we do dermining of this stand that he had ber. business here in Washington. This bad taken. So, Mr. Speaker, I want to bring to attitude has consistently manifested In the end, of course, Congress, after the attention of the House the Medi- itself in a sophomoric resentment of 1 year of eliminating all aid to the care trigger language and that it does Congress’ constitutional role as an freedom fighters, or he would say the require the President to submit a pro- equal branch of government. ‘‘democratic resistance’’ in Nicaragua, posal. He has done so. It does require Ironically, Congress has proven itself after 1 year, which drew, threw the en- the Budget Committee to meet on that far more willing to cooperate than tire Reagan strategy into a chaotic

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.057 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1213 state, Congress restored U.S. financial Ironically, Congress has proven itself the fact that Terry Nichols and Ramzi aid to the Nicaraguan resistance. All of far more willing to cooperate than Yousef were both in Cebu City, some this was in keeping with the fact that what Ronald Reagan found in the Cold off-the-beaten-track city in the Phil- the liberal left of the Democratic War. The executive branch, however, ippines, and they were there at the Party at that time was trying their seems too insecure to let Congress do same time and they had both com- best not to cooperate with Ronald its job, and it is an executive branch mitted hauntingly similar terrorist at- Reagan but to undermine what he was that sees Congress, even when the Re- tacks, it was no stretch for a congres- trying to do. publicans held the majority, as a rival sional investigative committee to look Finally, after Congress, by the way, and a spoiler rather than as elected into the matter. restored money to the democratic re- representatives of the American peo- However, the Bush administration sistance, the Sandanistas agreed and ple, people who are playing a rightful felt quite differently. To those I had to relented to a democratic election. And role in establishing a policy for our deal with, it was case closed, don’t when it was held, the Sandanistas were great country. bother us, the matter has been looked trounced at the polls and thrown out of Unfortunately, when the President of into, and Congress should simply and power for about 10 or 15 years, which of the United States rejects the legit- blindly accept the conclusions that course must have surprised the liberal imacy of congressional prerogatives, there was no Nichols-Ramzi Yousef left Members of the U.S. Congress who there are serious consequences. To- connection. ‘‘Don’t bother us’’ was the had repeatedly dumped their vitriol on night I will provide examples of how attitude I confronted. This at times President Reagan as if he was sup- this administration, for the past 7 was bureaucratic laziness. At other porting a terrorist group that was try- years, has undercut congressional in- times it was clearly based on a disdain ing to implement a policy in Nicaragua vestigations, had lied to Members of for congressional investigations and that would lead not to democracy but Congress, and has forged ahead with se- authority. to control of their government. During my investigation, I secured Well, don’t let anyone tell you that cret deals in spite of efforts and pleas by Congress to be informed, if not in- Ramzi Yousef’s cell phone records. The bipartisanship won the Cold War. It did cell phone calls he made were docu- not. And from my point of view, and I volved. In the last Congress, I was chairman mented. These were calls that he made saw it very firsthand, there was a lack in New York City, in that area, just of cooperation, an unwillingness to co- of the Oversight and Investigation Sub- committee of the House Foreign Af- months before he bombed the World operate on the part of many liberal left Trade Center. The phone records clear- Members of this body during the Cold fairs Committee. In that capacity, I learned that in the time immediately ly show that Yousef had made at least War. And that’s history. That’s a long two phone calls to a row house in time ago. And it was not a shining mo- leading up to the bombing of the Fed- eral building in Oklahoma City, con- Queens, New York, basically at a time ment for many congressional Demo- leading up to the bombing. Significant crats. And it is certainly not a great victed Oklahoma City bomber and to my inquiry, that row house that example, as many people say, of co- murderer Terry Nichols had been in Yousef, the bomber of the World Trade operation and bipartisanship during Cebu City in the Philippines. His stay Center, was calling was occupied by the the Cold War. in Cebu City coincided with another Reagan’s personal influence, how- visitor, al Qaeda’s terrorist leader cousin of Terry Nichols’ Filipino wife. ever, enabled Congress and the execu- Ramsey Yousef. Well, interestingly, Let me repeat that: the terrorist bomb- tive branch to function even though both Nichols and Yousef used similar er of the first World Trade Center at- there was a certain number of people bombs and methods just 2 years apart tack, the nephew of al Qaeda’s 9/11 here who were intent on obstruc- to blow up two American targets. mastermind, Khalid Sheik Mohammed, tionism. Reagan respected disagree- Yousef was the mastermind of the first made phone calls to the same row ment, even if it was done in such a dis- attack on the World Trade Center in house that was occupied by Terry Nich- ruptive way. He respected the separa- 1993. Fifteen years ago, 1993, the World ols’ cousin-in-law just 2 months before tion and the balance of powers at the Trade Center blew up. That was Ramzi Yousef exploded his bomb in the heart of our Federal Government’s Ramsey Yousef who organized that at- garage of the World Trade Center. structure and consulted often with tack. What another coincidence. Just an- other coincidence. Congress and had very significant b 2015 changes of views with Members of Con- I gave this information to the De- gress, even those liberal leftists who Two years later Terry Nichols was a partment of Justice that had never were trying to obstruct his policy. co-conspirator in the bombing of the been thoroughly investigated, and That same spirit from the top is, unfor- Oklahoma City Federal Building. since that time I have repeatedly tunately, not evident in this adminis- These two individuals, one an Amer- sought their help to investigate this tration. ican, one an Arab, were responsible for matter. Time after time my requests The Cold War is history, yes, but cur- planning two of the most lethal ter- have gone unanswered or flatly denied. rently, radical Islam has declared war rorist attacks in our country’s history. I also asked the Department of Jus- on us. It is a threat that should We are to believe, however, that by co- tice on numerous occasions to help me strengthen our willingness to pull to- incidence they both ended up in an off- investigate the name Samir Khalil. gether and cooperate. Yet, the disdain the-beaten-track city in the southern Now, this name is on the list, Samir and uncooperative nature of this ad- Philippines. Well, one doesn’t have to Khalil, of unindicted co-conspirators in ministration towards Congress, includ- be a conspiracy nut to understand that the 1993 bombing of the World Trade ing Republican Members, is so egre- this coincidence is worth looking into. Center. I found that name. That name gious that I can no longer assume that The perfunctory investigation into was there. A lot of people had over- it is simply bureaucratic incompetence this matter was not comprehensive. looked that name. Why is it impor- or some isolated mistake; rather, I And, yes, there was a small investiga- tant? Because that is also the name of have come to the sad conclusion that tion into this, but it left many ques- an Iraqi man in Oklahoma City who, at this administration is intentionally ob- tions unanswered. So I started a con- the time of the Oklahoma City bomb- structing Congress’ rightful and con- gressional inquiry to look at that in- ing, employed an immigrant who was stitutional duties. vestigation and to look into the issue ID’d by many witnesses as a possible Tonight I will discuss some serious myself. This inquiry was sanctioned by accomplice to the bombing. He was a examples of this administration’s con- Henry Hyde, chairman of the Inter- look-alike. He may have been the per- temptuous disregard for authority that national Relations Committee, and its son. He may have been John Doe II. He was delegated to Congress by the Con- purpose was to see whether Terry Nich- looked like what everybody described stitution. This bad attitude has con- ols or his accomplice Timothy as John Doe II. That man’s employer sistently manifested itself in a sopho- McVeigh had foreign help with their was Samir Khalil, and that same name moric resentment toward Congress’ murderous bombing attack on the Al- happens to be on a list of unindicted constitutional role as an equal branch fred Murrah Federal Building in Okla- co-conspirators for the World Trade of government. homa City in 1995. Again, in light of Center bombing.

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.059 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1214 CONGRESSIONAL RECORD — HOUSE March 4, 2008 Well, let’s look at this for a moment. there are two terrorists. If this happens We can actually, if we look into these Numerous witnesses at the scene of the to be true, and we don’t know it’s not things, lay to rest some conspiracy Oklahoma City bombing and the truck true because the Justice Department theories that have no validity. We can rental company that provided the refuses to investigate and to help in help inform the public. truck for the bombing described an ac- our investigation, that means there are Nevertheless, the Department of Jus- complice they say had accompanied two terrorists out there who may still tice, consistent with its treatment of bomber Tim McVeigh. An FBI sketch be active and, in fact, may have been congressional inquiries mainly during was made, and this unknown suspect active later on in other terrorist ac- the tenure of this President, has dis- was labeled ‘‘John Doe II.’’ You re- tions. missed our request, this valid request. member John Doe II. John Doe I was, That is just a small taste of the de- It has treated the request with what I of course, Timothy McVeigh. These plorable lack of cooperation for a le- can only describe as contempt and con- witnesses described a man who, as I gitimate congressional investigation. descension. The point is, unfortu- say, looked very much like this em- And this, by and large, was a time nately, that this rejectionist attitude ployee of another Arab immigrant, when Republicans controlled the is typical of this administration, not Samir Khalil. House. And it was no fluke, this lack of just for Democrats but for Republicans I have repeatedly asked the Depart- cooperation. I didn’t happen to snag an alike. ment of Justice to tell me if the Samir uncooperative Federal employee. No, So why should this administration Khalil on the unindicted co-conspira- this was the level of noncooperation obstruct congressional inquiries such tors list of the 1993 World Trade Center Congress now has learned to expect. as this? Remember, Ramzi Yousef was bombing is the same Samir Khalil who And, yes, let me acknowledge that the mastermind of several devastating employed this man who was originally Departments and agencies have limited terrorist plots against America. He led identified as John Doe II by a number resources. So maybe they have other the first murderous attacks on the of witnesses. The Justice Department’s uses, better uses, for their time of their World Trade Center in 1993. And after answer: it would be far too burdensome investigators. I understand that. I can fleeing to the Philippines after that ex- for us to try to find out if this is the hear that. I can listen with a sympa- plosion, he and two other terrorists same man. thetic ear. They probably want to use plotted to kill thousands of Americans Further, we asked for help in finding the time of their investigators to fol- by blowing up 12 commercial airliners the Arab immigrant, the John Doe II low up on their own leads and their over the Pacific. This was known as look-alike, who was employed by own cases rather than following up on the Bojinka Plot. It was within 2 weeks Samir Khalil. The guy who may well leads provided by Members of Congress. of being executed when it was discov- have been in the bombing of the Okla- Well, I could buy that excuse except ered and thwarted by the Philippine homa City bombing. We traced this for the fact that there has been a total police. man to Boston, but we had no support lack of cooperation that goes way be- Now, interestingly, the terrorist op- and no cooperation in finding this very yond just not using their resources, eration that we’re talking about, the possible terrorist or at least a terrorist committing scarce resources. Even Bojinka Plot, the blowing up of these suspect. when it costs no time and no resources, airliners, was to take place about the By the way, we now know that this the administration has stonewalled my same time as the Oklahoma City Fed- same man who worked for Samir every effort to look into these so-called eral Building was to be bombed. Per- Khalil, the same guy who looked like ‘‘coincidences.’’ haps it was to be happening on the John Doe II, once he went to Boston, For the past year, for example, I have same day, but we don’t know, of and this has not been proven yet but it repeatedly requested an interview with course, because we’re stonewalled and is possible and it may well be true that imprisoned terrorist Ramzi Yousef. blocked from looking into this. Per- he was working at Boston’s Logan Air- This would have taken no time. It haps we should know if the Bojinka port on 9/11 of 2001, the day that a plane would have required no new resources Plot was originally scheduled to hap- took off from that airport and was hi- to be committed from the executive pen on the same day that the Federal jacked and then crashed into the World branch, or it wouldn’t use the time of building was blown up in Oklahoma Trade Center. I guess another weird co- any Federal employee. This request City. incidence to the Oklahoma City bomb- was well within my committee juris- In fact, when Philippine police ar- ing. diction and didn’t cost the executive rested Ramzi Yousef’s right-hand man If we don’t want conspiracy theories branch any time or effort or money. at the makeshift bomb factory in the to run wild, these types of things And as ranking member of an inves- Philippines, Yousef fled the Philippines should be investigated. Instead, no fol- tigative subcommittee on the House immediately, left the country. But he low-throughs, no interest, case is Foreign Affairs Committee, I certainly wasn’t the only one to flee the country closed, don’t bother us. had the right and, yes, my committee once that bomb-making factory had Both Samir Khalil and his Iraqi em- has the jurisdiction to make such in- been captured by the Philippine police. ployee now reside at this moment in quiries and to look into such issues. The very next morning after it was the United States. And now let’s not This request that I made just to learned that that bomb factory had forget that there were eye-witnesses interview Ramzi Yousef, who is in pris- been broken into and people had been who described an accomplice at Tim on, this request has been supported by arrested there by the Philippine police, McVeigh’s side at the time of the the chairman of the investigative sub- Terry Nichols, who was down in Cebu bombing and when he rented the truck committee on which I serve, that is, City in the southern Philippines, cut that carried the bomb to the Federal the chairman of the investigative sub- short his scheduled visit to the Phil- building there in Oklahoma City. These committee of the Foreign Affairs Com- ippines and took the first available are witnesses who saw somebody, and mittee, Mr. DELAHUNT; the chairman of flight out of the country. This after the FBI after a very short time simply the Judiciary Committee; the chair- just a day or two after he had extended declared John Doe II to be nonexistent. man of the Intelligence Committee. All his passport with the explanation that He never existed, and thus that means of them are backing this request. This he wanted to stay a few more weeks in that no more investigation would be is a bipartisan request that DANA the Philippines. necessary even if a congressional inves- ROHRABACHER, who has been looking tigator comes up with names that seem into this issue, who has an official in- b 2030 to match the Oklahoma City bombing vestigation, who is part of an official Yousef has been a Federal prisoner and a list of unindicted co-conspirators investigative subcommittee, is being for over a decade. He is a prisoner with for the first World Trade Center at- denied a simple request to interview a a unique understanding of al Qaeda ter- tack. No, that is not worthy of inves- Federal prisoner. rorist structure. He is the nephew of tigating even then because that would Such attention by Congress should be Khalid Sheikh Mohammed, the master- be too burdensome. welcomed by the administration. The mind of 9/11. Well, if it is true, of course, and it’s legislative branch should be able to In 2006, when I was chairman of the not being investigated, that means help bring new information to light. Oversight Investigation Subcommittee,

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.060 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1215 2006, I was investigating Yousef’s mo- element of our right of oversight, and pate, and all the requests to this ad- ments and activities not only in the that is to go to Federal prisoners and ministration by our committee were United States, but also in the Phil- to interview them ourselves to try to ignored, except in one instance Chair- ippines. I even traveled to the Phil- find information about what is going man DELAHUNT’s subcommittee was ippines to question the authorities who on in the Federal Government. told by a White House staffer, and this had captured Yousef’s roommate and Again, the attitude in its treatment went to one of the committee staffers coconspirator in the Bojinka plot. In of a legitimate request by a congres- that were looking into this, that the spite of the fact I was looking into sional oversight committee is not an administration was unwilling to par- Yousef’s terrorist activities, and in aberration. It is not nonrepresentative ticipate because, ‘‘There’s nothing to spite of the fact that I had obtained of the way this administration has ex- talk about because we haven’t put pen new information about Yousef’s phone ercised its authority. It is actually rep- to paper.’’ Haven’t put pen to paper on calls and some of the people he was as- resentative of the way they have han- this security agreement. sociating with while he was in the dled themselves. When confronted with the fact that United States prior to the bombing of This request was first made and de- the New York Times had written a the World Trade Center, the first nied when Republicans controlled Con- story saying that a 17-page agreement bombing, the Department of Justice gress, and I was then the chairman of was being passed around, that 17-page, still dismissed this effort, just dis- the Investigative Subcommittee. The and I might say, first draft of the misses it. More than that, they are ob- Congress now has a Democrat major- agreement was being passed around, structing a legitimate congressional ity. In my position as ranking member this same White House staffer back- investigation by refusing to permit of the International Organizations tracked and quibbled. This, Madam this elected Member of Congress, who Human Rights and Oversight Sub- Speaker, is unacceptable. It’s dis- is a ranking member of a congressional committee of the House Foreign Af- honest, and it is typical. investigative committee, to interview fairs Committee, I have seen this time For an update, the stonewalling pre- a Federal prisoner. They refuse access and again. vailed until a few weeks ago when Sec- to Yousef, claiming there is an ‘‘ongo- Our current subcommittee chairman, retary of State Condoleezza Rice, a per- ing investigation’’. I have been told by now that the Democrats have taken son who I dearly admire, testified at a people in the Justice Department, peo- control of the House, is Congressman hearing of the full International Rela- ple who had worked for the Justice De- BILL DELAHUNT from Massachusetts. tions Committee. When asked, she partment in high levels, that this is He read in the paper that our President pledged, now she was asked directly by nothing more than a vehicle, without is negotiating a secret agreement with Chairman DELAHUNT, she pledged that any justification, for turning down any the Iraqi Prime Minister that will gov- in the future, witnesses dealing with requests made by a Member of Con- ern the future relationship of our coun- the Iraqi agreement would be forth- gress. tries. Let me say that again. The chair- coming. The arrogance of this ongoing inves- man of the Oversight Subcommittee of Well, today our subcommittee held tigation answer has to be understood. the House Foreign Affairs Committee another hearing, and at long last, at As I say, I was told by a high level Jus- is getting his information about a long last, the administration sent two tice Department official that this was hugely important bilateral security witnesses, one from the State Depart- just the standard tactic to dismiss a agreement from the newspaper. ment and one from the Defense Depart- Member of Congress, even though there So, Chairman DELAHUNT rightfully ment, to come and talk to us about the was no validity and there was no even decided to conduct a hearing and find ongoing negotiations and the ongoing looking into whether or not there real- out as much as he could about the development of different plans, the sta- ly was an investigation. It was without agreement and invited the administra- tus of forces agreements and such deal- substance; a phrase that is used simply tion to testify before Congress. How did ing with Iraq, agreements that might to turn down Members of Congress and the administration respond? They ig- bind us in some way to future ties with to shut the door on inquiry. nored the request. So the hearing was Iraq, and we had a long and positive Let me note, an ongoing investiga- held with private witnesses. Yes, the discussion. That should have happened tion. They expect us to believe that? public has a right and an obligation to a long time ago. But we had to force This prisoner has been in jail for over fully understand what commitments the administration, after months, after ten years. More likely what we have are being made by our President in our months, to have an open discussion of here is an ongoing coverup. Not an on- name. But the President and this ad- this issue. And it took Condoleezza going investigation, an ongoing cover- ministration did not feel compelled to Rice herself to overcome the bad atti- up. It is outrageous and, unfortunately, come and tell us anything about those tude that was preventing that. So, it is not atypical of this administra- agreements. thus, we have to assume that that bad tion. In a democratic society, policy is attitude was coming from someone By accepting this behavior, or per- made after having open dialog. This ad- higher up than Condoleezza Rice. haps, more accurately, acquiescing to ministration has had to have been Sadly, this administration’s antip- it, we Republicans are permitting this dragged, kicking and screaming, into athy to the constitutional responsibil- administration to set a terrible prece- open dialog because this President was ities of the legislative branch of gov- dent. Doesn’t Congress have the right elected President. George Bush was ernment does not stop and end with the to talk to Federal prisoners? Is that elected President. Perhaps he thinks he efforts of my Subcommittee on Inves- the rules of engagement that we want was elected king. tigations. In October of last year, 22 to lay down and accept for our govern- In another attempt last month, our Members, 22 colleagues and I wrote a ment? That is apparently what the subcommittee held another hearing on letter to the Acting Attorney General Bush administration is trying to estab- this Iraqi security agreement and regarding former National Security lish as the executive branch’s rightful again we invited an administration Advisor Sandy Berger. In 2005, Sandy authority to deny congressional inves- witness to come to the panel, and the Berger pled guilty to mishandling and tigators access to Federal prisoners. response was silent. The subcommittee destruction of classified documents. He What happens when a Democrat held another, a third hearing on the admitted to unlawfully removing and President engages in such stonewalling topic, and again the subcommittee in- subsequently destroying classified doc- and obstructionism of congressional vited a Member of Congress to tell us uments from the National Archives. oversight? My fellow Republicans need what is going on in these negotiations These documents dealt with the failure to take this very seriously. This is an about an agreement, status of forces of our intelligence agencies during the issue that goes way beyond Repub- agreement, and other agreements, with Clinton administration to prevent the licans and Democrats. This is a matter the government of Iraq, which may or horrendous attacks of 9/11. of the legitimate congressional over- may not commit us to future military As part of his plea deal, Mr. Berger sight authority and whether or not we involvement in that country. Even our agreed to take a lie detector test, are going to permit this administration full committee chairman wrote letters which was to be given by the Depart- to basically undermine an important asking the administration to partici- ment of Justice. This would verify

VerDate Aug 31 2005 02:09 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.062 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1216 CONGRESSIONAL RECORD — HOUSE March 4, 2008 what documents had been stolen by Mr. By the way, one of the responses I re- misled as to exactly what it was the Berger. We are still waiting, Madam ceived, obviously looking into this, all administration was agreeing to con- Speaker, for that lie detector test to be of them, not just one but all of them cerning Social Security benefits for administered. We need to know what were basically, one was an old letter, a Mexican nationals who are working il- documents this man took from the Ar- copy of an old letter that had been sent legally in the United States. chives. It is important for us to know to another Congressman. This bad atti- This issue is of the utmost concern to who is responsible for 9/11, what mis- tude that I am detailing is pervasive. my constituents, who are suffering takes were being made, and what is The handling of a proposed total- from the uncontrolled flood of illegals being kept from the American people. ization agreement with Mexico is yet pouring into our country. In California, As a senior member of the House For- another example of the type of bad at- our schools, our health care system, eign Affairs Committee, I was and still titude and secrecy of this administra- our criminal justice system all are at am rightfully concerned that this lie tion. The totalization agreements with the breaking point. All we need is to detector test has not been given and we Mexico have to be looked at very close- attract millions more illegals into our haven’t verified what documents have ly. Totalization agreements in and of country by giving them access to our been stolen. themselves can serve a useful function. Social Security system. Well, on October 10, I and, as I said, Large corporations in both the United I have in fact proposed legislation to 22 of my colleagues sent a letter to the States and elsewhere, in Europe, for ex- ensure that no work done while some- DOJ, the Department of Justice. We re- ample, assign personnel to work over- one is in this country illegally should ceived a letter back on October 22. It seas, and during these years when count toward a Social Security benefit. acknowledged the DOJ’s receipt of our these employees are overseas, they are That is not what President Bush be- inquiry, and it was signed with an il- double taxed. They pay both Social Se- lieves, however. In the totalization legible signature so we weren’t able to curity and the equivalent tax in their agreement negotiations, the Bush ad- find out who the heck was answering native countries. ministration agreed that illegal aliens us. And we were given a tracking num- So allowing the Social Security Ad- from Mexico will be eligible for the ber so we could track further cor- ministration and foreign agencies to same treatment under Social Security respondence. give credit to one another towards as U.S. citizens, without ever becoming Well, in spite of the fact that we were their retirement systems makes sense a legal resident or citizen of our coun- treated with this insulting computer- when it involves a limited number of try. generated response, as well as a track- persons working legally and tempo- It took a long, drawn-out battle in ing number, what we have here is an rarily in another country. the form of a Freedom of Information official inquiry by 23 Members of Con- lawsuit to get the details of this agree- 2045 gress, and we had hoped that in time b ment from this administration. Again, our request would at least be answered So the concept is not itself alarming. another example of secrecy, of deceit. by a responsible party at Justice. Well, However, this is not the case with ille- Again, the administration was we got our wish. On January 24, 2008, 94 gal immigrants. stonewalling and concealing informa- days later, we received a response, a We have 20 million people living and tion from the American people and dismissive short letter that explained working illegally in the United States, from Congress, information Congress that the Department of Justice saw no with Mexicans by far making up the and the American people had a right to reason to polygraph test Sandy Berger. largest chunk of this illegal immigrant know. No reason whatsoever. population. This is not a limited num- Please remember, the danger from Madam Speaker, I have been a Mem- ber of Swedes or Japanese executives this agreement has not passed. While ber of Congress now for over 19 years, who will work here for several years due to public outrage it has been put and I have never seen such a pattern of and then go home. We are talking on the back burner, our President at blatant disregard and outright disdain about millions and millions of people any time can still submit this agree- for Members of Congress. If Sandy who can make or break our Social Se- ment to Congress, and he just might do Berger is not to be polygraphed to curity system if this issue is not han- it, just to show us who is boss. verify what documents he stole from dled responsibly. Now, what I am describing is a pat- the Archives, we need to know why Knowing the volatility of both the tern of arrogance and contempt that is such verification is not being done. We Social Security and illegal immigra- especially true not just with Social Se- don’t need to be dismissed with short tion issues, the totalization negotia- curity, but with the broader issues re- letters and form letters. Twenty-three tions with Mexico have been kept lated to illegal immigration and with Members of Congress made a request, a strictly under wraps. Remember, these issues dealing with Mexico. The tragic legitimate request, and this adminis- negotiations started in 2002. That is case of wrongly imprisoned Border Pa- tration thumbed its nose at these when Republicans controlled Congress. trol agents Ignacio Ramos and Jose Members of Congress, and thus was One would think that a Republican ad- Compean exemplifies the worst aspects thumbing its nose at congressional ministration would at the very least of this attitude and this problem, and oversight and our congressional prerog- advise Congress, perhaps a status re- it will forever leave a black mark on atives as elected representatives of the port, concerning such significant diplo- this administration. people. This administration wouldn’t matic efforts as the totalization nego- President Bush has himself made de- even give a respectable answer to a tiations with Mexico. Well, Congress cisions that directly led to this ongo- rightful inquiry of Members of Con- did not know the details about this ne- ing travesty, which sees these two Bor- gress. gotiation until it hit the press. der Patrol agents languishing in soli- Of course, on the other hand, the Now, I just detailed for you a few mo- tary confinement. They could have President thinks he has a right to ments ago how the President of the been sent to a minimum security pris- make demands on us. In his State of United States and this administration on, but the decision was made at the the Union address, Mr. Bush demanded is keeping things from this Congress, highest levels, no, that would mean that Members of Congress must act on tried its very best not to send wit- they would be treated differently than certain issues, we must do as he wish- nesses to help discuss a grievance that other prisoners. es, we must pass legislation that is is being made with the Government of Of course, they are law enforcement necessary. Yes, we must do things; yet, Iraq. Well, that is not new. What I am officers. At a medium security prison, when 23 Members of Congress, most of telling you now is that it also mani- their lives are in danger, but they are his own party, write to his Justice De- fested that very same lack of openness not permitted, and this was made prob- partment a serious letter of inquiry and secretiveness in these talks with ably in the White House, they couldn’t about a national security issue or we Mexico over a totalization agreement. go to a minimum security prison. They make a request to see a Federal pris- And it wasn’t just secrecy. Worse, the would have to it stay in a medium se- oner, we get a computer-generated let- press releases about the negotiations curity prison. One of them was at- ter, or just a disdainful, contemptuous that were going on were misleading, tacked, as was very predictable, and turndown. and it appears that Congress was being beaten half to death, and now they

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He has men with perfect records, whose crime and Compean were totally at the dis- backed them up even when they have was they discharged their weapon at a cretion of the prosecutors. crossed the line of both legality and fleeing suspect who they had inter- What were the grounds for charging propriety. Let me repeat that. Presi- dicted while trying to put $1 million these men with crimes like attempted dent Bush has backed up his prosecu- worth of drugs in this country, and murder? Here is a drug dealer that they tors even when they have crossed the they didn’t report it right, which had just been in a physical altercation line of legality and propriety. should have meant a reprimand, in- with who was escaping the scene of a When Congressmen POE, CULBERSON stead, the book was thrown at them. crime, and they are charged with at- and MCCAUL in their official briefing And not only was the book thrown at tempted murder for discharging their asked why the most serious charges them, once they were in prison, the ad- weapons at this fleeing suspect? that could be leveled at the Border Pa- ministration decided they would not be Assault with a deadly weapon, the trol agents were initiated by the pros- able to go to minimum security prison, unlawful discharge of a firearm during ecutors and why the prosecutors took which has led directly to the fact that a crime of violence and a civil rights the word of the drug smuggler that he they are languishing in solitary con- violation. These charges have put had no weapon, and by the way, the finement and have been in solitary con- Ramos and Compean in prison for a Border Patrol agents said that they finement almost a year. This is a dis- minimum of 11 years. These were the thought he had a weapon, of course, the grace. It is a horrendous, horrendous charges that were made, and the jury drug smuggler, who got away, claimed he didn’t have a weapon, the prosecu- disgrace. was not permitted to hear all of the In this clearly questionable case, evidence, and they were convicted. tors took the word of the drug smug- President Bush deliberately dug in his But what they were charged with was gler. This was asked: Why would the pros- heels to protect his good friend and totally at the discretion of the prosecu- ecutors take the word of the drug young prote´ge´, prosecutor U.S. Attor- tion. Did this fit the crime? Two men smuggler over the word of two law en- ney Johnny Sutton. Rather than enter- with a perfect record, two men who had forcement officers? The Department of tain the probability that a tangible in- an unblemished record. One of them, Homeland Security officials who were justice was in progress and to instruct one of them, Officer Compean, it might briefing the Congressmen said and pro- the Justice Department and the De- have been Officer Ramos, but was up to claimed that this was a legitimate and be Border Patrol Agent of the Month. partment of Homeland Security to co- righteous prosecution. These were, ac- He was nominated for that the month operate so that Congress could get to cording to the Department of Home- that this incident took place. the bottom of this nightmare, this land Security briefers, rogue cops. Re- President has thumbed his nose at con- They had nothing on their record that showed any misuse of firearms. member, Ramos and Compean, clean gressional concerns and initiated a pol- records, and they are called rogue cops. Yet they did not report the incident icy of obstruction and denial in our ef- In fact Johnny Sutton later went out correctly. They had wounded a fleeing forts to get to the bottom of the Ramos and charged that they were corrupt suspect, although they didn’t know and Compean case. cops. And as soon as he was, of course, they had wounded him. And who was Let’s note here that Members of Con- brought to task, they said what corrup- the suspect? He was someone who they gress have pleaded with President Bush tion were they charged with, he had to had who was a drug dealer, an illegal personally on this issue. We in the backtrack on that, after he had already alien drug dealer who was smuggling $1 House even voted to take money for tried to smear these two guys in pub- million worth of drugs into our coun- Ramos and Compean’s imprisonment lic. out of the DOJ budget. Not only will try and was now escaping the scene of Yes, they were labeled as rogue cops. President Bush not entertain the possi- his crime after assaulting a police offi- And the Congressmen being briefed bility that an injustice is being done, cer who had intercepted him. This, were told that these guys had actually his administration has obstructed con- again, was not someone who was out confessed. Ramos and Compean con- gressional inquiries and lied, let me re- having a picnic; not some person they fessed that they knew the drug smug- peat that, has lied to Congress on this discharged their weapons and shot who gler was unarmed and that the agents matter. was an illegal alien just trying to cross didn’t feel threatened. Since the Ramos and Compean case the border. This was a drug dealer who Now, tell me, does that make sense? was brought to my attention in Sep- was trying to bring $1 million worth of The agents are just going to say, Oh tember of 2006, I have written over a drugs into the country. And although yeah, we shot at him, but we knew he dozen letters to this administration re- these laws were never intended by Con- didn’t even have a gun and we didn’t questing various documents regarding gress to be applied to law enforcement even feel threatened. Is that what the the harsh, harsh prosecution of Ramos officers, who have to carry a gun and Department of Homeland Security was and Compean. I have been joined by have to make split-second decisions, telling these three Members of Con- several Members of Congress in this ef- the gun law mandatory prison sentence gress, all three of whom had been pros- fort, in fact, many Members of Con- was applied to these police officers, ecutors or judges? gress. In fact, a majority of Members of these law enforcement officers. Of course, the biggest lie of all came Congress have expressed themselves in So, remember, we send a message not out at this point when the Department the Ramos and Compean case, expect- only to all the Border Patrol agents, of Homeland Security briefers insisted ing that this travesty would not be per- but to law enforcement all around the that Ramos and Compean had told mitted to go on. country, that if in the middle of an al- their fellow officers the day of the inci- Some of the Members who are most tercation they discharge their weapon dent that they wanted to go out and active have been Congressmen POE, because they think their life is in dan- shoot a Mexican. That charge raised CULBERSON and MCCAUL. These three ger, they may end up in prison, maybe eyebrows. Certainly, how could anyone Members from Texas, in fact they are even in solitary confinement. believe that? Ignacio Ramos and Jose all former lawyers, prosecutors or Again, this is a travesty. The pros- Compean are themselves Mexican judges themselves, attended a briefing ecutors knew that charging law en- Americans, married to Mexican Amer- about the Ramos and Compean pros- forcement officers in situations like ican wives with Mexican American ecution conducted by the Department this was not the intent of Congress, but children. Sure, they just wanted to go of Homeland Security Inspector Gen- they threw the book at the agents any- out and intentionally shoot some Mexi- eral’s Office on September 26, 2006. way. The charges made against Ramos cans. Sure they did. This is what Mem- At that briefing, serious questions and Compean, again, they require a 10- bers of Congress were told at an official were raised by these Members about year mandatory imprisonment. Filing briefing.

VerDate Aug 31 2005 03:31 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.064 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1218 CONGRESSIONAL RECORD — HOUSE March 4, 2008 b 2100 felt compelled to expose one of the men public and under oath about actions and poli- It takes a lot of chutzpa to give that who had a family altercation a few cies of the Administration. It’s a travesty. kind of lie to Members of Congress. years before that had nothing to do How bad is it? In preparation for the Ramos Asking for proof, the three Congress- with his job; yet Mr. Sutton had to ex- and Compean hearing, we made request after men being briefed were told the pose that family altercation of one of request, countless phone calls and even a charges were documented in the re- these, Ramos and Compean, to the pub- FOIA lawsuit by the watchdog group, Judicial ports of the investigative officers. The lic. Watch, and the Administration still refused to Department of Homeland Security Well, Ramos and Compean is a case release copies of the border crossing cards promised to provide these reports as that stank from day one, and that issued to the drug smuggler in this case, proof that Ramos and Compean actu- stench is coming straight from the claiming the smuggler is protected under the ally intended to go out that day and White House. The President, instead of ‘‘Privacy Act.’’ I was instructed by the Justice kill a Mexican. looking into this matter, has dug in his Department to obtain a privacy waiver in order The proof, of course, never came. The heels, permitting his appointees to for that information to be released. A privacy Congressmen kept asking. The calls slander these two agents. waiver from an illegal alien criminal? This ab- weren’t returned. It is called I would suggest that what we see in surd contention is just another example of a stonewalling. The DHS stonewalled for Ramos and Compean and the other condescending and dismissive attitude. Such 5 months. issues that I brought up tonight dem- obstructionism, however, is the rule, not the Members asked for copies of the com- onstrate a pattern that is unaccept- exception with this Administration. pleted report of investigation, which able. The American people should un- By the way, due only to a bureaucratic fluke should have backed up these alleged derstand the attitude that is going on we finally obtained those border crossing facts that were being told to the Mem- here in Washington. We should look cards. Our repeated requests for documents were taken so nonchalantly that I actually re- bers of Congress during their Sep- closely, and we should demand a higher ceived an official response letter from the De- tember 26 briefing. Months passed, and standard from this administration. partment of Justice, dated March 16, 2007, nothing from the Department of Home- Even worse, the President has personally addressed to ‘‘Congresswoman ROHR- land Security. After several letters and made decisions that have resulted in these ABACHER.’’ That was just one of several insult- two agents languishing in solitary confinement. public pressure, the Department of ing form letters sent in response to Member Homeland Security finally releases a Again, to say this is a mean-spirited vindictive letters regarding the Ramos and Compean redacted version of the official report prosecutor is to put it mildly. Importantly, case. in February 2007. Surprise, surprise, President Bush is backing this malicious and Plea after plea from Members of Congress, the alleged confessions by Ramos and unjustified prosecution to the hilt. for the President to intervene on behalf of Compean were not to be found. The This case demonstrates why hearings are Ramos and Compean by either pardoning or documentation for the charge that an integral part of the checks and balances commuting their sentences, have been ig- they had brazenly proclaimed their in- system. It is in this venue that the Executive nored. Last year, I personally reached out to tent to kill a Mexican was not there. Branch is held accountable for their actions, the President to take the pressure and con- How could this be? under oath. It was only when an Administra- frontation out of this issue. I suggested that The Department of Homeland Secu- tion official was under oath that the lies about the President direct the Justice Department to rity officials had assured Members that Ramos and Compean were admitted. But this request that Ramos and Compean be per- it was a solid prosecution and they Administration has decided to thumb its nose mitted to remain free on bond, pending their were guilty, that they wanted to shoot at that obligation to make its case under oath appeal. Even common criminals get that kind a Mexican. But these were flat out lies at a public hearing. of leeway. What was the response? A White told to Members of Congress. Chairman WILLIAM DELAHUNT graciously ap- House press release was issued the next day, During a DHS Subcommittee hearing proved my request to hold hearings on the proclaiming that the Administration opposed on February 6, 2007, DHS Inspector Ramos and Compean case. In doing so, an letting Ramos and Compean out pending ap- General Richard Skinner was ques- official Subcommittee investigation into the peal and that no special consideration would tioned by Congressman CULBERSON case in preparation for the hearing was au- be granted to anyone, much less these two about this issue. Under oath, Mr. Skin- thorized. border patrol agents, sounds righteous—a po- ner acknowledged the information During the course of this investigation, the sition of not making any exceptions. Except, of given to the Texas Congressman was in resistance from the Departments of Justice, course, for the fact that a short time later, fact false, but smugly justified this Homeland Security and State was consistent White House aide Scooter Libby, had his sen- blatant and willful lying by calling it with the arrogance and obfuscation that flows tence commuted by the President in a heart- ‘‘a mischaracterization, unfortunately through this Administration from the top down. beat. For the record, I believe it was proper to repeated at the briefing.’’ No, Mr. Our hearing had to be postponed for months commute Scooter Libby’s sentence. He got a Skinner, it wasn’t a because of the Administration’s refusal to pro- raw deal. Unfortunately, this incident suggests mischaracterization. It was a lie, no vide requested documents or to send the nec- that only the members of the President’s matter how colorful the euphemism. essary witnesses to testify before the Sub- clique gets such consideration. Of course, in Ollie North was prosecuted for far less committee, citing the Committee did not have the meantime, the President has pardoned or an egregious act. Ollie had given some proper jurisdiction. Therefore, U.S. Attorney commuted the sentences of dozens of con- misinformation to congressional staff- Johnny Sutton, DHS Inspector General Rich- victed criminals, including drug dealers. ers who were not even part of an offi- ard Skinner or any of his investigators refused It is truly with a heavy heart Mr. Speaker, cial briefing to Congress. to appear. That decision was, clearly, made in that I stand here reciting example after exam- To this day, absolutely nothing has the White House. ple of the maliciousness and condescending been done about this crime, the crime Our government provided a flawed immunity attitude exhibited by this Administration. It is a of lying to Congress. Administration agreement, free health care, and unconditional problem flowing from the top. officials deliberately misled Members border crossing cards to an illegal alien crimi- When I hear my friends on the other side of of Congress in order to discourage nal in exchange for testimony that sent border the aisle accusing this Administration of them from pursuing the Ramos and patrol agents Ramos and Compean to prison. stonewalling, of cover-ups, or of thwarting in- Compean case, and no one has been Our government kept secrets from the jury vestigations, I sadly must concur with them. held accountable for it. that the drug dealer intercepted by Ramos and This White House exemplifies needless hos- U.S. Attorney Johnny Sutton himself Compean had hauled another shipment of tility, turf jealousy and obstructionism. The was publicly labeling these two brave drugs across our border, this, while on a gov- American people should know it, and should men who risked their lives for us as ernment issued border cross pass. Clearly, know that this charge comes not from a par- corrupt. Johnny Sutton lives behind a this is well within the jurisdiction of an over- tisan Democrat, but from a lifetime conserv- gated community. Johnny Sutton, who sight committee responsible for overseeing re- ative Republican. has no track record of experience and lations with other countries, including Mexico, f service to his country as these two men including international drug smuggling. Clearly, who put their lives on the line for us the public has a right to know about these LEAVE OF ABSENCE every day, yet Sutton dishonestly things. This Administration apparently believes By unanimous consent, leave of ab- claimed them to be corrupt. He also there is no obligation to answer questions in sence was granted to:

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04MR7.066 H04MRPT1 wwoods2 on PRODPC68 with HOUSE March 4, 2008 CONGRESSIONAL RECORD — HOUSE H1219 Mr. TANNER (at the request of Mr. EXECUTIVE COMMUNICATIONS, 801(a)(1)(A); to the Committee on Natural HOYER) for today. ETC. Resources. Mr. ORTIZ (at the request of Mr. 5612. A letter from the Program Manager, Under clause 8 of rule XII, executive Department of Health and Human Services, HOYER) for today on account of busi- communications were taken from the transmitting the Department’s final rule — ness in the district. Speaker’s table and referred as follows: Chafee National Youth in Transition Data- Ms. JACKSON-LEE of Texas (at the re- 5602. A letter from the Chief, Policy Divi- base (RIN: 0970-AC21) received February 26, quest of Mr. HOYER) for today. sion, PSHSB, Federal Communications Com- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. CONYERS (at the request of Mr. mission, transmitting the Commission’s Committee on Ways and Means. HOYER) for today. final rule — In the Matter of Wireless E911 5613. A letter from the Chief, Publications Ms. WOOLSEY (at the request of Mr. Location Accuracy Requirements Revision of and Regulations, Internal Revenue Service, HOYER) for today and the balance of the Commission’s Rules to Ensure Compat- transmitting the Service’s final rule — 26 the week on account of medical rea- ibility with Enhanced 911 Emergency Calling CFR 1.1361: Special Rule for Bank Required to Change from the Reserve Method of Ac- sons. Systems Association of Public-Safety Com- munications Officials-International, Inc. Re- counting on Becoming an S Corporation Ms. EDDIE BERNICE JOHNSON of Texas quest for Declaratory Ruling 911 Require- (Rev. Proc. 2008-18) received February 26, (at the request of Mr. HOYER) for today ments for IP-Enabled Service Providers [PS 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the and the balance of the week on account Docket No. 07-114 CC Docket No. 94-102 WC Committee on Ways and Means. of constituent obligations. Docket No. 05-196] received February 5, 2008, f Ms. GINNY BROWN-WAITE of Florida pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (at the request of Mr. BOEHNER) for mittee on Energy and Commerce. REPORTS OF COMMITTEES ON today and the balance of the week on 5603. A letter from the Chairman, Council PUBLIC BILLS AND RESOLUTIONS account of a family medical emer- of the District of Columbia, transmitting a Under clause 2 of rule XIII, reports of gency. copy of D.C. ACT 17-292, ‘‘Commission on committees were delivered to the Clerk Fashion Arts and Events Establishment Act Mr. SESSIONS (at the request of Mr. of 2008,’’ pursuant to D.C. Code section 1- for printing and reference to the proper BOEHNER) for today on account of offi- 233(c)(1); to the Committee on Oversight and calendar, as follows: cial business. Government Reform. Mr. DINGELL: Committee on Energy and Mr. KELLER of Florida (at the request 5604. A letter from the Chairman, Council Commerce. H.R. 1424. A bill to amend section of Mr. BOEHNER) for today and the bal- of the District of Columbia, transmitting a 712 of the Employee Retirement Income Se- ance of the week on account of the copy of D.C. ACT 17-313, ‘‘Emergency Medical curity Act of 1974, section 2705 of the Public birth of his daughter, Kate Elizabeth Services Improvement Amendment Act of Health Service Act, and section 9812 of the Keller, born on March 3, 2008. 2008,’’ pursuant to D.C. Code section 1- Internal Revenue Code of 1986 to require eq- 233(c)(1); to the Committee on Oversight and uity in the provision of mental health and Mr. GINGREY (at the request of Mr. Government Reform. substance-related disorder benefits under BOEHNER) for today on account of flight 5605. A letter from the Chairman, Council group health plans; with an amendment delays due to inclement weather. of the District of Columbia, transmitting a (Rept. 110–374 Pt. 3). Referred to the Com- copy of D.C. ACT 17-312, ‘‘Evictions with Dig- mittee of the Whole House on the State of f nity Amendment Act of 2008,’’ pursuant to the Union. D.C. Code section 1-233(c)(1); to the Com- Mr. BERMAN: Committee on Foreign Af- SPECIAL ORDERS GRANTED mittee on Oversight and Government Re- fairs. H.R. 1084. A bill to amend the Foreign By unanimous consent, permission to form. Assistance Act of 1961, the State Department address the House, following the legis- 5606. A letter from the Chairman, Council Basic Authorities Act of 1956, and the For- lative program and any special orders of the District of Columbia, transmitting a eign Service Act of 1980 to build operational copy of D.C. ACT 17-293, ‘‘Park East Assist- readiness in civilian agencies, and for other heretofore entered, was granted to: ance Act of 2008,’’ pursuant to D.C. Code sec- purposes; with an amendment (Rept. 110–537). (The following Members (at the re- tion 1-233(c)(1); to the Committee on Over- Referred to the Committee of the Whole quest of Ms. KAPTUR) to revise and ex- sight and Government Reform. House on the State of the Union. tend their remarks and include extra- 5607. A letter from the Chairman, Council Ms. CASTOR: Committee on Rules. House neous material:) of the District of Columbia, transmitting a Resolution 1014. Resolution providing for Mr. DEFAZIO, for 5 minutes, today. copy of D.C. ACT 17-294, ‘‘Choice in Drug consideration of the bill (H.R. 1424) to amend Ms. KAPTUR, for 5 minutes, today. Treatment Temporary Amendment Act of section 712 of the Employee Retirement In- 2008,’’ pursuant to D.C. Code section 1- come Security Act of 1974, section 2705 of the Mr. MAHONEY of Florida, for 5 min- 233(c)(1); to the Committee on Oversight and Public Health Service Act, and section 9812 utes, today. Government Reform. of the Internal Revenue Code of 1986 to re- (The following Members (at the re- 5608. A letter from the Chairman, Council quire equity in the provision of mental quest of Mr. JONES of North Carolina) of the District of Columbia, transmitting a health and substance-related disorder bene- to revise and extend their remarks and copy of D.C. ACT 17-310, ‘‘New Convention fits under group health plans (Rept. 110–538). include extraneous material:) Center Hotel Omnibus Financing and Devel- Referred to the House Calendar. Mr. POE, for 5 minutes, March 10 and opment Amendment Act of 2008,’’ pursuant Ms. MATSUI: Committee on Rules. House 11. to D.C. Code section 1-233(c)(1); to the Com- Resolution 1015. Resolution providing for mittee on Oversight and Government Re- consideration of the bill (H.R. 2857) to reau- Mr. FRANKS of Arizona, for 5 minutes, form. thorize and reform the national service laws March 6 and 10. 5609. A letter from the Chairman, Council (Rept. 110–539). Referred to the House Cal- Mr. BURTON of Indiana, for 5 minutes, of the District of Columbia, transmitting a endar. today, March 5 and 6. copy of D.C. ACT 17-295, ‘‘Burned Fire Fight- f Mr. TIAHRT, for 5 minutes, today. er Relief Temporary Amendment Act of Mr. JONES of North Carolina, for 5 2008,’’ pursuant to D.C. Code section 1- PUBLIC BILLS AND RESOLUTIONS minutes, today, March 5, 6, 10 and 11. 233(c)(1); to the Committee on Oversight and Under clause 2 of rule XII, public Government Reform. Mr. GARRETT of New Jersey, for 5 bills and resolutions were introduced minutes, March 6. 5610. A letter from the Chairman, Council of the District of Columbia, transmitting a and severally referred, as follows: Mr. MORAN of Kansas, for 5 minutes, copy of D.C. ACT 17-311, ‘‘Uniform Anatom- By Mr. GEORGE MILLER of California March 5. ical Gift Revision Act of 2008,’’ pursuant to (for himself and Mr. BARROW): Mr. BURGESS, for 5 minutes, March 6. D.C. Code section 1-233(c)(1); to the Com- H.R. 5522. A bill to require the Secretary of mittee on Oversight and Government Re- Labor to issue interim and final occupa- f form. tional safety and health standards regarding 5611. A letter from the Deputy Assistant worker exposure to combustible dust, and for ADJOURNMENT Administrator For Regulatory Programs, other purposes; to the Committee on Edu- Mr. ROHRABACHER. Madam Speak- NMFS, National Oceanic and Atmospheric cation and Labor. er, I move that the House do now ad- Administration, transmitting the Adminis- By Mr. MCDERMOTT: journ. tration’s final rule — Fisheries of the Carib- H.R. 5523. A bill to amend the Internal Rev- bean, Gulf of Mexico, and South Atlantic; enue Code of 1986 to regulate and tax Inter- The motion was agreed to; accord- Reef Fish Fishery and Shrimp Fishery of the net gambling; to the Committee on Ways and ingly (at 9 o’clock and 4 minutes p.m.), Gulf of Mexico; Amendment 27/14 [Docket Means. the House adjourned until tomorrow, No. 0612243157-7799-07] (RIN: 0648-AT87) re- By Mr. YARMUTH (for himself, Mrs. Wednesday, March 5, 2008, at 10 a.m. ceived February 14, 2008, pursuant to 5 U.S.C. BIGGERT, Mr. GRIJALVA, Mr.

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HINOJOSA, Mr. COHEN, Ms. BERKLEY, Congressional papers should be properly Mr. FORTENBERRY, Mr. BOEHNER, Mr. Mr. CHANDLER, Ms. ROYBAL-ALLARD, maintained and encouraging Members to CHABOT, Mrs. CAPITO, Mr. KING of Mr. HOLT, Ms. SCHAKOWSKY, Ms. take all necessary measures to manage and Iowa, Mr. MILLER of Florida, Mr. BORDALLO, and Mr. DAVIS of Illinois): preserve these papers; to the Committee on HALL of Texas, Mr. SOUDER, Mr. H.R. 5524. A bill to amend the Runaway House Administration. PENCE, Mr. PRICE of Georgia, and Mr. and Homeless Youth Act to authorize appro- By Ms. NORTON (for herself, Mr. BACHUS): priations, and for other purposes; to the GRAVES, Mr. HOYER, Mr. CUMMINGS, H. Res. 1016. A resolution expressing the Committee on Education and Labor. Mr. VAN HOLLEN, Mr. WYNN, Mr. TOM condolences of the House of Representatives By Mr. FILNER: DAVIS of Virginia, Mr. MORAN of Vir- on the death of William F. Buckley, Jr; to H.R. 5525. A bill to amend the Small Busi- ginia, and Mr. WOLF): the Committee on Oversight and Govern- ness Act to improve the National Veterans H. Con. Res. 308. Concurrent resolution au- ment Reform. Business Development Corporation; to the thorizing the use of the Capitol Grounds for By Mrs. GILLIBRAND (for herself and Committee on Small Business. the National Peace Officers’ Memorial Serv- ˜ Mr. MCCAUL of Texas): By Mr. FORTUNO (for himself and Mr. ice; to the Committee on Transportation and H. Res. 1017. A resolution expressing sup- SERRANO): Infrastructure. port for designation of the week before H.R. 5526. A bill to direct the Secretary of By Ms. NORTON (for herself, Mr. Thanksgiving as ‘‘Global Entrepreneurship Veterans Affairs to establish the Task Force GRAVES, Mr. HOYER, Mr. CUMMINGS, Week’’ to inspire young people everywhere to on Medical Facility Improvements in Puerto Mr. VAN HOLLEN, Mr. WYNN, Mr. TOM embrace innovation, imagination, and cre- Rico, and for other purposes; to the Com- DAVIS of Virginia, Mr. MORAN of Vir- ativity and to train the next generation of mittee on Veterans’ Affairs. ginia, and Mr. WOLF): entrepreneurial leaders; to the Committee By Mr. HINCHEY (for himself, Mr. H. Con. Res. 309. Concurrent resolution au- on Oversight and Government Reform. HALL of New York, Mr. SESTAK, and thorizing the use of the Capitol Grounds for By Mr. HILL (for himself, Mr. WAMP, Mrs. GILLIBRAND): the District of Columbia Special Olympics Mr. BOYD of Florida, Mr. MOORE of H.R. 5527. A bill to amend the Safe Drink- Law Enforcement Torch Run; to the Com- Kansas, Mr. MATHESON, Mr. DON- ing Water Act to protect the health of sus- mittee on Transportation and Infrastruc- NELLY, Mr. MELANCON, Mr. MAHONEY ceptible populations, including pregnant ture. of Florida, Mr. SULLIVAN, Mr. KING- women, infants, and children, by requiring a By Ms. MOORE of Wisconsin (for her- STON, Mr. ROGERS of Kentucky, Mr. health advisory, drinking water standard, self, Ms. BALDWIN, Mr. BISHOP of SMITH of New Jersey, and Mr. and reference concentration for trichloro- Georgia, Ms. BORDALLO, Ms. CORRINE GOODE): ethylene vapor intrusion, and for other pur- BROWN of Florida, Mr. BUTTERFIELD, H. Res. 1018. A resolution amending the poses; to the Committee on Energy and Com- Mrs. CAPPS, Mr. CLAY, Mr. CLYBURN, Rules of the House of Representatives to es- merce. Mr. COHEN, Mr. COURTNEY, Mr. CROW- tablish the House Ethics Commission; to the By Mr. LYNCH (for himself, Mr. MAR- LEY, Mr. DAVIS of Illinois, Ms. Committee on Rules. KEY, Mr. FRANK of Massachusetts, DELAURO, Mr. ELLISON, Mr. FARR, By Ms. LEE (for herself, Mr. Mr. NEAL of Massachusetts, Mr. Mr. FATTAH, Mr. FILNER, Mr. AL MCDERMOTT, Mr. FRANK of Massachu- OLVER, Mr. DELAHUNT, Mr. MCGOV- GREEN of Texas, Mr. GRIJALVA, Mr. setts, Mr. HINCHEY, Ms. WOOLSEY, and ERN, Mr. TIERNEY, Mr. CAPUANO, and HARE, Mr. HINCHEY, Ms. HIRONO, Mr. Mr. GRIJALVA): Ms. TSONGAS): KAGEN, Ms. KILPATRICK, Mr. KIND, H.R. 5528. A bill to designate the facility of H. Res. 1019. A resolution expressing the Ms. LEE, Mr. LEWIS of Georgia, Mrs. the United States Postal Service located at sense of the House of Representatives that MALONEY of New York, Mr. 120 Commercial Street in Brockton, Massa- the current economic slowdown in the MCDERMOTT, Mr. MCGOVERN, Mr. chusetts, as the ‘‘Rocky Marciano Post Of- United States is directly related to the enor- MEEKS of New York, Mr. MICHAUD, fice Building’’; to the Committee on Over- mous costs of the ongoing occupation of Mr. MOORE of Kansas, Mr. OBEY, Mr. sight and Government Reform. Iraq, consigning the United States to what RUPPERSBERGER, Mr. SALAZAR, Ms. By Mr. MARKEY (for himself, Mr. can only be called the Iraq recession, and for HERSETH SANDLIN, Mr. SCOTT of Vir- SMITH of New Jersey, Mr. DELAHUNT, other purposes; to the Committee on Armed ginia, Mr. SERRANO, Mr. SIRES, Ms. Mr. DOGGETT, Mr. HONDA, Mr. Services. SUTTON, Mr. TOWNS, and Mr. WU): BLUMENAUER, Mr. HALL of New York, H. Res. 1013. A resolution expressing the By Mr. WELCH of Vermont (for him- Mr. TERRY, Mr. HINCHEY, Mr. LEWIS sense of Congress that providing breakfast in self, Mr. HIGGINS, Mr. TIAHRT, and of Georgia, Mr. VAN HOLLEN, Mr. schools through the National School Break- Mr. WALBERG): BOSWELL, Ms. SHEA-PORTER, and Mr. fast Program has a positive impact on class- H. Res. 1020. A resolution recognizing the HODES): room performance; to the Committee on tremendous service that members of the H.R. 5529. A bill to direct the President to Education and Labor. Armed Forces have given to the Nation, es- seek to establish an international renewable By Mr. FEENEY (for himself, Mr. pecially those who have been wounded in energy agency to expand the availability and ROSKAM, Mr. YOUNG of Alaska, Mr. combat; to the Committee on Armed Serv- generating capacity of renewable energy to TANCREDO, Mr. WALBERG, Mr. DREIER, ices. markets around the world in order to in- Mr. ROHRABACHER, Mr. MCHENRY, Mr. By Ms. WOOLSEY (for herself, Mr. crease economic opportunity, drive techno- RADANOVICH, Mr. BARTLETT of Mary- RUSH, Mrs. CAPPS, Mrs. MALONEY of logical innovation, enhance regional and land, Mr. LAMBORN, Mr. ENGLISH of New York, Ms. LORETTA SANCHEZ of global security, raise living standards, and Pennsylvania, Mr. TIAHRT, Mr. DUN- California, Ms. NORTON, Ms. EDDIE reduce global warming pollution; to the CAN, Mr. HERGER, Mr. DAVIS of Ken- BERNICE JOHNSON of Texas, Ms. CAS- Committee on Foreign Affairs. tucky, Mr. AKIN, Mr. GOHMERT, Mr. TOR, Ms. BALDWIN, Ms. HOOLEY, Mrs. By Mr. PALLONE (for himself, Mr. FIL- SMITH of Texas, Mr. KING of New JONES of Ohio, Ms. KILPATRICK, Mrs. NER, Mr. HONDA, and Mr. GRIJALVA): DAVIS of California, Ms. DELAURO, H.R. 5530. A bill to ensure the coordination York, Mr. SENSENBRENNER, Mr. SALI, Mr. REYNOLDS, Ms. FOXX, Mr. Ms. MCCOLLUM of Minnesota, Ms. ZOE and integration of Indian tribes in the Na- LOFGREN of California, Ms. SUTTON, tional Homeland Security strategy and to es- WELLER, Mr. BARRETT of South Caro- lina, Mrs. BACHMANN, Mrs. MYRICK, Ms. MOORE of Wisconsin, Ms. HIRONO, tablish an Office of Tribal Government Mr. SCHIFF, Mrs. MCCARTHY of New Homeland Security within the Department Mr. HASTINGS of Washington, Mr. York, Ms. BERKLEY, Ms. MATSUI, Ms. of Homeland Security, and for other pur- GARRETT of New Jersey, Mr. HUNTER, SCHAKOWSKY, Ms. HARMAN, Mrs. poses; to the Committee on Natural Re- Mr. BARTON of Texas, Mr. COLE of NAPOLITANO, Mr. LEWIS of Georgia, sources, and in addition to the Committee on Oklahoma, Mr. ROYCE, Mr. DOO- Ms. LINDA T. SA´ NCHEZ of California, Homeland Security, for a period to be subse- LITTLE, Mr. BROUN of Georgia, Mr. Mrs. MCMORRIS RODGERS, Ms. quently determined by the Speaker, in each MORAN of Kansas, Mr. KLINE of Min- HERSETH SANDLIN, Ms. LEE, Ms. WA- case for consideration of such provisions as nesota, Mr. SAM JOHNSON of Texas, TERS, Mr. PETERSON of Minnesota, fall within the jurisdiction of the committee Mr. SHAYS, Mr. JONES of North Caro- Mr. SERRANO, and Mr. TOWNS): concerned. lina, Mr. WILSON of South Carolina, H. Res. 1021. A resolution supporting the By Mr. WAXMAN (for himself, Mr. Ms. FALLIN, Mr. SESSIONS, Mr. goals, ideals, and history of National Wom- CANTOR, Mr. LATOURETTE, and Mr. GINGREY, Mrs. SCHMIDT, Ms. PRYCE of en’s History Month; to the Committee on CANNON): Ohio, Mr. CANNON, Mrs. EMERSON, Mr. H. Con. Res. 306. Concurrent resolution per- HENSARLING, Mr. CARTER, Mr. POE, Oversight and Government Reform. mitting the use of the Rotunda of the Cap- Mr. RYAN of Wisconsin, Mr. ROGERS f itol for a ceremony as part of the commemo- of Michigan, Mr. MACK, Mr. CAMP- ration of the days of remembrance of victims BELL of California, Mr. ISSA, Mr. ADDITIONAL SPONSORS of the Holocaust; to the Committee on House FRANKS of Arizona, Mr. PETRI, Mr. Under clause 7 of rule XII, sponsors BURGESS, Mr. FOSSELLA, Mr. PUTNAM, Administration. were added to public bills and resolu- By Mr. BRADY of Pennsylvania: Mr. SHIMKUS, Mr. BRADY of Texas, H. Con. Res. 307. Concurrent resolution ex- Mr. LUCAS, Mr. WOLF, Mr. MCCAUL of tions as follows: pressing the sense of Congress that Members’ Texas, Mr. CULBERSON, Mr. BLUNT, H.R. 193: Mr. LAMPSON.

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H.R. 351: Ms. CORRINE BROWN of Florida. H.R. 2380: Mr. ROSS. H.R. 5036: Mrs. LOWEY. H.R. 371: Ms. SCHAKOWSKY. H.R. 2514: Mr. BISHOP of New York and Mr. H.R. 5057: Mr. PATRICK MURPHY of Pennsyl- H.R. 402: Mr. FEENEY. ENGLISH of Pennsylvania. vania, Mr. SCHIFF, Mr. ABERCROMBIE, and Mr. H.R. 462: Mr. TIM MURPHY of Pennsylvania. H.R. 2652: Mr. WITTMAN of Virginia. NADLER. H.R. 552: Mr. SIRES, Mr. WOLF, Mr. MAR- H.R. 2702: Mr. DEFAZIO, Mr. JONES of North H.R. 5087: Mr. DONNELLY. KEY, Ms. HIRONO, Mr. HALL of New York, Mr. Carolina, Mrs. CAPPS, Mr. GORDON, Ms. H.R. 5109: Mr. ALEXANDER and Mr. LEWIS of PAYNE, and Mr. ANDREWS. ESHOO, and Mr. FRANK of Massachusetts. Kentucky. H.R. 661: Mr. LIPINSKI. H.R. 2790: Mr. SESTAK. H.R. 5110: Mr. ISRAEL, Mr. CARNAHAN, and H.R. 688: Mr. SESSIONS, Mr. BUTTERFIELD, H.R. 2805: Mr. PAUL, Mr. GONZALEZ, Mr. Mr. SERRANO. Mr. SIRES, Mr. WALZ of Minnesota, Mr. LATHAM, Mr. WALBERG, Mr. JEFFERSON, Mr. H.R. 5124: Mr. HALL of Texas. CHABOT, Mr. AL GREEN of Texas, Mr. WAMP, ABERCROMBIE, Mr. BISHOP of Utah, Mr. H.R. 5143: Mrs. LOWEY, Mr. CLAY, Mr. and Mr. DUNCAN. LATOURETTE, Mrs. BOYDA of Kansas, Mr. MITCHELL, Ms. JACKSON-LEE of Texas, Mr. H.R. 706: Mr. FALEOMAVAEGA, Mr. GON- GENE GREEN of Texas, Mr. BRALEY of Iowa, SESTAK, Mr. CONYERS, and Ms. SUTTON. ZALEZ, Mr. HINOJOSA, Mr. MCDERMOTT, Mr. Mr. CAPUANO, and Mr. INSLEE. H.R. 5148: Mr. UPTON, Mr. FORTENBERRY, GRIJALVA, and Mr. GENE GREEN of Texas. H.R. 2894: Mr. GRIJALVA, Ms. SOLIS, and Mr. Mrs. NAPOLITANO, Mr. HENSARLING, and Mr. H.R. 724: Mr. FEENEY. DONNELLY. BOSWELL. H.R. 725: Mr. LAMBORN. H.R. 2915: Mr. SHAYS and Ms. WATSON. H.R. 5152: Mr. NADLER. H.R. 734: Mr. LIPINSKI. H.R. 2925: Mr. ROSS. H.R. 5161: Mr. COSTELLO. H.R. 748: Ms. SCHWARTZ. H.R. 2994: Ms. SHEA-PORTER. H.R. 5171: Mr. MORAN of Virginia. H.R. 876: Mr. UDALL of Colorado. H.R. 3151: Mr. HELLER. H.R. 5173: Ms. SCHAKOWSKY, Mr. SERRANO, H.R. 943: Mr. JOHNSON of Illinois. H.R. 3309: Mr. RUPPERSBERGER. Mr. COHEN, Mr. YARMUTH, and Mrs. BOYDA of H.R. 992: Mrs. LOWEY. H.R. 3334: Mrs. WILSON of New Mexico. Kansas. H.R. 1014: Mr. CUELLAR, Mr. MCINTYRE, and H.R. 3366: Ms. DEGETTE. H.R. 5175: Mr. CANNON. Mr. HALL of Texas. H.R. 3452: Ms. CORRINE BROWN of Florida. H.R. 5222: Mr. JONES of North Carolina, Mr. H.R. 1032: Mr. GENE GREEN of Texas, Ms. H.R. 3457: Mr. STARK. CAMP of Michigan, and Mr. GALLEGLY. FALLIN, Mr. ELLISON, and Ms. HARMAN. H.R. 3463: Mr. GILCHREST. H.R. 5235: Mr. MCCARTHY of California, H.R. 1043: Mr. DOYLE. H.R. 3533: Mr. YARMUTH and Mr. MCCOTTER. Mrs. MYRICK, and Ms. GINNY BROWN-WAITE of H.R. 1078: Mrs. WILSON of New Mexico. H.R. 3547: Ms. SLAUGHTER. Florida. H.R. 1095: Mr. SOUDER. H.R. 3646: Mr. DAVID DAVIS of Tennessee H.R. 5244: Mr. STARK, Mr. HARE, Ms. H.R. 1108: Mr. BILBRAY. and Mr. CANNON. SLAUGHTER, and Mr. CAPUANO. H.R. 1110: Mr. ELLISON. H.R. 3681: Mr. BROWN of South Carolina. H.R. 5265: Mr. HODES, Mr. WOLF, Mr. H.R. 1148: Ms. DEGETTE. H.R. 3697: Mr. TIM MURPHY of Pennsyl- LOBIONDO, and Mr. Wittman of Virginia. H.R. 1188: Mr. SMITH of New Jersey, Mrs. vania. H.R. 5315: Mr. AL GREEN of Texas and Mr. MALONEY of New York, Mr. ETHERIDGE, and H.R. 3717: Mr. BRALEY of Iowa. RODRIGUEZ. Mr. BOOZMAN. H.R. 3724: Mr. ENGLISH of Pennsylvania. H.R. 5395: Mr. HULSHOF, Mr. ROTHMAN, Mr. H.R. 1198: Mr. MCGOVERN and Mr. REY- H.R. 3797: Mr. VAN HOLLEN and Ms. MOORE GRIJALVA, Mr. JEFFERSON, Mr. WYNN, Mr. NOLDS. of Wisconsin. HASTINGS of Florida, Mr. BUTTERFIELD, Mr. H.R. 1222: Mr. BLUMENAUER and Mr. H.R. 3799: Mr. ELLISON. CLYBURN, and Mr. JOHNSON of Georgia. MCKEON. H.R. 3819: Mr. MCINTYRE and Ms. FOXX. H.R. 5401: Mr. GRIJALVA, Mr. BLUMENAUER, H.R. 1228: Mr. PICKERING, Mr. MAHONEY of H.R. 3820: Mr. UPTON. and Mr. HONDA. Florida, Mr. CARNAHAN, Mrs. DAVIS of Cali- H.R. 3825: Mr. JOHNSON of Georgia, Mr. FIL- H.R. 5428: Mr. FILNER. fornia, Mr. BRALEY of Iowa, Mr. COURTNEY, NER, Mr. DAVIS of Illinois, and Ms. GRANGER. H.R. 5443: Mr. WILSON of South Carolina, Mr. PERLMUTTER, Mr. KAGEN, Ms. MOORE of H.R. 3846: Mr. ROTHMAN and Mr. BISHOP of Mr. ENGEL, and Ms. BORDALLO. Wisconsin, Mr. EMANUEL, Mr. YARMUTH, Mr. New York. H.R. 5447: Mr. JOHNSON of Georgia, Ms. SNYDER, Mr. ELLISON, and Mr. LARSON of H.R. 3981: Mr. GILCHREST, Ms. DEGETTE, NORTON, Mr. ENGLISH of Pennsylvania, Mr. Connecticut. Mrs. LOWEY, Mr. MCDERMOTT, Ms. SUTTON, PASTOR, and Ms. WOOLSEY. H.R. 1237: Mr. BRADY of Pennsylvania, Mr. Mr. MCGOVERN, and Mr. PICKERING. H.R. 5461: Ms. DELAURO, Mr. SERRANO, and MCINTYRE, Mr. WELCH of Vermont, Mr. SHAD- H.R. 3995: Mr. STARK and Ms. WASSERMAN Mr. GENE GREEN of Texas. EGG, Mr. BUCHANAN, and Mrs. CHRISTENSEN. SCHULTZ. H.R. 5464: Mr. CONYERS and Mr. MORAN of H.R. 1256: Mr. TOM DAVIS of Virginia and H.R. 4001: Mr. LAMPSON, Mr. RUPPERS- Virginia. Mr. FILNER. BERGER, and Mr. TAYLOR. H.R. 5466: Mr. GEORGE MILLER of Cali- H.R. 1304: Ms. FOXX. H.R. 4008: Mr. VISCLOSKY and Mr. BOOZMAN. fornia, Mr. VAN HOLLEN, Mr. COOPER, and Ms. H.R. 1363: Mr. CARNEY, Mr. YARMUTH, and H.R. 4022: Mr. MCDERMOTT. WOOLSEY. Mr. GUTIERREZ. H.R. 4061: Mr. SCOTT of Georgia, Mr. HODES, H.R. 5475: Mr. SKELTON, Mr. ENGEL, and Ms. H.R. 1418: Mr. EMANUEL. and Mr. BUCHANAN. WASSERMAN SCHULTZ. H.R. 1424: Mr. SMITH of Texas. H.R. 4063: Ms. MATSUI, Mr. BUTTERFIELD, H.R. 5481: Mr. WILSON of South Carolina H.R. 1436: Mr. ROTHMAN. Ms. DEGETTE, and Ms. SCHAKOWSKY. and Mr. BISHOP of Georgia. H.R. 1439: Mrs. BONO MACK. H.R. 4089: Ms. WOOLSEY, Mr. MICHAUD, and H.R. 5505: Mr. SHIMKUS, Mr. DAVIS of Illi- H.R. 1514: Ms. WASSERMAN SCHULTZ. Mr. WALZ of Minnesota. nois, and Mr. CLAY. H.R. 1524: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4105: Ms. GIFFORDS. H.R. 5513: Mr. ROGERS of Michigan. fornia. H.R. 4106: Mr. CLAY, Mr. LYNCH, and Mr. H.J. Res. 68: Mr. DAVIS of Illinois. H.R. 1554: Mr. CARNEY. MORAN of Virginia. H. Con. Res. 75: Mr. MURPHY of Con- H.R. 1576: Mr. RODRIGUEZ and Mr. THORN- H.R. 4107: Ms. WASSERMAN SCHULTZ. necticut, Mr. LEWIS of Georgia, and Mr. BERRY. H.R. 4139: Mr. BERRY and Mr. MICHAUD. TOWNS. H.R. 1596: Mr. WITTMAN of Virginia. H.R. 4172: Mr. DONNELLY. H. Con. Res. 223: Mr. Issa and Mr. GOOD- H.R. 1621: Mr. TIM MURPHY of Pennsyl- H.R. 4236: Ms. DELAURO, Mr. ALTMIRE, and LATTE. vania. Ms. BALDWIN. H. Con. Res. 255: Mr. SHERMAN. H.R. 1653: Mr. KENNEDY. H.R. 4237: Mr. MCDERMOTT and Mr. MURPHY H. Con. Res. 276: Mr. VAN HOLLEN and Mr. H.R. 1767: Mr. SHUSTER, Ms. GINNY BROWN- of Connecticut. BAIRD. WAITE of Florida, and Mr. HILL. H.R. 4266: Mr. SKELTON. H. Con. Res. 292: Mr. RYAN of Ohio, Ms. WA- H.R. 1783: Mr. LEWIS of Georgia and Mrs. H.R. 4279: Mr. COBLE. TERS, and Mr. DREIER. NAPOLITANO. H.R. 4296: Mr. BRADY of Pennsylvania and H. Con. Res. 295: Mrs. DRAKE, Mr. H.R. 1818: Mr. BROWN of South Carolina. Mr. SMITH of Washington. CULBERSON, and Mr. LATTA. H.R. 1820: Ms. ZOE LOFGREN of California, H.R. 4304: Mr. WESTMORELAND. H. Con. Res. 302: Mr. BILBRAY and Mr. Mr. ELLISON, and Ms. SCHAKOWSKY. H.R. 4318: Mr. CAMP of Michigan. ALTMIRE. H.R. 1841: Mrs. CAPPS. H.R. 4335: Ms. SHEA-PORTER. H. Res. 185: Mr. MORAN of Virginia. H.R. 1850: Mr. HASTINGS of Florida. H.R. 4355: Mr. MCHUGH, Mr. SESSIONS, and H. Res. 276: Mr. JONES of North Carolina. H.R. 1884: Mr. SESTAK and Ms. VELA´ ZQUEZ. Mr. DOOLITTLE. H. Res. 543: Mr. BRADY of Pennsylvania, H.R. 1921: Mr. STARK. H.R. 4829: Mr. HINOJOSA. and Mr. WILSON of Ohio. H.R. 2053: Mrs. WILSON of New Mexico and H.R. 4837: Mr. ENGLISH of Pennsylvania. H. Res. 679: Mr. ENGLISH of Pennsylvania. Mr. PASCRELL. H.R. 4847: Mr. PAYNE, Mr. SCOTT of Vir- H. Res. 821: Mrs. MYRICK. H.R. 2122: Mr. COURTNEY. ginia, Mrs. EMERSON, Mr. WU, and Ms. Rich- H. Res. 845: Ms. BORDALLO. H.R. 2165: Mr. TOWNS, Mr. PASTOR, and Mr. ardson. H. Res. 896: Mr. CLAY, Ms. JACKSON-LEE of FRANK of Massachusetts. H.R. 4926: Mr. GENE GREEN of Texas, Mrs. Texas, Mrs. NAPOLITANO, Mr. PASTOR, Mr. H.R. 2183: Mr. BILIRAKIS. LOWEY, and Mr. ISSA. ORTIZ, Mr. AL GREEN of Texas, and Mr. H.R. 2238: Mr. SERRANO. H.R. 4934: Ms. ZOE LOFGREN of California HINOJOSA. H.R. 2325: Mr. SPACE. and Mr. BLUMENAUER. H. Res. 911: Mr. CARNAHAN, Mr. PATRICK H.R. 2370: Mr. KILDEE and Mr. AKIN. H.R. 4995: Mr. SALI. MURPHY of Pennsylvania, and Mr. COURTNEY.

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.040 H04MRPT1 wwoods2 on PRODPC68 with HOUSE H1222 CONGRESSIONAL RECORD — HOUSE March 4, 2008 H. Res. 924: Ms. CASTOR, Mr. ALTMIRE, Mr. H. Res. 953: Mr. INGLIS of South Carolina CONGRESSIONAL EARMARKS, LIM- MITCHELL, Mr. COURTNEY, Mr. KLEIN of Flor- and Mr. BOOZMAN. ITED TAX BENEFITS, OR LIM- ida, Mr. WALZ of Minnesota, Mr. HILL, Mr. H. Res. 962: Ms. WOOLSEY, Ms. LEE, and Ms. ITED TARIFF BENEFITS KIND, Mr. CLAY, and Mr. BOUSTANY. SOLIS. H. Res. 935: Mr. HINCHEY. H. Res. 973: Mr. KENNEDY, Ms. CASTOR, and Under clause 9 of rule XXI, lists or H. Res. 936: Mr. HINCHEY. Ms. SCHAKOWSKY. H. Res. 945: Mr. MCCOTTER. H. Res. 977: Ms. SHEA-PORTER. statements on congressional earmarks, H. Res. 951: Mr. PATRICK MURPHY of Penn- H. Res. 981: Mr. BUTTERFIELD, Mr. BILBRAY, limited tax benefits, or limited tariff sylvania, Mr. TOM DAVIS of Virginia, Mr. Mr. GORDON, Mr. MACK, Mr. MARKEY, Mr. benefits were submitted as follows: RYAN of Wisconsin, Mr. BILIRAKIS, Mr. GONZALEZ, Mr. ALLEN, Mr. BOUCHER, Mr. BISHOP of New York, Mr. BARRETT of South RUPPERSBERGER, Mr. SNYDER, Mr. CROWLEY, The amendment to be offered by Rep- Carolina, Mr. ALTMIRE, Mrs. TAUSCHER, Mrs. Mr. WOLF, and Mr. BOOZMAN. resentative Carolyn McCarthy, or a designee, DRAKE, Mr. THOMPSON of California, Mr. H. Res. 988: Mr. DONNELLY, Mr. ELLSWORTH, to H.R. 2857, the Generations Invigorating GONZALEZ, Mr. CUELLAR, Mr. YARMUTH, Mr. Mr. CHANDLER, Mr. MELANCON, Mr. ORTIZ, Volunteerism and Education (GIVE) Act of BURGESS, Mr. BOREN, Mr. GRIJALVA, Mr. Mr. DUNCAN, and Mr. WAXMAN. 2007, does not contain any congressional ear- FORTENBERRY, Mr. SALAZAR, Mr. DOYLE, Mr. H. Res. 991: Mr. BISHOP of New York, Mr. marks, limited tax benefits, or limited tariff BOSWELL, Mrs. LOWEY, Mr. DONNELLY, Mr. KING of New York, Mrs. MCCARTHY of New benefits as defined in clause 9(d), 9(e), or 9(f) LUCAS, Mr. DAVIS of Alabama, Mr. HERGER, York, Mr. ACKERMAN, Mr. CROWLEY, Mr. Mr. ENGLISH of Pennsylvania, Mr. SARBANES, TOWNS, Mrs. MALONEY of New York, Mr. of Rule XXI. Mr. FILNER, Mr. JACKSON of Illinois, Mr. ENGEL, Mrs. GILLIBRAND Mr. MCNULTY, Mr. HILL, Mr. BLUMENAUER, Mrs. DAVIS of Cali- HINCHEY, Mr. WALSH of New York, Mr. HIG- f fornia, Mr. UDALL of New Mexico, Ms. PRYCE GINS, Mr. KUHL of New York, Mr. WEINER, of Ohio, Ms. DEGETTE, Mr. AKIN, Mr. HAYES, and Mr. HALL of New York. Mr. BROWN of South Carolina, Mr. ALLEN, H. Res. 992: Mr. BISHOP of Georgia, Mr. PETITIONS, ETC. Mr. SCOTT of Georgia, Mr. RAMSTAD, Mrs. TOWNS, Mr. RYAN of Ohio, Mr. ROTHMAN, Ms. Under clause 3 of rule XII, SCHMIDT, Mr. VAN HOLLEN, Mrs. BACHMANN, GIFFORDS, Mr. HINCHEY, Ms. NORTON, Mr. Mr. RYAN of Ohio, Ms. HERSETH Sandlin, Mr. DAVIS of Illinois, and Ms. BORDALLO. 219. The SPEAKER presented a petition of SMITH of New Jersey, Mr. HULSHof, Mr. PUT- H. Res. 1007: Ms. BORDALLO. the City of Fruitland Park, Florida, relative NAM, Mr. PERLMUTTER, Mr. LATTA, Mr. H. Res. 1008: Mr. BERMAN, Mr. ENGEL, Mr. to a letter informing the Congress of the HUNTER, Mr. ADERHOLT, Mr. POMEROY, Ms. BURTON of Indiana, Mr. WAXMAN, Mr. United States that the City of Fruitland TSONGAS, Mr. COSTA, Mr. BUCHANAN, Mr. MCCOTTER, Mr. HASTINGS of Florida, Mr. Park did not receive any requests for social MCCARTHY of California, Mr. MILLER of MCGOVERN, and Mr. PENCE. North Carolina, and Mr. MCNERNEY. H. Res. 1011: Mr. JEFFERSON and Mr. security numbers for calendar year 2007; H. Res. 952: Mr. WEINER and Mr. JONES of CAPUANO. which was referred to the Committee on North Carolina. H. Res. 1012: Mr. BLUNT. Ways and Means.

VerDate Aug 31 2005 03:31 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A04MR7.048 H04MRPT1 wwoods2 on PRODPC68 with HOUSE 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, MARCH 4, 2008 No. 36 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- transaction of morning business for 60 called to order by the Honorable JON ator from the State of Montana, to perform minutes, with Senators permitted to TESTER, a Senator from the State of the duties of the Chair. speak therein for up to 10 minutes Montana. ROBERT C. BYRD, each, with the time equally divided and President pro tempore. controlled by the two leaders or their PRAYER Mr. TESTER thereupon assumed the designees, with the majority control- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. ling the first half of the time and the fered the following prayer: f Republicans controlling the final half. Let us pray. RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- Father of all, we pray today for our LEADER pore. The Senator from Washington. Senators. You said in Your Word that The ACTING PRESIDENT pro tem- f we should pray for those who govern so pore. The majority leader is recog- that we may live quiet and peaceable BOEING LOSES nized. lives in all Godliness and honesty. So Mrs. MURRAY. Mr. President, last we ask You to walk beside our law- f Friday I stood on the floor of the 767 makers. Give them wisdom and knowl- SCHEDULE line with workers in Everett, WA, who edge. May discretion be their shield, Mr. REID. Mr. President, following have put their hearts and their souls delivering them from the evil path. Di- my remarks and those of the Repub- into making Boeing airplanes. I was rect their decisions and infuse them lican Leader, the Senate will be in a there as those workers learned that with the spirit of knowledge and dis- period of morning business for up to 1 after 50 years—five decades—the Air cernment. Deliver them from all hour, with Senators permitted to speak Force no longer wants them to build littleness of heart, shallowness of for up to 10 minutes each and the time its refueling tankers. I saw the dismay mind, and smugness of spirit that controlled between the two leaders or in their eyes when they learned their would keep them from embracing Your their designees. Following morning Government is going to outsource one purposes. Draw them into deeper business, the Senate will proceed to the of the largest defense contracts in his- friendship with You and each other. consideration of S. 2663, the bill to re- tory to the French company Airbus. It We pray in the Name of Him who form the Consumer Product Safety was devastating news for Boeing, for gives us life eternal. Amen. Commission. The Senate will stand in American workers, and for America’s f recess from 12:30 until 2:15 p.m. to men and women in uniform. Today, those workers are frustrated, PLEDGE OF ALLEGIANCE allow for the weekly caucus lunches. We are going to do everything within and they are angry, not only because The Honorable JON TESTER led the our power to finish the CPSC bill this the tanker contract would mean 44,000 Pledge of Allegiance, as follows: week. Everyone should understand that new American jobs in 40 States, includ- I pledge allegiance to the Flag of the we have to complete the bill this week ing 9,000 in my home State of Wash- United States of America, and to the Repub- because next week we have to be on the ington; they are frustrated and angry lic for which it stands, one nation under God, because their Government let them indivisible, with liberty and justice for all. budget. So I would hope everyone un- derstands that if we finish this bill at down. They are frustrated and angry f a decent hour on Thursday, we will be because their Government wants to APPOINTMENT OF ACTING out Thursday; otherwise, we are going take American tax dollars, their tax PRESIDENT PRO TEMPORE to have to work until we complete it, dollars, and give that money to a for- eign company to build planes for our The PRESIDING OFFICER. The whatever that takes. military. clerk will please read a communication f I am frustrated and angry, too, be- to the Senate from the President pro RESERVATION OF LEADER TIME cause I cannot think of a worse time tempore (Mr. BYRD). for a worse decision. Our economy is The assistant legislative clerk read The ACTING PRESIDENT pro tem- hurting. We are nearing a recession, if the following letter: pore. Under the previous order, the leadership time is reserved. we are not already there. Families are U.S. SENATE, struggling just to get by, in part be- PRESIDENT PRO TEMPORE, f cause their factory jobs have been Washington, DC, March 4, 2008. MORNING BUSINESS To the Senate: moved overseas. Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- This tanker contract was not just of the Standing Rules of the Senate, I hereby pore. There will now be a period for the one defense contract, it was a key piece

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

S1487

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VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.000 S04MRPT1 smartinez on PRODPC61 with SENATE S1488 CONGRESSIONAL RECORD — SENATE March 4, 2008 of our national and economic security. Boeing has 75 years of experience de- ting not just Airbus UK, but also many other The Boeing 767 tanker would have signing planes for our Air Force. UK suppliers. helped stabilize and strengthen the Boeing’s tanker has been a reliable The German Government’s coordi- American aerospace industry. We are part of the U.S. military fleet for so nator for the aerospace industry said hemorrhaging manufacturing jobs to long that we have squadron pilots over the weekend: foreign countries already, so I cannot whose fathers and even grandfathers It is a massive breakthrough for the Euro- imagine why, at a time like this, our have flown them. Boeing could have pean aerospace industry on the key Amer- Government would decide to take 44,000 started building these tankers imme- ican market. American jobs, good jobs, and give diately. They are not talking about jobs that them to the Europeans instead of se- In Everett, the machinists call might be created in the United States, curing the American economy and our Airbus’s tanker a ‘‘paper airplane.’’ they are talking about jobs that are military while we are at war. We are Why? Because Airbus’s tanker only ex- being created—and lots of them—in the creating a European economic stimulus ists on a sheet of paper. Now, although European Union. For decades, we have plan at the expense of U.S. workers. Airbus has taken contracts for tankers, been talking about this, and now here I have a lot of tough questions I hope it has not yet actually delivered a sin- we are. I will get answers to soon because gle refueling tanker, ever. Yet our Air What does France’s Prime Minister there seems to be some real disconnect Force just picked that plane—that say? He said of the victory over the here. For one, how can we, while we are ‘‘paper airplane’’—to serve one of mili- weekend: at war across the globe, justify putting tary’s most critical functions. It testifies to the competitiveness of our a contract that involves military secu- Finally, I do not understand why the industry and does honor to France and Eu- rity into the hands of a foreign govern- Air Force did not take jobs into consid- rope. ment? Outsourcing a key piece of our eration when it awarded this contract. They are not celebrating this as an American military capabilities to any Yet that is what they said on Friday. American victory, they are celebrating foreign company is a national security The Air Force said simply that it as a victory for France and Europe. risk. Airbus’s tanker will be an American Europe has provided subsidies for dec- Airbus and its parent company, plane with an American flag on it. ades to prop up this company, Airbus, EADS, have already given us reason to Well, you know what, you can put an and EADS-Airbus is a European jobs worry about how hard they will work American sticker on a plane and call it program that has created an uneven to protect our security interests. American, but that does not make it playing field and led to tens of thou- In 2005, EADS was caught trying to American-made, especially if it was sands of layoffs here in the United sell military helicopters to Iran despite made in France. It seems to me ex- States. Europeans are willing to do our concern about Iran’s support of ter- traordinary that when the military is anything to distort the market and rorists in Iraq and their efforts to de- deciding how to spend $40 billion in beat out Boeing. velop nuclear weapons. When they were American taxpayers’ hard-earned dol- The tanker they will supply for the confronted, EADS answered that as a lars, it would not at least consider the military is a result of that decades- European country, they were not sup- long effort. I have for years—and my posed to take into account embargos effects it would have on the economy. This is not just $40 billion either, and colleagues know this—been coming out from the United States. Well, that is it is not just 44,000 jobs; it is much big- the company to which the Air Force is here and urging the administration and ger because this affects Boeing’s entire now going to give a major military Congress to fight to save America’s contract. But that is just one example. 767 line and all of the communities aerospace industry from a European In 2006, EADS tried to sell C–295 and that depend upon it. In Everett, we takeover in order to save American CN–235 transport and patrol planes to know this. Boeing’s health touches ev- jobs. We have demanded that Europe Venezuela—a circumvention of U.S. erything: how much people spend on stop the subsidies and play by the law. We prohibit foreign countries from groceries and clothes and whether they rules. In fact, because of EADS illegal selling military products containing can buy a car or even a home. I think tactics, the U.S. Government right now U.S.-made military technology to third the Everett Herald put it in perspective has a WTO case pending against Air- countries without U.S. approval. Part Saturday when it quoted the general bus, the same company to which we are of the reason is because we want to manager of our local mall, who said: now awarding a $40 billion contract. It keep our weapons from falling into the When Boeing sneezes, we all grab for the took us 100 years to build the aerospace hands of countries such as Venezuela Kleenex. industry in this country. We have to which have threatened U.S. security This loss is going to be felt in our defend it. Once those plants are shut and mean us harm. We cannot trust a homes and our businesses and commu- down and our skilled workers move on foreign company to keep our military’s nities throughout Washington State to other fields, we cannot recreate that best interests in mind, especially one and the entire country wherever there overnight. What did the administration that has a history of trying to sell is a Boeing factory or a Boeing sup- turn around and do? It handed Airbus weapons and military technology to plier. $40 billion of taxpayer money and 44,000 unfriendly countries. Now, my colleagues from Alabama jobs and did ‘‘honor to France and Eu- But you know what, I think this came on the floor last night and de- rope.’’ It is no wonder Boeing’s workers raises a bigger question too. What hap- fended Airbus. They argued that this are angry. One worker said to me: It is pens if France or Russia—which is contract does not outsource jobs. We a slap in the face. Many others are ask- pushing to increase its stake in EADS, still do not really know how many jobs ing: How could this happen? by the way—decided it wants to slow Airbus might create in the United I am angry too. I am looking forward down our military capacity because it States. That has not been decided. The to asking these questions of the admin- does not like our policy? Do we want only thing we know for sure is that istration. The hard-working Americans another country to have that kind of much if not most of the initial work in my State and across the country de- control? I think that is one of the ques- will be done overseas. And today, guess serve to know why this administration tions we need to answer, and we need what. The Europeans are celebrating has given their jobs and a contract in- to answer it now. that. The United Kingdom’s Business volving a major piece of our military I also want to know why this Govern- Secretary is already counting the jobs. capability to France. ment would choose an unproven plane Do not listen to me. Listen to what I yield the floor. using unproven technology for a pro- they are saying in their papers over- The ACTING PRESIDENT pro tem- gram that is so vital to our U.S. Air seas over the weekend after the con- pore. The Senator from Kansas. Force. Tankers are so important to our tract was announced. Mr. ROBERTS. Mr. President, what military that Army GEN Hugh UK’s Business Secretary, John Hut- on Earth is going on here? I am ex- Shelton, who was the former Chairman ton, quoted in the papers in Europe tremely disappointed. No, I am of the Joint Chiefs, said that the motto over the weekend: shocked. This isn’t shock and awe; this of the tanker and airlift forces should The massive contract will secure a number is shock and shock over the Air Force’s be ‘‘try fighting without us.’’ of years of work for the UK industry benefit- decision to choose EADS or Airbus

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.001 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1489 over Boeing to make our critical new What about the issues regarding the I again thank Senator MURRAY for aerial refueling tanker. This is the Air fact that the EADS Airbus company reserving this time and yield the floor. Force, not Alice in Wonderland. I pay made the Lakota light utility heli- f credit and associate myself with the re- copter? The way it was delivered, it RECOGNITION OF THE MINORITY marks of the distinguished Senator can’t even fly on hot days. They are LEADER from Washington, Mrs. MURRAY, and putting air conditioning units in that thank her for reserving this time, for helicopter. That makes it modified and The ACTING PRESIDENT pro tem- taking a leadership role, along with her makes it less maneuverable. pore. The Republican leader is recog- colleague from Washington, Senator Is the Air Force at all concerned with nized. CANTWELL. I thank them both for their the backlash, described by Senator f efforts. We are going to need a bipar- MURRAY, all across this country re- HOUSING CRISIS tisan approach to this to see if we can’t garding the fact that they did not con- get some answers. sider American jobs, much less the Mr. MCCONNELL. Mr. President, I Simply put, it does not make sense WTO dispute with Airbus or govern- wish to take a few moments of my that the Air Force would choose a for- ment subsidies issue with the EADS leader time, not to interfere in the eign entity that has no prior tanker ex- proposal? I can tell you, I hope I have record with this discussion that has perience to build the next generation of been able to express my dismay over been ongoing between the Senators from Kansas and Washington. refueling aircraft for the men and the Air Force’s choice, but the prob- Last week we debated housing. women of our Air Force. I met with the lems simply don’t end there. The Air- Air Force yesterday. I appreciate that. Democrats want to raise monthly bus frame will be made in Europe. mortgage payments on everyone who It was about an hour and a half meet- There is no question about that. The ing. It was not pleasant. We had what wants to buy a new home or refinance nose will be made in France, the wings an existing one. Republicans have a we call ‘‘meaningful dialog.’’ I am still in Great Britain, and part of the fuse- not satisfied with their conclusion. In broader, bolder plan. We want to create lage in Germany. Bonjour, the Air the economic conditions that make fact, I think there are many more ques- Force has certainly gone into the wild tions that must be answered before this home ownership easier—more jobs and blue European yonder, and they have higher wages. Our first priority is to bid conclusion should move forward. never done this before. help families who are either facing For example, as the distinguished The Air Force gave no consideration Senator has pointed out, why can’t the foreclosure or seeing the values of their to the fact that Boeing has built a homes drop as a result of other fore- Air Force brief Boeing sooner than tanker that lasted over 50 years. With next week? We already have leaks all closures nearby. every airframe being built in France, This morning I want to talk about over this town as to exactly what hap- we are paying for the French national one specific action we can take to help pened and the specifics of the RFP and health care system. What kind of sense these families. Home values are falling the bid selection and everything else, does that make? In fact, they gave not only because of cut-rate sell-offs by but Boeing has not had a debriefing. more credit to Northrup Grumman for banks but also because areas with high Yesterday the Air Force said it was making other defense systems as re- volume and vacant homes often see an OK, that Boeing said: Fine, we are OK cently as last year than they did Boe- increase in crime and neglect. One with a briefing next week on Tuesday. ing. That is saying something about thing government has done in the past That is not the case. this competition when you consider to the help reverse a slide in home val- The two competitors were originally Northrup won’t even be making most ues is to make tax credits available to told that the briefing would be within of the plane. Airbus will. Again and people who pick up foreclosed homes in 4 to 5 days of the contract announce- again in this competition, the Air affected areas. This worked in the mid- ment. The Air Force is not holding up Force has not judged the two bids fair- 1970s when a period of easing credit led to that bargain. Why did the secondary ly. Not only did they not consider past to overconstruction and higher interest cargo mission—i.e., a larger plane—fac- performance accurately, they also rates. Congress responded with a $6,000 tor so large in the announcement brief- placed a much higher price on the tax credit spread over 3 years for any- ing when this was a competition for a cargo space than they led anyone to be- one who bought a new home for their tanker? How could an airplane as large lieve. primary residence. This is what they as the A330, which burns 24 percent As my colleague from Kansas, Con- did back in the 1970s. Home values were more in fuel than the KC–767, possibly gressman TODD TIAHRT, expressed yes- stabilized. Inventory dropped, and the be valued as less costly? How did the terday in the meeting with the Air housing market recovered. Air Force evaluate the risk associated Force, if they wanted an aircraft as Congress should do the same today. with a foreign government owning and large as the KC–10, they should have Senator JOHNNY ISAKSON of Georgia, a subsidizing the Airbus tanker? Why put out an RFP for one. But they real expert in real estate and housing, were the fixed price options discussed didn’t. They asked for a tanker, and who spent decades in that field, has a at the announcement brief when the that is what Boeing proposed. Airbus fabulous idea. He saw the good effects life-cycle cost was supposed to be the proposed something much different. It of the tax credit that Congress pro- only measure? Is the Air Force con- is my opinion that the men and women vided back in the 1970s. Now he is pro- cerned about delays and other issues flying those aircraft are going to suffer posing a $15,000 credit spread over 3 stemming from the fact that EADS for it. years for people who buy newer homes Airbus have never built a tanker with Make no mistake: Unless something with a first mortgage in default or sin- a boom? Will the Air Force need new changes, we will be dealing with the gle-family homes in the possession of a equipment to deal with the repair of a ramifications of this bid for the next 80 bank. Let me say that again. He is pro- foreign tanker? Why does the Air Force years. It will take Airbus longer to posing a $15,000 tax credit spread over 3 place cargo space over fuel efficiency start up the assembly line than Boeing, years for people who buy newer homes and the ability to land and take off and it will take them longer to produce with a first mortgage in default or sin- from more places? Where is this larger a viable plane. When they finally do, gle family homes in the possession of a airplane going to land? Is the Air Force that plane will be just plain too big. bank. Buyers must occupy those homes prepared to pay way more for the Air- I am deeply troubled by this an- as their principal residence to be eligi- bus because of the amount of fuel it nouncement. I expect to see a very de- ble. We are not about to let speculators takes to fly them and the amount of tailed documentation on the questions come in and make the current problem capital it takes to open a brandnew as- we raised yesterday that were not an- even worse. sembly line in Europe? Is the Air Force swered from the Air Force. I also ex- This is one idea Republicans are pro- aware that they currently do not use pect them to brief both competitors posing to help families struggling with all of their available cargo space in the quickly. The long and short of it is, if the painful effects of the housing down- fleet? Is the Air Force aware that the this decision holds, it will be at the turn. I mentioned some of these ideas Boeing 767 would provide even greater cost of American jobs, American dol- yesterday. We will discuss others as cargo space than they have now? lars, if not our national security. the week goes on.

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.003 S04MRPT1 smartinez on PRODPC61 with SENATE S1490 CONGRESSIONAL RECORD — SENATE March 4, 2008 A lot of families need urgent relief. they spent more than $5.8 billion for al- can land on shorter runways, takes up They should know the Government is most 2.6 billion gallons of jet fuel, less ramp space, and altogether needs doing everything it can, without dam- more than twice what they spent in less infrastructure. The KC–767 can op- aging our long-term economy, to help 2003. erate at over 1,000 bases and airstrips them through a very difficult stretch. If anybody thinks fuel costs are worldwide. We certainly should avoid measures somehow magically going to come For example, at a strategic central that make the underlying situation down, they are not. The Air Force Asian airbase in Manas, Kyrgyzstan worse, as the centerpiece of the Demo- needs to consider the impact of fuel that I think is key to the war on ter- crats’ response to the housing situa- costs in the future. In fact, I believe it rorism, the current runway cannot sup- tion would certainly make happen. is a national security concern as to port the KC–30 plane. It cannot support I yield the floor. where the Air Force is going to get fuel the plane the Air Force just selected. The ACTING PRESIDENT pro tem- in the future. However, it can support the KC–767 pore. The Senator from Washington. Just last Friday, the Air Force As- that Boeing offered. Again, it begs the f sistant Secretary told the House question: why did the Air Force would choose a larger plane when it knows it BOEING LOSES Armed Services Committee that it wants to leave a greener footprint with is going to be unable to land at many Ms. CANTWELL. Mr. President, I more environmentally sound energy re- bases and airstrips? Are we going to rise to join my colleagues, the senior sources. Well, if the Air Force is com- have to pay for the cost of infrastruc- Senator from Washington, Mrs. MUR- ing up to Capitol Hill talking about a ture improvements of that as well? RAY, who did an eloquent job talking greener, more fuel-efficient plane and It is very important, given these fuel about the shocking news that came out at the same time awarding a contract issues and these infrastructure issues, last Friday about the Air Force’s deci- for a plane that burns 24 percent more that the Air Force prove to Congress sion to go with the KC–30 tanker over fuel than the Boeing KC–767, they do that the cost-effectiveness throughout the Boeing KC–767 plane. I know my not have their act together. the life cycle of this procurement real- colleagues from Kansas want to con- This is what Assistant Secretary Bill ly does pan out. If we are simply talk- tinue this dialog as well. Anderson said: ing about buying cheaper planes up What we see is a lot of concern and The increasing costs of energy and the na- front, but the life-cycle cost of these questions that have not been answered tion’s commitment to reducing its depend- planes turns out to be exorbitant—be- by the Air Force. I appreciate the fact ence on foreign oil have led to the develop- cause the fuel is more expensive, be- that Speaker PELOSI also issued a ment of the Air Force energy strategy—to cause the plane cannot land at various statement today questioning the deci- reduce demand, increase supply and change bases—and you have to spend billions sion by the Air Force and asking for the culture within the Air Force so that en- more on both of those things, that is further congressional review. That is ergy is a consideration in everything we do. very troubling. why my colleagues are here this morn- Well, I certainly want to know what The reason this is so troubling to me ing. We want answers from the Air consideration the Air Force gave to is because I have seen this same issue Force. Frankly, we don’t want to wait this new energy mandate in their deci- play out in the commercial market- another week to get them. For 75 sion to go with the KC–30 over the KC– place. Airbus planes have been backed years, Boeing has been making tanker 767, when the Boeing plane is 24 percent by government financing in the com- products. They know what they are more fuel efficient. mercial markets, so they were able to doing. They submitted a bid to the Air Now, one of the things the Air Force put a cheaper plane out in front of Force for a more flexible plane with a stressed in the contract announcement many governments across the globe. cost-effective life cycle. It has proven was the size of the KC–30. It is a slight- Boeing, on the other hand, has proven boom technology. This technology is ly bigger plane, and the Air Force with technology to have more fuel-effi- used to refuel aircraft for the mili- claims to want that larger plane be- cient planes, and they were able to taries all over the world. Other govern- cause it can carry more fuel. However, show people that the true life cycle ments have already bought this prod- that fuel is going to cost us. costs of their planes were actually uct and have made the decision to use Since the Vietnam war, the average more cost effective. The end result is a this technology. It is amazing to my amount of fuel offloaded from these air WTO dispute over the financing of Air- colleagues and me that the Air Force tankers is 70,000 pounds. When these bus by government-backed operations. would make this decision about these tankers are out refueling planes the av- What I am trying to say is that the planes based one bid that is a proven erage amount of fuel they need to private sector has figured it out. In the technology and has proven successful carry to complete a mission is less commercial space, fuel-efficient planes for more than 70 years and all of a sud- than 70,000 pounds, and that is during are paying their way. I wonder why the den switch to a product that has yet to combat operations when they are very Air Force did not figure out the same be built and yet to be proven. The Air busy, which obviously would be less scenario and did not figure out that Force has made assertions and assump- during in peacetime operations. This they will save U.S. taxpayers’ dollars tions without giving Congress the an- begs the question: Why did the Air by having a more fuel-efficient plane. I swers. Force choose a foreign-built tanker also ask the Air Force to explain when What I am really amazed about, that has the capacity to carry 245,000 the Boeing tanker is 22 percent cheaper frankly, is that we are seeing some of pounds of fuel versus the right-sized to maintain because of the flexibility the highest fuel costs in America and plane from Boeing that carries 205,000 advantages it has. that impacts our Air Force as well and pounds of fuel? Why did they choose a I have concerns that Boeing worked I want to know why the Air Force plane they know is going to have more hard to meet the requirements the Air picked such a large plane, when their expensive life cycle costs and more ex- Force set. The 767 platform best specs clearly asked for a medium-sized pensive on fuel costs, instead of buying matched what the Air Force wanted. If plane. If the Air Force wanted a large the right sized plane? That would be they wanted a bigger plane with more plane, the Air Force should have sim- like driving a humvee to the Capitol capacity, they simply could have asked ply asked for a large plane. The Boeing every day when you could drive a more for one. Yet here we are with a ques- Company could have provided a 777 in- fuel-efficient car. The Air Force has to tionable decision that I think raises stead of the 767. But that is not what live up to their commitment to a concerns about the ability of the De- the Air Force asked. I take the Air greener energy strategy. partment of Defense to maintain crit- Force at its word when they say they The second issue that is troubling to ical skills. We need to make sure there want to be more energy efficient. In me is the fact that there is an issue is a homegrown workforce and engi- fact, the Air Force uses more than half about runway, ramp, and infrastruc- neers to deliver products we need. of all the fuel the U.S. Government ture capacity. The KC–767 tanker is a The U.S. Government needs to con- consumes each year. Aviation fuel ac- smaller plane, it has ability to land on sider the national security implica- counts for more than 80 percent of the many more airstrips we have access to tions of fuel efficiency in this procure- Air Force’s total energy bill. In 2006, around the world. The Boeing tanker ment decision. It needs to take a look

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.004 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1491 at the U.S. workforce and determine price point, to be able to compete said—for up to 80 years, that just does whether the loss of high-skill manufac- against a well-known Boeing aircraft not seem to be a smart way to go. turing jobs is impacting our national that has been in our fleet for decades, This is one Senator who is going to security. I plan to ask the Government that has worked well for decades, that fight against this, who is going to fight Accountability Office to investigate has been used to train our young pilots against this in the appropriations proc- these issues and report back to Con- and multiple generations of pilots on ess. I do not think it is smart. I think gress so we can have a full debate and this tanker. Now we are going to put it is the wrong thing to do. move ahead. those pilots in an Airbus plane, and Mr. ROBERTS. Mr. President, will I will remind the Air Force that in they are going to land in fields all over my colleague and friend yield for a the conclusion of their testimony last the world in an Airbus airplane—our question? week before Congress, they stated: We U.S. military risking life and limb— Mr. BROWNBACK. Yes, I will. will continue to wisely invest in our while the Europeans make money off of Mr. ROBERTS. I say to the Senator, precious military construction and op- us and get into, by subsidization, a de- you brought something up that I think erations and maintenance. They high- fense marketplace. is very important. As you look at the lighted energy as the key element wise Make no mistake, this is just a start. various countries that form up EADS investment. I think the Air Force has a This is what the Europeans did in com- and Airbus and that will participate in lot of explaining to do, and I want to mercial aviation. They started sub- this joint effort, which is subsidized, know why they have made this choice. sidizing commercial aviation. They got even though we have a WTO case I guarantee you that Congress will con- in one place, got all the market share, against them, what happens if these tinue to ask the tough questions until and subsidized into another one. countries do not agree, as the Senator the information is clear to everyone in They do things called launch aid. I has pointed out, with our appropriate America. don’t know, my colleagues probably policy in regard to the war against ter- Mr. President, I yield the floor. are not familiar with launch aid, but rorism or any other endeavor? The ACTING PRESIDENT pro tem- launch aid is where European govern- The example I would like to make is: pore. The majority’s time has expired. ments say: We will give you this much Look at the amount of money these The Senator from Kansas. money to start this aircraft, and if you countries, in their gross domestic prod- Mr. BROWNBACK. Mr. President, I stop producing this aircraft, then you uct, give to defense. The answer is al- ask unanimous consent to speak in have to pay the money back. Well, it most zero. Look at the amount of in- morning business for up to 10 minutes. then pays them to keep producing the vestment they give to NATO, where we The ACTING PRESIDENT pro tem- aircraft, and even selling it at a loss, are now fighting al-Qaida in Afghani- pore. Is there objection? because then they do not have to pay stan. A few countries will fight with Hearing none, it is so ordered. the launch aid back. us. Note the word I said: ‘‘fight.’’ As to Mr. BROWNBACK. Mr. President, Well, now they are doing it in a de- other countries that are now receiving thank you very much. fense contract field, and they start this contract, despite the fact they are I thank my colleagues. I, too, am with tankers. The Europeans start with subsidizing their own product, they are from a State that is keenly impacted tankers. Then they will go with sur- not fighting in Afghanistan. They are by what is taking place on this bid pro- veillance aircraft. Then they will move not contributing to NATO in a positive posal. The Air Force’s decision to to other airframes, to where then is it way. Some of them are there, but they award a new tanker contract last week going to be all of our major airframes do not enter into the battle. is a crowning achievement, not for the that are going to be made by the Euro- Now, here we are, with the American Air Force or the United States but for peans? taxpayer paying for the security of Eu- Airbus and the Europeans. I like the comment from my col- rope and Europe really not facing up to We were saying in our office, I won- league from the State of Washington: the task of funding and participating der if in the future our young men and What happens if the Europeans are not in NATO to the extent they can. Yet, women going into the Air Force to fly pleased with what we are doing in the in regard to our national security with these planes or to work on these planes war on terrorism or what we are doing this particular purchase—and if you do are going to have to pass a test in in the defense of Israel and if then not have tankers, you do not have French—‘‘Parlez-vous francais?’’—to be their governments start saying: Well, I global reach, you cannot go anywhere, able to determine whether we can work don’t like what your policy is in the you have access denial, and you cannot on these aircraft. And to be able to get Middle East. Now, as you know, what even fight the war in regard to Afghan- maintenance, equipment, and training, they do is they say: Well, we are not istan or any future place. Yet they are well, we are going to have to go to Eu- going to give you overflight rights. We absent without leave, they are not even rope to be able to do that. We are going are not going to let you fly your planes there. So I think my friend has made to have to get the people who built out of Germany or not let you fly your an excellent point and I thank him for them to tell us how to do it. I do not planes out of Great Britain. We are his comments. We are going to join in think that is right. going to stop you. an effort to see what can be done be- I also would like to say to my col- What if in the future they start say- cause this is harmful not only in re- leagues, I have been around this fight ing: We are not going to sell you spare gards to workers in France, vis-a-vis between Airbus and Boeing for a long parts. Then where are we at that point these workers in America, but it in- time, and Airbus has subsidized itself in time? What do we say to them? I do volves our national security. directly into the commercial aviation not know how to use my French I think my colleague and my friend market. They had zero market share 30 enough to plead and beg for spare from Kansas has made an excellent years ago. They started a European parts, but I really do not want to be in point. consortium called Airbus and EADS to that spot, and I do not think we should. Mr. BROWNBACK. I appreciate my be able to get at Boeing and into the As a friend of mine said to me this colleague joining with me. I wish to commercial aviation market. They morning—he is for a very open trading make two other quick points. One is I completely subsidized their way into system—he said: There are two things think we need a long-term economic it. It got to a point with the subsidies we should not be dependent upon other model of the impact on our economy where they were taking over half of the governments for: one is for your de- versus the impact on the European marketplace in commercial aviation. fense, and one is for your food. Those economy. Because I believe if you look Now here we go again. We are just now are just two things you should not be at the true cost and if you look at the on the defense side of it. Instead of the dependent upon another government true impact of these jobs being in the commercial side, we are on the defense for. Now we are going to be dependent United States versus subsidized jobs in side. for our defense on a European govern- Europe, you are going to see the long- This aircraft which EADS and Airbus ment that often goes a different way term economic impact on this country have put together is heavily subsidized than us. I think this is crazy. For a de- and on our Government with the taxes by European governments, by Euro- cision that is going to last—as my col- our workers would pay will be better pean treasuries, to be able to get a league, my seatmate from Kansas, by building the plane here.

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.006 S04MRPT1 smartinez on PRODPC61 with SENATE S1492 CONGRESSIONAL RECORD — SENATE March 4, 2008 Second—and this is a strategic Mr. GREGG. Mr. President, what is going to find revenues by simply col- issue—this is a bigger plane that is the regular business? Are we in morn- lecting taxes that were already owed, being purchased by the military. It is ing business? Do we have a half hour? people gave them the benefit of the going to need a longer landing strip. The ACTING PRESIDENT pro tem- doubt. Are those longer landing strips going pore. We are in morning business and Well, the shell game is over. The ben- to be available in countries such as the Senator has a half hour. efit of the doubt no longer applies. The Azerbaijan or Kazakhstan or are we f record is in and the record is pretty going to be able to get a longer runway dismal. THE BUDGET to be able to land on? Now we have a The budget from last year produced plane that will carry more fuel, but it Mr. GREGG. Mr. President, I am by the Democratic Congress increased will take a longer landing strip. We can going to speak, and then I understand taxes over a 5-year period by $736 bil- build those in the United States. We the Senator from Texas is going to lion. It dramatically increased spend- can build bigger hangars here. Can we speak a little bit about the coming ing. In the discretionary accounts, the around the world so we can have the events of the next 2 weeks which will Democratic budget last year, as it was reach we need? be the issue of how we address the finally executed, increased spending Mrs. MURRAY. Mr. President, will budget of the United States. This is an over what the President requested. The the Senator from Kansas yield for a annual event, of course, and so what I President requested a $60 billion in- crease in discretionary spending. It in- question? am going to give is a little review of Mr. BROWNBACK. I am happy to last year’s budget and where we are creased spending or proposed to in- yield. going with this year’s budget. I regret crease spending when you combine the Mrs. MURRAY. I am listening to the to say it is a review of what amounts supplemental proposals and the actual Senator from Kansas, and he makes a to basically a horror movie because the budgeting proposals by over $40 billion. It added $2.5 trillion—trillion—to the very good point about the infrastruc- budget which was produced last year Federal debt over the 5-year period. ture that will be needed to be built to by the Democratic Congress was a hor- This term ‘‘pay-go’’ is the most abused build these larger airplanes. Was any of rible thing for the American people in term on the floor of the Senate and on the cost of building those runways or the way of increasing taxes and in- the floor of the House in the area of fis- those hangars to accommodate the creasing spending and increasing debt cal discipline: ‘‘Oh, we are going to use larger airplanes in part of the bid from on the American people. Now, we will hear from the other side pay-go to discipline Federal spending.’’ Airbus? We hear that from every Democratic Mr. BROWNBACK. I understand from of the aisle: Well, the President’s budg- candidate starting with their Presi- the Air Force yesterday that some of it et does this and the President’s budget dential candidates right down to their was, but I don’t understand if it was— does that and the President’s budget does this. However, I think the people House Members. I do not know fully if it was just the Last year on 15 different occasions who are listening to this discussion U.S. cost or if it is also what we are they either directly waived pay-go or should understand the President has no going to have to get from other coun- they gamed it in the most cynical man- legal responsibility in the area of the tries around the world on costs there ner by changing dates, changing years, budget and producing the budget; that for landing, longer landing strips, and moving money here, moving money bigger hangars to be able to put any of under the Budget Act, the President there, to the tune of $143 billion of new the aircraft in. So I don’t know if that can send up a budget and that is where spending, which should have been sub- is fully in it as well. But these are it stops. The actual budget is produced ject to pay-go, which was not. It was huge, decade-long projects and costs. by the Congress of the United States, simply added to the deficit and to the Mrs. MURRAY. I thank the Senator. the House and the Senate. It is not— debt of our children, that our children I think it is a point we have to look at and this is important—it is not signed will have to pay. They didn’t do one in terms of the costs of providing this by the President of the United States. thing about addressing the most sig- military contract to a subsidized for- He cannot veto it. The budget of the nificant fiscal issue we face as a coun- eign company as well as the future United States is purely a child of and a try, which is the pending meltdown of costs—not just for those airplanes but product of the House and the Senate our Nation’s fiscal policy because of for the infrastructure to handle it and and the U.S. Government. So it is our the $66 trillion of unfunded liability we our capability of doing that. responsibility—not the President’s re- have on the books as a result of obliga- Mr. BROWNBACK. Mr. President, we sponsibility—to produce a budget that tions and commitments we have made have just started this discussion, and I is responsible for the American people to the baby boom generation which is think it is a big one, I think it is an and especially for working Americans, beginning to retire right now—$66 tril- important one, whether we should be so they are not overburdened by the lion. The President at least sent up a dependent upon European governments Government, and for our children and package which proposed trying to dis- for our global reach in military for our our grandchildren, so we don’t put too cipline the rate of growth of entitle- aircraft. That is what tankers provide much debt on them as a government. ment spending—specifically Medicare— us is a global reach and whether we Last year was the first time the in very reasonable ways, by asking peo- should be dependent on the European Democratic Congress produced a budg- ple such as Warren Buffett, for exam- governments—upon the French, upon et in 12 years. They had the benefit of ple, to pay a fair cost of their drug ben- the Germans, upon the Brits—for our the doubt. When they said they were efit—people over 65 who have a lot of global reach. I don’t think we should going to control spending, people gave money should pay some cost of their be. I think we have to look at the sub- them the benefit of the doubt. When drug benefit; by using technology more sidization of this cost by the Euro- they said they were going to address aggressively, by limiting the number of peans. I think that needs to be dis- the problems which we confront with lawsuits that are brought against doc- counted and taken out of this proposal. entitlements because of the baby boom tors to something reasonable along I think we have to look at a long-term generation and the cost that is going what is known as the California or project, and we are going to be talking to be put on our children, people gave Texas models. The President’s pro- about this a lot before we go forward them the benefit of the doubt. When posals would have limited this liability with this—as Chancellor Merkel called they said they were going to use pay-go here as it related to health care by $8 it, this giant success for Airbus and the rules—this motherhood term—to dis- trillion. It would have reduced it. They European aviation industry. It may cipline spending around here, people were reasonable proposals. have been that it is at our cost. I am gave them the benefit of the doubt. But the Democratic budget, as passed not going to stand still and let it hap- When they said they weren’t going to and as executed, not only didn’t limit pen. raise the national debt any more than or reduce in any way this outyear li- I yield the floor. the President was, people gave them ability, they actually aggravated it. The ACTING PRESIDENT pro tem- the benefit of the doubt. When they They aggravated it dramatically, by pore. The Senator from New Hampshire said they weren’t going to raise taxes $466 billion over a 5-year period. It was is recognized. on the American people, that they were totally irresponsible.

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.008 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1493 On the tax side, this tax increase is Democratic budget of that owed and come from raising taxes on all the real dollars—real dollars that Ameri- unpaid balance? Zero. Why was that? other Americans who work and pay in- cans are going to have to pay. For 43 Why did they only get zero? Because come taxes. He is talking about basi- million Americans, under the Demo- they actually cut the dollars going to cally repealing all the Bush initiatives cratic budget as was passed last year, the Internal Revenue Service for en- and, believe me, even if he does that, their taxes will go up by $2,300 a year— forcement. So not only could the Inter- he cannot raise enough money to pay $2,300 a year beginning in 2011. For 18 nal Revenue Service not collect the ad- for what he is proposing. So he is talk- million seniors, their taxes will go up ditional money—and they could never ing about adding dramatically to the by $2,200 a year—that is a lot of money have gotten $30 billion anyway—the debt. It is a spend-arama, an Obama for somebody—beginning in 2011. For highest estimate the Internal Revenue spend-arama, which is going to cause low-income Americans, 7.8 million Service gave us was something in the us huge problems with taxes. Americans who do not pay taxes today range of 20 billion to 30 billion was So as we go into this next budget, because the 10-percent bracket is in their best number. They plugged this there is no longer the benefit of the place, their taxes will go up. They will number in that the Democrats said doubt out there for our colleagues on have to start paying taxes. For small they were going to get, which is $300 the other side of the aisle. They now businesspeople, 27 million small busi- billion, and why did they plug it in? have a track record of a budget that nesses that file what is known as a sub- Because they wanted to spend it. They raised taxes $736 billion, a track record chapter S, which means they basically wanted to spend $300 billion. of a budget that increased discre- are taxed as individuals, their taxes It is pretty interesting because, if tionary spending by $205 billion, a will go up on average $4,100. Those are you go back here, you will notice dis- track record of a budget that increased real dollars people are going to have to cretionary spending went up $205 bil- the debt by $2.5 trillion, a track record pay in new taxes as a result of the lion, right here, and they claimed they where they game their own pay-go Democratic budget. were going to pay for that and have a rules—game them—so they spend $143 Let’s put it in another context. The little surplus with this empty number billion, which they should have had to Democratic budget, the nightmare which they never got of $300 billion. offset, without any offsets, and a track budget, the shell budget, added $2.5 Where did the $205 billion actually get record of not addressing the most sig- trillion to the debt: $736 billion in new paid for? How did it get paid for? It got nificant issue we have today, which is taxes, $466 billion in new deficit spend- paid for by putting debt—debt—on our how do we pay for the future costs of ing in the area of mandatory increases, children’s shoulders. the retirement of the baby boom gen- $205 billion over 5 years in discre- Then, on top of that, of course, they eration and not put that burden on our tionary increases over what the Presi- are going to raise taxes by $336 billion, children. dent suggested—huge increases, totally as I mentioned. For 34 million Ameri- I suspect the budget they are going irresponsible. cans, it means a $2,300 tax increase. to bring forward next week is going to Equally important, as I mentioned, As if this isn’t bad enough, their look a lot like the one they passed last here is the tax increase, discretionary track record now is such a glaring ex- year. But when they claim this year increase, the debt increase under the ample of fraud and misdeeds and mis- they are going to get another $300 bil- Democratic budget and absolutely no representation of a shell game, of lion from some wizard behind the mandatory savings, which is the big- claiming one thing and doing the oppo- screen by collecting taxes that are gest issue of concern for us as a nation site in the area of tax policy and rais- owed but are not collected, I hope the as we look into the outyears from the ing taxes when they said they would press and the American people will say: standpoint of being able to pass on to not, raising spending when they said But hold it. You already claimed that our children affordable Government. If they would not, not addressing entitle- once. Are you going to do it again? When they claim they are going to you give to your children the debts of ments when they said they would. As if discipline spending around here by today, this $2.5 trillion they added, and that isn’t bad enough, we now have the using pay-go, I hope people will say: you put on top of that $66 trillion of Presidential candidates out there cam- Hold it. Last year you said you were debt as a result of Medicare and Med- paigning. On top of the track record of going to do that, and you spent $143 bil- icaid and Social Security costs that we total gross fiscal mismanagement, we haven’t figured out how we are going lion subject to pay-go. have Presidential candidates on their When they claim they are not going to pay for, you are essentially going to side of the aisle making proposals to to raise taxes, somebody has to say: say to our children: I am sorry, you increase spending which dwarf what is Hold it. The only way you can pay for can’t have as good a life as we have had already here, a dramatic rise in spend- your program is to repeal the tax laws as a generation. You are not going to ing. as they presently exist and make the be able to send your kids to college. Senator OBAMA, for example, has pro- taxes go up dramatically on all Ameri- You are not going to be able to buy posed 158 new programs that we know cans, not just on wealthy Americans. your first house. You are not going to of, that we can score—158—totaling an- And when they claim they are not be able to live the quality of life Amer- nual increases in spending—annual—of going to increase discretionary spend- icans have been experiencing through- $300 billion a year plus. Senator OBAMA ing, somebody needs to ask: Hold it. out the generation of the baby boom and Senator CLINTON say: Well, we are Last year you increased discretionary generation because we are going to put going to pay for this by taxing the spending by $205 billion over what the on you so much debt, so many costs, we rich; we will just tax the rich, tax the President wanted in nondefense discre- are simply going to overwhelm you. rich, tax the rich, tax the rich. tionary. What did the Democratic budget do Let’s look at the numbers. If we take They have no credibility any longer. to address that? Nothing. A lot of lip the top rates in America, which are the So I hope the American people and the service. In one of the most obscene— rates the rich pay, back to the days of press, and certainly I hope the Senate, obscene is the only accurate term—ac- Bill Clinton, you take them from 35 will ask some serious questions of tions of budgetary gimmickry, the percent—they pay 35 percent of their them as they bring forward their budg- Democratic budget claimed they were income to taxes now—take it back up et. going to raise $300 billion in tax reve- to approximately 40 percent, 39.6 per- Mr. President, I yield the floor. nues from people who owe taxes but cent which is, I presume, what they are The ACTING PRESIDENT pro tem- weren’t paying them. This is how they referring to—and, in fact, that is what pore. The Senator from Texas. are going to pay for all their new pro- they are specifically referring to—they Mr. CORNYN. Mr. President, I con- grams. They are going to raise $300 bil- say they are going back to the Clinton gratulate the Senator from New Hamp- lion collected from people who owe tax rates for the rich. You raise $25 bil- shire for his leadership as the ranking taxes. Well, yes, those are the esti- lion in income taxes. member of the Senate Budget Com- mates. There is a huge amount of Senator OBAMA has already proposed mittee and somebody whom I think un- money out there that isn’t being col- spending $300 billion plus a year. So he derstands the complexities of the Fed- lected today and should be collected. is short $280 billion. From where is eral budget better than just about any- But how much was collected under the that going to come? That is going to body. I do not claim to have that same

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.009 S04MRPT1 smartinez on PRODPC61 with SENATE S1494 CONGRESSIONAL RECORD — SENATE March 4, 2008 level of understanding, but what I do tion. If you want less of something, Then, I think the most, frankly, think I understand is what works and then you increase taxes, you increase shameful part of this budget is its fail- what does not work. regulation, you increase litigation. To ure to step up and recognize our re- I will cite as an example a story in me, that is the lesson we have learned, sponsibility to our children and our today’s Wall Street Journal comparing not only in my State, as I mentioned, grandchildren who are depending on us my State, Texas, to another State that but also in the Congress as a result of to make sure they are not left with a I will not name for present purposes, the tax relief we did pass in 2001 and debt they have to pay but, rather, they and wondering why the economy is 2003. We have seen more than 50 are left with, hopefully, a better life booming, why jobs are being created in straight months of economic growth and better opportunity than we as Texas when jobs are leaving the other with more than 9 million new jobs cre- their parents and our grandparents unnamed State. They cited three main ated in the United States since 2003. had. I know that is what my parents reasons. One is the belief in the bene- Was that an accident? Was it ser- wanted for me and my brother and my fits of free trade and selling our goods endipity? No, it was a result of reduc- sister. They wanted at least as good a and services overseas in a reciprocal ing the burden of producing income and life as they had, hopefully better. That free-trade arrangement. They cite allowing taxpayers to keep more of is what every parent and every grand- lower taxes which provide more incen- what they earn, and it resulted, coinci- parent wants for their children and tive for productivity. And they cite the dentally, in some of the highest levels their grandchildren. fact that in Texas, you have a right to of revenue to the Federal Treasury be- What has this Congress done to make work without having to belong to a cause more people were working. They sure that can happen? Frankly, not labor union. You can if you want to, were incentivized to work harder and, much. Let me put it this way: not but you don’t have to in order to work. as a consequence, they ended up paying enough because what we see is a grow- And I add to those three items, sensible more taxes which generated more rev- ing debt. This budget passed last year tort reform, which has not only created enue to the Federal Treasury, bringing grew the debt by $2.5 trillion. I know it a business environment in our State the deficit down over what had origi- is hard to think in terms of trillions. I which says to employers: You are not nally been projected. doubt there is a human mind that can Of course, keeping taxes low is part prey for predatory activity on the part really conceive of how big that is. I of the equation. The other part of the of the trial bar, but you are welcome in equation is spending. As Senator mentioned yesterday that a billion sec- our State to create jobs. Yes, you are onds ago it was 1976. We are talking GREGG pointed out, this budget passed going to be held accountable, but we last year dramatically increased Fed- about not billions but trillions—a huge are not going to create a hostile litiga- eral spending. This is one of the hard- amount of money. tion lottery which is going to chase est things Members of the Congress This budget grew the debt by $2.5 jobs and employers out of our State. have to do because, of course, we have trillion but, frankly, what this pro- A lot of those basic principles which people coming to see us every day say- posed budget we are going to take up have helped make my State, the State ing: Senator, I would like your help next week will in all likelihood fail to of Texas, such a welcoming State for funding this transportation project or address is 66—6–6—$66 trillion in un- economic growth and prosperity and providing an appropriation to pay for funded liabilities of the Federal Gov- creating jobs and opportunity apply to this or for that. But the fact is, we ernment. the Federal budget, too, about which I need to be good stewards of the tax- One might ask: We understand the wish to talk. payers’ money, and we need to learn budget deficit, but what is the debt? Senator GREGG had this chart up how to say no because it is in the best The deficit is the amount of money we which talks about last year’s budget; interest of our economy and, in the overspend each year, but the debt is frankly, things that were done last long run, it is in the best interest of how much we owe to our children and year that I hope we would have learned the American people because when we grandchildren, the debt we are simply our lesson this year and will not re- increase spending, we grow the size of passing down to them by failing to fix peat. For example, last year’s budget the Federal Government. As Govern- the Medicare Program, failing to en- anticipated a tax increase on the ment expands, individual liberty con- sure that the Social Security Program American people of $736 billion. One tracts. is on a solid fiscal financial basis. The might ask: From where is that money In other words, the bigger Govern- fact is, there is legislation that I hope going to come? Is Congress actually ment is, the less freedom we have to do will be offered during the course of this going to vote for a tax increase? We what we want, as long as it is lawful. budget debate that a task force be cre- may recall that the tax relief that we And what that means in the economic ated. passed in 2001 and 2003 was not perma- sphere is we are going to generate more As a matter of fact, the distinguished nent because we could not get suffi- economic activity, more revenue, cre- Democratic chairman of the Budget cient votes to make it permanent, so it ate more jobs and more opportunity in Committee and Senator GREGG, as was temporary. A significant portion of the process. ranking member, have proposed a task that tax relief—the capital gains and So greater spending, dramatically in- force so we can finally roll up our the dividends reduction—will expire creasing spending, is exactly the wrong sleeves and come to grips with this during this budget period. It will re- thing. We ought to cut spending, elimi- growing financial crisis and the debt sult, if it does expire, without Congress nate wasteful programs, particularly we are simply passing on to our chil- acting, in effectively the largest tax in- those—and I have spoken on this issue dren and grandchildren. crease in American history—but here is before. The Office of Management and I mentioned that $1 trillion is impos- the worst part—without a vote of Con- Budget has a Web site called sible, perhaps, for us to comprehend, gress. In other words, by Congress’s in- expectmore.gov. You can go there and but let me bring it down to a number action, we will see the largest tax in- see a thousand different Federal pro- that we all can understand; and that is crease in American history, and that is grams that have been surveyed by the $66 trillion in unfunded liabilities due part of the revenue that this budget Office of Management and Budget, 22 to the Congress’s failure to deal with that was passed last year anticipates. percent of which either there is no evi- this growing cost of entitlements— That contradicts the lesson I men- dence that they are meeting their in- Medicare, Medicaid, and Social Secu- tioned a moment ago that we have ex- tended purpose or effective, in other rity. If you divide that by every man, perienced in my State. We don’t have a words, or the Office of Management woman, and child in the United States State income tax. We have tried to and Budget simply cannot tell. Those of America, it comes down to about keep taxes as low as possible. It just are exactly the kinds of programs, the $175,000. So $66 trillion in unfunded li- makes common sense. You don’t have kind of waste that ought to be elimi- abilities, for entitlements primarily, to have a Ph.D. in economics to under- nated to reduce spending so that we boils down to $175,000 for every man, stand that if you want more of some- can spend where it is absolutely nec- woman, and child, including the baby thing, then you reduce the burden of essary on our national priorities. But who was born last night. That baby was producing it through lower taxes, eliminate that wasteful spending. This born into the United States—the most through less regulation, and less litiga- budget does not do that. prosperous, the freest Nation in the

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.010 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1495 world—burdened by $175,000 of debt be- The Senator from Arkansas [Mr. PRYOR] the way, the numbers are 420 full-time cause that baby’s adult parents and the proposes an amendment numbered 4090. employees, and at the height of the people they elect to Congress have The amendment is as follows: agency there were about 900. But those failed to take responsibility to make (Purpose: To correct a typographical error.) numbers are not as important as the sure that baby would be born into a On page 87, line 11, strike ‘‘cigarette’’ and trend. You can see that today we have world of prosperity, opportunity, and insert ‘‘Cigarette’’. less than half of the full-time employ- freedom. Instead, the baby has been Mr. PRYOR. Mr. President, we are ees at the CPSC as they did 20 years born into a world that has that free- today, once again, starting the debate ago. dom and opportunity but also is bur- on the Consumer Product Safety re- The problem is when you compare dened by $175,000 in debt. form bill. This is a very important these two charts. Again, I totally un- There are a lot of challenges that lie piece of legislation, and I am sure Sen- derstand we can work more efficiently ahead, and I have other charts I won’t ators from all over the country have today with things such as computers bother the Members of the Senate with heard from their constituents about and telecommunications and all that. here today, but we have to have an im- this because we saw last year a record We can work more efficiently. We can portant debate here as we write the number of product recalls, especially in do more with fewer people. I do ac- Federal budget. I agree with the Sen- the toy area. We saw last year recall knowledge that. But when you look at ator from New Hampshire, this is not after recall after recall, and some of how the imports have grown and how the President’s budget. As a matter of the news stories that made the head- the Consumer Product Safety Commis- fact, everybody knows what happens to lines were about lead in toys, but cer- sion staff has shrunk, that explains a President’s budget, whether it is a tainly the recalls last year were not in why you see a record number of recalls. Democrat or Republican in the White any way, shape, or form limited to That explains why you see millions and House. It is basically ‘‘dead on arrival’’ lead. millions of products being pulled from at Congress. I could say it another way. Lead is a very serious problem. We the shelves last year. Because as the The President proposes and Congress deal with lead in this legislation. In Consumer Product Safety Commission disposes the budget. But it is our re- fact, we virtually ban lead in all chil- has become less capable, less able to sponsibility to write that budget, and dren’s products. That is a very impor- deal with the changes in the import we should do so in a way that is fis- tant new safety rule. If the Senate economy, what you are seeing is more cally responsible. adopts this measure, the new safety and more dangerous products coming We should also do it in a way that ad- rule would be that there is a very into this country. dresses the real pinch that average tough scientifically based lead stand- I don’t think it is an accident. My Americans feel when they fill up their ard for toys. colleagues need to know that I don’t gas tank and find that gasoline is $3.25, When I say ‘‘virtually ban,’’ I do think it is an accident that last year $3.50 a gallon, on its way to $4 a gallon think it is important for my colleagues every single toy recall—and we will probably this spring; and when they to understand that we can probably talk more about this in a few mo- find that their health care costs con- never absolutely get rid of lead in any ments—but every single toy recall tinue to go up year after year after product because there is some lead out from last year was made in China. year such that they have less and less in the atmosphere. It is a naturally oc- None of these were U.S. made. In fact, disposable income. Those are the sorts curring element. But we virtually ban they weren’t made in any other coun- of things we ought to be paying atten- lead in all children’s products. try except China. So we need to reex- Another thing that we do, which I tion to—reducing taxes, eliminating amine the priorities of this agency. We think is very important, is illustrated the debt, taking responsibility for that, need to restructure the agency in such by this chart, and that is we recognize and taking care of those bread-and-but- a way that it meets the needs of the the changes in the U.S. economy. The ter issues that the American people changing U.S. economy. We need to last time the Senate reauthorized this care about, because those are the ones help this agency right here, when it legislation, which was in 1990 or 1992, that impact their quality of life on a comes to dollar amounts and full-time we have to think about what the U.S. day-to-day basis. employees for this agency. Mr. President, I yield the floor. economy looked like. If you think about how many imports we had com- Again, it may be another discussion f ing into this country from overseas, where we try to help the U.S. economy CONCLUSION OF MORNING one of the things this chart illustrates here in the number of imports and try BUSINESS is the number of imports in dollar fig- to manufacture more products here— that is another bill and that will come The ACTING PRESIDENT pro tem- ures, starting in 1974 and going up here at some point in the future—but right pore. Morning business is closed. to the year 2006. The actual numbers now this is what we are focused on, is f and the years aren’t as important as the trend line. You can see what is hap- trying to make sure that the Consumer CPSC REFORM ACT pening with imports coming into this Product Safety Commission is The ACTING PRESIDENT pro tem- country. equipped to handle the changes in the pore. Under the previous order, the We all know we are getting more and U.S. economy. Senate will proceed to the consider- more imports, and one of the things I Mr. President, I see Senator ation of S. 2663, which the clerk will re- think we need to fight for is our U.S. KLOBUCHAR is here, and she wishes to port by title. manufacturing base, but that is not the say a few words. I will be on the floor The bill clerk read as follows: discussion we are having here today. all day today. I encourage my col- A bill (S. 2663) to reform the Consumer We are seeing more and more imports leagues to come down and talk to me if Product Safety Commission to provide coming into this country. However, at they have amendments. Certainly we greater protection for children’s products, to the very same time, over the very same have seen a growing list of amend- improve the screening of noncompliant con- years, if you go to this bottom chart, ments. My hope would be that all the sumer products, to improve the effectiveness again starting in 1974 and going up to amendments would be germane and of consumer product recall programs, and for this year, you will see what the Con- that we could maybe get a bipartisan other purposes. sumer Product Safety Commission’s agreement on amendments. The ACTING PRESIDENT pro tem- staff has done year by year. I know Senator STEVENS has been pore. The Senator from Arkansas. Unfortunately, you see it peak in very good to deal with on this legisla- AMENDMENT NO. 4090 about 1980 or so, and then it starts to tion. He and I have not talked about Mr. PRYOR. Mr. President, I have an drop off dramatically. Here again, the any of the amendments yet. I think our amendment at the desk, No. 4090, that numbers are not as important as the staffs have been talking with each I wish to call up. fact that you see this downward trend other. But I encourage my colleagues The ACTING PRESIDENT pro tem- when it comes to employees at the to come to the floor when it is conven- pore. The clerk will report. Consumer Product Safety Commission. ient, or send their staff over when it is The bill clerk read as follows: The reason that is important—and, by convenient to talk about whatever

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.012 S04MRPT1 smartinez on PRODPC61 with SENATE S1496 CONGRESSIONAL RECORD — SENATE March 4, 2008 amendments they maybe wish to offer. creating some indigestion or some- got home, after they had gotten the I know we had some meetings last thing such as that, but the hospital charm out of his stomach, he bit his night with various staff people on cer- tries everything they can think of. cheek and his cheek swelled up to the tain Senators’ staffs on the Republican They thought maybe he had acciden- size of a golf ball because of the lead side of the aisle, and certainly we have tally gotten into their medicine cabi- that was in his system. an open door to try to talk through net and they didn’t know it and took That is what we are talking about— those. some medicine and something hap- moms getting little charms that their One last thing, again for the staff pened. So they gave him drugs to try kids swallow, which used to be maybe members watching this on C–SPAN and to reverse it, but he wouldn’t wake up. if you swallowed a penny, having this for the folks all around this country It was a complete puzzle because they kind of health effect. who are watching it on C–SPAN 2. We didn’t know how this could have hap- We all know what lead can mean. I have made many changes in this legis- pened. Nothing they tried worked. certainly know in Minnesota where we lation since it left the committee, and Finally, 6 hours later—and the doctor had a little boy whose mom was not we have listened and we have worked said if he hadn’t been there, he with us today. The mom was not there very hard to try to find common wouldn’t have believed it—with all because her heart is broken. Her little ground on a whole variety of issues. these tubes connected and everyone 4-year-old boy died when he swallowed When we started, there were maybe 20 thinking they are going to lose him, he a charm that turned out to be 99 per- or 30 or 40 controversial parts to this wakes up and he is fine. And they cent lead. And he did not die from bill. I think we are now down to two or think: How could this happen? What is choking, he did not die because it three. I am not sure that anyone has wrong? And they simply don’t know. blocked his airway, he died because put a number on it, but we have So they call the company that manu- that lead seeped into his system day worked very hard to try to come up factures these Aqua Dots and they try after day. And when he died, he was with a bill that can have bipartisan to write them. The mom gets home the tested at three times the normal lead support and something that people all next day and gets on the Internet with level. over this country can be very proud of. bloggers trying to figure out what In 2007, nearly 29 million toys and With that, Mr. President, I yield the could be wrong. She writes letters to pieces of children’s jewelry were re- floor. the company, trying to get informa- called because they were found to be The ACTING PRESIDENT pro tem- tion. dangerous and, in some cases, deadly pore. The Senator from Minnesota. Well, finally, they tested him some for children. As a mom and a former Ms. KLOBUCHAR. Mr. President, I more and they tested these Aqua Dots prosecutor and now as a Senator, I find am proud to be a member of the Com- some more. And what did they find? it totally unacceptable that these toxic merce Committee that passed this leg- They found that the Aqua Dots con- toys are in our stores and on our islation through the committee under tained a chemical that was really the shores. As my 12-year-old daughter said the leadership of Chairman INOUYE, date rape drug. when she found out that the Barbies Senator STEVENS, and the Consumer The date rape drug, as a prosecutor, I were being recalled, she said: This is Subcommittee Chairman PRYOR. I am can tell you that we handled those getting serious. also glad this legislation includes the cases where women have been slipped The provision of the Consumer Prod- bill I introduced that finally put a one of those drugs in their drink; they uct Safety Commission Reform Act mandatory ban on lead in children’s are suddenly completely out of it and that I authored addresses some of the toys. do not know what happens. You know most serious discoveries of this past This legislation has been called by the crimes that have occurred as a re- year. And that is the lead that has been the Wall Street Journal as ‘‘the most sult there. surfacing in these toys. The toy that significant consumer-safety legislation But here is this little boy swallowing little Jarnell Brown swallowed that led in a generation.’’ That comes from the a dot, a dot that had the date rape drug to his death was made in China. It was Wall Street Journal. But what this is in it manufactured in China. And that 99 percent lead. about is not all the details of all the mother stood here with Senator PRYOR The toy that little Colton swallowed toys, which I am going to talk about in and me and told this moving story and that nearly led to his death and has led a minute, and the 29 million toys that said: This cannot happen to other par- to elevated lead levels in his blood- have been recalled and what this has ents. stream for many years was 39 percent meant to our economy, but what this is She said: The Senators in this body, lead. about are these little children. why do they not think if this happened These deaths, these injuries have Senator PRYOR and I just left an to their kid or their grandkid where been made so much more tragic by the event where two children, their fami- they suddenly swallow a little toy and fact that they could have been pre- lies, their mothers, were there to talk are out like that. It is like swallowing vented. These little boys should never about what had happened to them. The a gumball, out like that for 6 hours have been given these toys in the first first was this little boy named Jacob. thinking they are going to die. place. It should not take a child’s His family is from Arkansas. The mom Then there was another mother who death or severe injury or a child swal- painted this picture for us. Look at came from Oregon. She told the story lowing an Aqua Dot with a date rape this little boy. She painted this picture of her son, whom we see now years drug to alert us that there is a problem that I will never forget, of her standing later, Colton. When he was very little, in this country. in the kitchen one day and all of a sud- he swallowed a charm they had gotten Parents should have the right to ex- den they see their little boy and he is from some one of those little vending pect that these toys are tested and that practically limp. Just like that he machines that you put your money these problems are found before these went from being a happy little boy into. toys get to the toy box. For 30 years, playing. He swallowed it. And all of a sudden we have been aware of the dangers What happened is he had swallowed she said he started acting completely poised by lead. We all know about it one of these Aqua Dots toys, one of lethargic, not at all like the little tod- from the lead paint standard. these toys you put in water and it ex- dler he was. And they brought him into But what is ironic to me is we have a pands to an animal or whatever it is. the hospital and they found out that Federal standard for lead paint, we He had swallowed it. So he is getting charm was 39 percent lead, 39 percent have a standard, but we have never had more and more limp, and finally the lead. a standard for lead in toys or jewelry; ambulance comes and they end up in Now, their story, unlike the story of never had a standard for those little the hospital. Within an hour, he is little Jacob, did not end there, because pieces of jewelry that will end up in completely unconscious. They have no he has that lead permanently in his kids’ stomachs, or how about teenage idea what is wrong. Unconscious. They system. And today, years and years girls who are sitting in class and chew- thought maybe he had swallowed a lit- later when they go to the doctor, he is ing on a charm that they may have tle toy, maybe something that you still tested for elevated lead levels. around their neck—never had a stand- would think would be in his stomach And, in fact, even a few days after he ard; it has all been voluntary.

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.013 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1497 It is not just these cheap trinkets about the danger of lead in children’s What this law says is you do not have that are being discovered to contain products, the chairwoman responded on to be stuck up there at .01, which is of hazardous levels of lead. Last summer September 11. In that letter, Chair- course a small amount of trace lead. the CPSC recalled 1.5 million Thomas woman Nord acknowledged that: You can, in fact, do a rulemaking and & Friends trains, including the Thomas The CPSC does not have the authority to go lower for certain products or for all the Train caboose, the Thomas the ban lead in all children’s products without products. Train rail car, the box car, after they considering exposures and risk on a product This legislation gives the CPSC the were discovered to be coated with poi- by product basis. power to lower levels even further as sonous lead paint. Now, that is really going to help the science and technology allow. A lot of those parents had bought family of Colton to find that out, that The legislation before us today also these toys because they were wood, our powerful Federal agency, with sets an even lower threshold for paint. they thought they would be better for which we thought we had solved all Under this bill, the allowable lead level their children. Many of these products these consumer product issues back in for paint would drop immediately to 90 reaching retail for between $10 and $20 the 1970s, that this a safe country, does parts per million. This lowered thresh- apiece were on the market for almost 3 not have that authority. old is critical because science has years before they were discovered to be Chairwoman Nord went on to say shown that as children put products in defective, putting hundreds and thou- that: Were the CPSC to attempt ban- their mouths, it is the painted coatings sands of toddlers at serious risk for ning lead in all children’s products, it which are most easily accessible to lead ingestion and brain damage. would likely take several years and kids. Every parent of a toddler knows What is even worse is what happened millions of dollars in staff and other re- that to be true. They can see, if any after the initial recall. This shows you sources. parent looks in their toy box, all the how out of hand things have been be- This response makes it clear that little teeth marks, and they know they cause there have been no set standards Congress cannot wait for the CPSC to put them in their mouth. and no good regulations coming from act to ban lead from all children’s Under current law, the Consumer the Consumer Product Safety Commis- products. We have been waiting for Product Safety Commission has adopt- sion. years. These parents have been waiting ed this voluntary guideline of .06 per- After more than 3 months passed, for years and years. This mother who cent. It is voluntary. That is part of RC2, which is the company that makes spoke with us today wrote all these let- the reason it takes so long, that is part Thomas the Train sets, realized that ters. She has been trying to lobby by of the reason we have had this huge their first recall was incomplete. They herself on behalf of her son to make delay. This puts in a mandatory guide- had asked for a recall and then they sure this did not happen again. line at .03 going down to .01. found hundreds of thousands of addi- And what she told me this morning This legislation changes what is a tional products, many of which had was her heart broke 2 years after her bad system, a broken system, and gives been sold in the same packaging with son had this horrible experience when the CPSC the tools it needs imme- trains that had already been recalled, she heard about the case of Jarnell diately to go after the bad actors who were coated with lead paint and also Brown who had died. She felt her ef- used lead or lead-based paint in their needed to be recalled. forts were in vain. products. Clearly, the RC2 Corporation that Well, this Congress has a duty to To me the focus is simple: We need to manufactured Thomas & Friends trains make sure they were not in vain. Par- get these toxic toys out of our kids’ was embarrassed by its safety record. ents should not have to wait years for hands, not just voluntarily, not just as It apologized to its customers, saying the CPSC to take action we already a guideline but with the force of law. it would make every effort to ensure know is appropriate. The medical evi- Millions of toys were being pulled that this would not happen again. To dence is clear and overwhelming, lead from these shelves, 29 million last year. help encourage customer loyalty, poisons kids and there must be a Fed- Right in the middle of Halloween, they which you can understand in a com- eral ban. were pulling the little funny teeth that petitive market, and to get them to re- To talk a little bit more about the you put in your mouth, Aqua Dots, turn those recalled toys, RC2 said: specifics, this legislation effectively Thomas the Train, Sponge Bob Square Okay, parents, we are so sorry this bans lead in all children’s products by Pants, Barbie dolls, you name it. It happened. We are going to give a bonus classifying lead as a banned hazardous gives the force of law to pull these toys gift for your trouble. substance under the Federal Hazardous from the shelves. Well, the bonus gift backfired in a big Substance Act. The bill sets a ceiling As if the appalling number of recalls way because it was discovered that for a trace level of allowable lead at .03 this year is not bad enough, these re- 2,000 of these bonus gift trains that percent of the total weight of a part of calls illuminated other problems with they had given to parents for them a children’s product or 300 parts per pulling toys from the store shelves, the sending back the recalled products con- million. daycare center floor or the drawer tained lead levels four times higher To put that in some perspective, under the kid’s bed. than legally allowed, leaving parents of California has standards right now of This I actually heard from my toddlers across the Nation to deal with .04 for children’s toys and .02 for jew- friends. Because once these recalls hap- a double recall. All of these toys are elry. The voluntary ban that is not pen, every parent runs to the kid’s manufactured in China. even mandatory right now that the room and says: Okay, I have got to find The burden should not fall on parents Consumer Product Safety Commission the toy that has been recalled. Now, or kids to tell if a toy train is coated uses is at .06. We have worked with pe- how are you going to tell the difference with lead paint or if a toy has been as- diatricians, we have worked with con- between the brunette Barbie doll, the sembled so shoddily that it will come sumer experts. We set this at a very blonde one, the one that had this outfit apart in a toddler’s mouth. How would smart standard of .03 percent of trace on. This is practical when you are a a parent ever think an Aqua Dot would levels. That ceiling would take effect mother. How are you going to tell the contain the date rape drug? in 1 year, allowing retailers and manu- difference between this caboose or this I think it is shocking for most par- facturers to comply; 2 years later the box car? So they are looking at these ents when they realize we never have legislation would then further drop the toys trying to figure it out, putting had a mandatory ban on lead in chil- amount of allowable lead in children’s them up to the Web site. Because, dren’s products, all we have had is this products to .01 percent of the total guess what, there is no batch number voluntary guideline. It is shocking that weight of a part or 100 parts per mil- on these toys. until this legislation is passed, the lion. I have to tell you, most parents, Consumer Product Safety Commission Now, if the CPSC finds you can actu- when they get their kid a toy, do not cannot actually enforce a lead ban in ally go below the threshold, which a lot keep the packaging. My mother-in-law children’s toys. of pediatricians have argued we can do may be an exception to that, but most In response to a series of letters I in this country, that we can even get parents do not keep the packaging. So wrote to Chairwoman Nord in August down to zero lead, that would be great. what this legislation does is it says:

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.014 S04MRPT1 smartinez on PRODPC61 with SENATE S1498 CONGRESSIONAL RECORD — SENATE March 4, 2008 The batch number will be on the toys 2007, we have seen 28,773,640 recalls, all The ACTING PRESIDENT pro tem- whenever practical. They are not going toys that either were in parents’ homes pore. Is there objection? to go on a pick-up stick, but whenever or were sitting there on the toy shelf Mr. PRYOR. Reserving the right to practical, the batch number will be on ready to be bought. object, as soon as he finishes his 10 the toys so when there is a recall, the Let’s look at a comparison so you minutes on his amendment, we will go parent is going to be able to figure out can see why. It doesn’t take a rocket back to the pending amendment. which toy it is, and also the batch scientist. Probably my 12-year-old Mr. CORNYN. I agree with that. number is going to be on the pack- daughter would see what is going on. The ACTING PRESIDENT pro tem- aging. When you look at this comparison, in pore. Without objection, it is so or- Why do we need this? Because we do 1980, you had only 681,000 toys recalled. dered. know that large retailers such as Toys Then you go up to 2007, where you had The clerk will report. ‘‘R’’ Us and Target, the minute there is 28 million recalled. Look at the staff The legislative clerk read as follows: a recall, they have been very good comparisons. When you have 681,000 The Senator from Texas [Mr. CORNYN] pro- about stopping all sales; they do it toys recalled, the staff is up here at poses an amendment numbered 4094. through their computer system. 1,000. When you have 28 million toys Mr. CORNYN. I ask unanimous con- Well, some of the smaller mom-and- being recalled, you have a staff that is sent that reading of the amendment be pop retailers do not have that capa- half of what it used to be. So there is dispensed with. bility, not to mention eBay and those a graphic depiction of what we are The ACTING PRESIDENT pro tem- kinds of things. So we want to make dealing with. pore. Without objection, it is so or- sure the batch number, in this legisla- What does this legislation do? It puts dered. tion, requires it not only be on a toy 50 more staff at U.S. ports of entry in The amendment is as follows: but also on the packaging. the next 2 years to inspect toys and (Purpose: To prohibit State attorneys gen- This legislation, though, does a lot products coming into the country. Not eral from entering into contingency fee more than ban lead in children’s toys only does this bill give the CPSC the agreements for legal or expert witness and to help parents identify recalled necessary funding and staff, it also services in certain civil actions relating to toys. It brings consumers the protec- gives the commission the ability to en- Federal consumer product safety rules, tion that has been lacking for almost force violations of consumer product regulations, standards, certification or la- two decades. As we all know, the safety bills. We have seen too many beling requirements, or orders) CPSC’s last authorization expired in headlines this year to sit around and On page 58, strike lines 4 through 7 and in- 1992, and its statutes have not been up- think about this problem and say: It is sert the following: dated since 1990. just going to solve itself. The market ‘‘(g)(1) An attorney general of a State may not enter into a contingency fee agreement Not surprisingly, the marketplace for will take over. consumer practices has changed sig- for legal or expert witness services relating The market has been broken. The to a civil action under this section. nificantly in the last 16 years. And we CPSC has been broken. This is the time ‘‘(2) For purposes of this subsection, the have seen through recall after recall that Government comes in, which is term ‘contingency fee agreement’ means a how ill-equipped the Consumer Product reasonable, and works with business, as contract or other agreement to provide serv- Safety Commission is to protect con- we have done. I am proud of the work ices under which the amount or the payment sumers. Today, the Commission is a Toys R Us has done with us, as well as of the fee for the services is contingent in shadow of its former self, although the Target, which has always been helpful whole or in part on the outcome of the mat- number of imports has tripled, tripled in working with us. They know it has ter for which the services were obtained.’’. in recent years. had an effect on their bottom line. Mr. CORNYN. Mr. President, I con- So what you have seen is a tripling of Here is what this bill does. We can gratulate my friends, Senator PRYOR imports, products coming in, and then beef up this agency that has been lan- and Senator STEVENS, the principal co- what have you seen with the staff? guishing for years. We can put sensible, sponsors of this legislation. I had the Well, have you seen quite a drop in the responsible rules in place that make it great pleasure of working with Senator staff. The CPSC staff has dropped by easier for them to do the job. This is PRYOR when he and I both were State almost half, falling from a high in 1980 not just numbers on a chart. This is attorneys general. As such, we were the of 978 people who worked there. Okay. about a little kid that just in the last chief consumer protection officers for Well here we go, 978 people. And what year, in the year 2007 in the United our States and our citizens. I believe do we see in 2007? Well, we have 393 States, could swallow just a little toy, strongly in the importance of strong today. You wonder how are these date which kids have done for centuries, and consumer protection laws. I believe drugs getting into our system, getting end up in a coma, unconscious from a this bill actually does something posi- on to our shores. You don’t have the date rape drug. This bill is about num- tive by adding to the resources avail- staff adequate to monitor these toys. bers. This bill is about our economy. able to the Federal Government by au- So while you have seen a tripling of But more than that, this bill is about thorizing the State attorneys general imports coming from China and other these kids. under some circumstances to help places, you have seen an enormous de- I urge my colleagues to support it. I make sure consumers are protected and crease in the staff that regulates them. thank Senator PRYOR and the other the laws are enforced. In fact, much has been made of a guy members of our committee for their There is also a concern I have. That named Bob who is the only official toy leadership. has to do with the use of outside coun- inspector at the CPSC. He is retired. I see Senator DURBIN from Illinois. I sel when it comes to filing legislation He was out in a back room testing toys thank him for his great leadership on on behalf of a sovereign State such as by dropping them to the ground. He this bill. It is the most significant con- the State of Texas, the State of Arkan- had all these toys on his desk. That is sumer safety legislation in our genera- sas, or the like. We have seen examples what we are dealing with, while we tion, as the Wall Street Journal has of abuses in the past where State attor- have seen a tripling of imports and said. We have an opportunity, and we neys general have essentially trans- toys and jewelry that have tested to be must work swiftly. ferred their authority to outside law- 99 percent lead. I yield the floor. yers and paid them a contingency fee What have we seen now with the re- The ACTING PRESIDENT pro tem- based on whatever the value is of what calls? We have actually seen a huge in- pore. The Senator from Texas. they were able to recover by way of a crease in the number of recalls. As you AMENDMENT NO. 4094 judgment or settlement. This, unfortu- know, part of it is because finally you Mr. CORNYN. Mr. President, I have nately, has created an anomaly under have had the businesses, once this hit conferred with the distinguished Sen- our system of government where we the streets and was all over newspaper ator from Arkansas, the bill manager. I have nonelected, nonaccountable pri- headlines, saying: We finally better ask unanimous consent to set aside the vate sector lawyers who are essentially start testing these products more fre- pending amendment, call up my making decisions on behalf of a sov- quently, which was a good thing. But amendment No. 4094, and ask for its ereign State. If the people of my State, we have seen in 1980, 681,300 recalls. In immediate consideration. for example, don’t agree with what

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.016 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1499 they are doing, they essentially have rules with regard to contingency fees. portunities to bring them up. But I no right nor ability to hold them ac- We want attorneys general to bring hope this bill can pass this week, that countable or to demonstrate their dis- civil cases to protect the public inter- we have an honest debate on the merits pleasure with what these outside coun- est not to create a windfall for private of the bill, and then bring it to passage. sel have done. sector lawyers. I believe this also is I support the bill. I thank Senator There is also a tremendous—and, consistent with Executive order No. PRYOR. frankly, tragic from a historical per- 13433 of May 16, 2007, that prohibits the Senator PRYOR of Arkansas has been spective—abuse of this contingency fee Consumer Product Safety Commission a leader on this issue. He has done an arrangement when it comes to outside and other Federal agencies from enter- extraordinarily good job making this a lawyers. In my own State, my prede- ing into contingency fee arrangements bipartisan bill. All of us read the sto- cessor, as attorney general, got caught with private lawyers, and the same ries last year about toy safety. Many up in one of these tragedies—there is standard should apply to State attor- parents came up to me in Illinois and no other word to describe it—and actu- neys general under this bill’s new en- said: What am I supposed to buy this ally served time in the Federal peni- forcement authorities. year? Is everything dangerous? If it tentiary for directing some of the pro- I have talked to my friend, Senator says ‘‘made in China,’’ am I supposed ceeds in the tobacco litigation to a PRYOR, former attorney general of the to stay away from it? friend, an outside lawyer in the case, State of Arkansas. We have had a I didn’t have a good answer. I something that, obviously, he should lawyerly discussion about why would couldn’t recommend toys. That is not not have done and for which he has we want to ban contingency fee ar- what I do for a living. paid a high price. But it demonstrates rangements when the only authority I have to tell you, a lot of the stories the type of temptation and, indeed, the given to them under the statute is to that were coming out in the news- potential for corruption that exists seek an injunction and not recover papers were troubling, not just for par- when an elected official abdicates their money damages or fines. The fact is, ents but for grandparents such as me. responsibility and essentially hands it creative lawyers can come up with Magnetic toys, I never had those when over to a private individual who is not ways to create a fee arrangement, even I was a kid. All we had were Lincoln accountable in a way that elected offi- where only injunctive relief is sought. Logs and Tinker Toys and all kinds of cials and public stewards of the public There is a case that he and I talked stuff like that—erector sets. But these trust are. about where basically what happened is were little objects that could stick to- What this amendment does is say the the contingency fee was calculated fol- gether with magnets. Kids could build State attorneys general who are au- lowing an injunction based on what them into huge forms. My grandson thorized under this legislation to seek complying with that injunction would loved them. He had boxes full of this an injunction in Federal court to en- cost the defendant. Some percentage of stuff and he would make these huge force Federal law—something I sup- that cost was then calculated as a con- things with his dad, and always wanted port—should play by the same rules re- tingency fee. Ironically, in that case it more. garding the recovery of costs and at- wasn’t the defendant who paid that fee, Well, I bought it—something to bring torney’s fees. Section 20(g) of the bill it was the taxpayers of the State, in a around at Christmastime—and did not awards costs and attorney’s fees when- further sort of ironic twist. There is a realize, until the newspaper stories ever the attorney general of the State way for contingency fees to be cal- came out, this toy was a danger. Be- prevails in any civil action under Fed- culated, even where the only authority cause the reason it worked is, it had eral consumer protection laws. But the granted is to seek an injunction. these tiny, little, rare earth magnets. word ‘‘prevails’’ is not defined. Under Finally, it is important that the Sen- It looked like a pill, a little black pill. the Consumer Product Safety Act and ate send a strong message about con- They were on the end of these sticks of the Flammable Fabrics Act, the Fed- tingency fee arrangements with out- plastic, and that is what kept all this eral Government can go to court to side counsel under these circumstances toy structure together. seek an interim or preliminary injunc- for the purposes of this act because we It turned out in the earliest design of tion against a company pending a de- know the Senate will not be the final these Magnetix toys, if a kid threw it termination by the Consumer Product word on this—there will be a con- on the floor, stepped on it, whatever— Safety Commission whether a product ference committee—a strong statement ran over it with a bicycle—the little violates either act. State attorneys by the Senate that while we believe magnet could pop out. And that little general would be granted the same au- that State attorneys general can per- magnet, for my grandson, who was a thority under section 20 of the bill. form a useful function in seeking in- little older, was not a problem. But for I support that because I think the ad- junctive relief, that we should not put tiny children, it turned out to be a big ditional resources over and above what them in a better position than the Con- problem. If they popped it in their the Department of Justice and the Fed- sumer Product Safety Commission, nor mouth—which little kids, crawling in- eral Government currently have will should we see the kind of abuses that fants would do—and swallowed it, and help us be more vigilant when it comes can occur with hiring outside counsel swallowed more than one, those two to protecting consumer safety. But to under contingency fee arrangements. magnets could come together inside charge costs and attorney’s fees I thank the distinguished Senator their body and cause serious obstruc- against a defendant based on a court’s from Arkansas. I congratulate him on tion in their intestines, forcing surgery preliminary finding and before the his good work. to take care of it, and in the most ex- Consumer Product Safety Commission I yield the floor. treme cases killing a baby. determines whether any law was vio- The ACTING PRESIDENT pro tem- That was the reality of a badly de- lated would be clearly unjust. pore. The Senator from Illinois. signed toy on sale in the United States. The Consumer Product Safety Act al- Mr. DURBIN. Mr. President, let me The Chicago Tribune did a front-page ready has standards governing when thank my colleague from Texas for story on it. That is when I first started the Consumer Product Safety Commis- coming to the floor and offering an paying attention to this more closely, sion can be awarded costs and attor- amendment. I don’t know if I will be because I thought ‘‘I bought one of ney’s fees. So my amendment would able to support it, but I do commend these for my grandson, and it is a dan- make sure these same standards would him because the amendment clearly re- ger’’—at least it is for smaller children. apply to State attorneys general who lates to the bill, a very important bill, The Chicago Tribune told the story in would be authorized to seek an injunc- and it draws us into something peril- a very good series, about what hap- tion under the act, that they would be ously close to debate which hardly ever pened when they discovered this toy no better off and no worse off but actu- happens on the floor of the Senate. I was dangerous. ally in the same shoes as the current hope the spirit in which he has offered What happened added to my sense of standard for the Consumer Product this amendment will be respected on urgency to deal with this issue. Be- Safety Commission. both sides of the aisle. cause no sooner did this hazard appear My amendment also requires State I know there are many pressing than the lawyers appeared, and the attorneys general to play by the same issues facing us in Congress and few op- lawyers took these toys and went to

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.018 S04MRPT1 smartinez on PRODPC61 with SENATE S1500 CONGRESSIONAL RECORD — SENATE March 4, 2008 their legal playground and played with So we are hoping in this bill—and I it may go to an underwriter’s labora- them for month after month after commend Senator PRYOR—to see a tory that is open in China that has month, while they were still being sold steady increase in the number of em- been certified by the United States as a across America. That has to stop. If ployees and inspectors at this agency reliable laboratory, and they will have there is a dangerous toy in America, in the hopes that when we get this to give a seal of approval before it is you cannot expect every family to do a done, at the end of the day we will have shipped to the United States. That, to test. You cannot expect every family enough people to do the job. me, makes a lot of sense. It is a way to to be able to certify safety. They ex- When you look at the millions of dol- use our money wisely and to avoid this pect the Government to do that. That lars worth of toys brought into the kind of sad situation here where you is what we are supposed to do—the United States, and all the attention we cannot believe this is going to result in Consumer Product Safety Commission. paid to those toys, there is a legitimate a reliable process. When they do not do their job, it puts question about: Well, how many people The funding increases in this bill are families and children at risk. So this out of about 400 at the Consumer Prod- important, but even more important, law we are currently trying to amend uct Safety Commission were actually from my point of view, is to make sure may have been good many years ago. inspecting toys? Well, it turned out this Consumer Product Safety Commis- Today it is not up to the challenge. that when it came to certain types of sion is run by people who care, who Senator KLOBUCHAR of Minnesota has toys, such as these loose magnets and want this to work. It is sad. There are been another great ally of Senator that sort of thing, there was basically supposed to be five members of this PRYOR on this effort. She had a chart one man. His name was Bob. I had a Commission. Unfortunately, there are earlier, and I want to show you kind of picture of Bob standing at his inspec- only two who are currently serving. a version of it, if you will. This is a lit- tion station which I had back in the This Commission under current law tle bit different chart than hers. It in- cloakroom and somebody took it. I has to negotiate press releases with dicates the number of imports coming wish I could have brought it out here companies. If you find a Magnetix toy into the United States. because Bob became kind of legendary. with a magnet that a child can swallow I talked about toys, but we are con- and can have terrible health con- Bob has since retired. He is retired cerned about the safety of all prod- sequences and want to take the prod- from the Federal Government. But we ucts—electronic products and so many uct off the shelf or recall it, it turns did manage to save a picture of Bob’s others—coming into the United States. out to be a battle royal between law- You can see from the chart, starting workspace. Shown in this picture is Bob’s testing yers even negotiating the wording of back in the 1970s and all the way up to laboratory for toys imported into the the press release. While all this is today, this dramatic surge in the num- United States. That is not a real con- going on, unsuspecting families are ber of imports. Now, this may be hard fidence builder. It looks like my work buying these toys. Now Senator PRYOR for people to see, but here are the num- in this bill is going to expedite this bench in my basement in Springfield, bers of full-time employees at the Con- process. IL. In fact, that work bench looks a lit- sumer Product Safety Commission— Secondly—and this is one that I reaching a high number of about 1,000 tle better, when I think about it. This think is essential—we have to fine employees in 1980, it looks like, and is a mess. His toolbox is over here, and those who violate this law in a manner then this steady decline of employees, there is a bunch of toys stacked up. where they will pay attention. If you Bob, the Federal inspector of toys for until we are down around 400 employ- have a product you continue to sell the United States of America—he was ees today. So here is a surge of im- that is dangerous, that is on recall and making do with what he had, and it ported products, and a dramatic de- you sell it anyway but figure: My com- was not a lot. What he did was draw cline, by more than 50 percent, of in- pany will make enough money that I this little line on the wall about 3 feet spectors. Well, what is going to hap- can pay the fine and live through it to pen? Fewer products are inspected, up, and then he drew another one at see another day, that is not a good out- fewer unsafe products are detected, and about 6 feet up, and he would take come—certainly not for the consumers there is more danger in the market- these toys out of the boxes and drop across this country. place. them on the floor to see if they broke So what Senator PRYOR in this bill There was kind of a popular cliche on open. That was one of Bob’s impact does is to increase the fines to a level Capitol Hill back in this era: Get Gov- tests in his laboratory. I do not want to where they truly are meaningful, and ernment off my back. Well, this is an make light of Bob’s contribution to companies will have to think twice be- example of where a safety agency fell safety in America, but I will bet you fore they would consider selling a prod- victim to that mentality and dramati- families across America thought it was uct that is facing recall. cally reduced its staff, at a time when a little different process that led to an This package also over time in- it should have kept up with the im- inspection of a toy that might end up creases the authorization level for the ports to protect American citizens. in the hands of their child if they agency. It strengthens civil and crimi- That is what I think troubles many of bought it in a store in America. nal penalties. It requires third-party us. The good part about Senator PRYOR’s certification and testing, as I men- I am the chairman of the Appropria- bill that I am happy to cosponsor is tioned. It makes it mandatory for man- tions subcommittee for the Consumer that he goes after this whole labora- ufacturers of toys and children’s prod- Product Safety Commission. We in- tory inspection process. We should not ucts to comply with accepted safety creased the President’s request for this and cannot build enough laboratories standards. It bans the presence of lead agency, I believe from $62 million to $80 in the United States owned by the Fed- in all children’s products. My hat is off million in this year—that is an $18 mil- eral Government to inspect every prod- to Senator KLOBUCHAR. She has been a lion increase in real terms, about 30 uct that comes into our country, but great leader on that issue. It allows for percent—and said to the agency: Now we can certify laboratories in other parents to have faster access to injury staff up. Put the inspectors in place. countries that are recognized to be pro- reports and other information to help Protect the consumers across America. fessional and trustworthy—that is a alert parents to product safety risks. It I suppose we could have given them good investment—and then make sure improves the way this Commission more, but I am a little bit reluctant, that the products go through these lab- conducts its business. having watched the process for a num- oratories, and make sure when they It allows State attorneys general to ber of years, to put too much money come to the United States we can iden- enforce product safety law in specified too fast into an agency. I am afraid tify where they came from, when they instances. I believe it is only injunc- many times they do not hire the best were produced and, if there is a prob- tive relief they can seek, and only if people and they cannot adjust to lem, trace them back. the Consumer Product Safety Commis- change. Thirty percent, I think, is So Senator PRYOR’s bill moves in the sion and Federal agencies do not move probably tops out of what you can do in right direction: more inspectors here, forward to protect the consumers. It any given year without running some but people also to certify laboratories restores the Consumer Product Safety real risks, and even that has to be care- in the countries of origin. If there is a Commission to a five-member Commis- fully monitored. toy coming from China, as an example, sion, which it should be.

VerDate Aug 31 2005 00:02 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.020 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1501 I hope my colleagues will look at this awful lot of products, many products Senator KLOBUCHAR has shown great bill closely and realize we are doing which we buy every day, trusting this leadership when it comes to this issue. something that is rare. We are taking a Government to put its seal of approval This is a very personal issue with Sen- law that has not been touched for 18 on and some inspection behind it. We ator KLOBUCHAR. These recalls and in- years and bringing it up to speed. have to meet our obligation to people juries and even deaths of children have Eighteen years ago, as my chart who count on us to make sure that gov- affected some families in her State, but showed earlier, imports were at a very ernment does its job in an effective, ef- she has taken this on as a very impor- low level. Imported products have risen ficient, and dollar-efficient way. Unfor- tant personal issue that just so hap- dramatically. We have to rise to the tunately, this agency has fallen behind. pens to be good for the country. challenge. It is heartening this bill As it fell behind, so did some of the I also wish to thank Senator DURBIN Senator PRYOR brings to the floor, confidence of American consumers for his leadership. He has been involved along with Senator STEVENS, Senator about products on the shelves. in this legislation since the beginning. COLLINS, Senator INOUYE, myself, Sen- I also think we ought to work with He has given a lot of wise counsel over ator KLOBUCHAR, and so many others, foreign governments. The Chinese the course of this legislation. He has a has a broad coalition of groups sup- came to see me repeatedly during the very strong passion about this issue. porting it: the Consumer Federation of last holiday season and said: We have He also has been able to, as he men- America, the American Association of gotten the message. We are going to tioned, talk with Toys R Us and have Pediatricians, and Consumers Union, straighten this out. I am hoping they them come in as one of the largest toy to name a few. One of the CPSC Com- live up to that promise. retailers, to allow them to show some missioners, Mr. Moore, has endorsed Also, in fairness to China, for exam- leadership in the retail industry, which this legislation, and a number of State ple, which has been the butt and focus I think has been very helpful and very attorneys general. of many of the critiques when it comes positive in the last few days. Passing a strong, consumer-oriented to imports, the fact is that many of the Lastly, I wish to mention Senator bill such as this is the next step in toys they sold were designed by Amer- JOHN CORNYN. Again, we are going to safeguarding consumers. I do not think ican companies, and those companies look at his amendment to see if it is American families should ever have to need to be held responsible for the toy something we can agree to. I have a go through a Christmas or holiday sea- design that the Chinese actually imple- few traps running over here, but I told son as they did last year wondering if mented. Senator CORNYN a few moments ago products on the shelf are safe for their The last word I will say is for special that we would definitely give his kids. If history is our guide, we may recognition to two companies which, amendment a very serious look, and not have the chance to revisit these during the midst of this toy scandal, maybe it is something we could work policies if we do not pass this bill right did the right thing as corporate citi- on and work through and maybe attach now. zens of America—one was the chain to the bill. But I have some work to do I want to thank a number of individ- Toys R Us, and the other, a major toy on my side. uals who played a significant role in maker, Mattel—when this story came I wish to say a few words about one helping me work on this issue and help- out. The CEOs of both of those compa- provision of the consumer product safe- ing others: Rachel Weintraub, who was nies contacted my office and said: We ty legislation we are working on right at the press conference yesterday for are going to work with you. We are not now. It has to do with the Commis- the Consumer Federation of America; going to run away from this issue. We sioners. This is an agency that, when it Ami Ghadia and Ellen Bloom of the know that if American consumers was formed in the 1970s, had five Com- Consumers Union; Ed Mierzwinski with don’t have faith in our stores and in missioners. No one can really tell us U.S. PIRG; David Arkush and Mike our commitment to them, it will not why, but sometime in the 1980s or 1990s, Lemov from Public Citizen; Cindy only hurt our sales, but it will put fam- it went down to three Commissioners. Pelligrini with the Association of Pedi- ilies in jeopardy. It may have been an appropriations atricians; Nancy Cowles with Kids in Jerry Storch from Toys R Us was at issue, and it was perhaps a pragmatic Danger; and Patricia Callahan and the press conference yesterday. I com- decision at the time. No one is really Maurice Possley with the Chicago Trib- mented that in the old days, corporate sure about that. However, I feel strong- une. The last two did an exceptional strategy used to be duck and cover. If ly—and I have talked to several col- job as reporters. This was journalism a scandal emerges involving your com- leagues, and they see the wisdom in at its best. They told a story—a grip- pany or your products, you duck the this—that we really need five Commis- ping story—well documented, which press and you try to cover it up. Jerry sioners on the CPSC. The reason is be- caught the attention of this legislator, Storch didn’t do that. He stepped right cause the CPSC deals with over 15,000 which led me to take this issue more up and said: Toys R Us is going to work types of products. It has a huge amount seriously. My hat is off to the Chicago with you to make sure the products are of jurisdiction that is really too much Tribune, Patricia Callahan, and Mau- safe. He kept his word and came to the for three Commissioners to handle. rice Possley for their work on this press conference yesterday. In fact, I have had the opportunity to issue. The same thing is true with Mattel. I talk to Commissioners from the Fed- Finally, let me say this: Passing this think they are genuinely committed to eral Trade Commission and the Federal law is not the end of the story. My Ap- the safety of kids and families, and I Communications Commission, as well propriations subcommittee is going to thank them for their leadership, as as former Commissioners from the call the Consumer Product Safety well as others, but those two really im- CPSC. All of them agree that given the Commission in. We are going to keep pressed me, that they would do the broad jurisdiction the CPSC has, it an eye on them. We are going to make right thing from a corporate viewpoint. would be very helpful to have five Com- sure that taxpayers’ dollars are well I hope consumers across America will missioners. For one thing, it gives a spent, that there is no question in the hold them to their promise, and if they broader variety of perspectives and minds of those who are running this keep it, we will reward them with our opinions, but another thing that hap- Commission about what Congress business. They deserve it. pens as a matter of practice is the five wants to achieve with this new author- Mr. President, I yield the floor. Commissioners, whether by design or ity and these new resources. If there is The ACTING PRESIDENT pro tem- because it just happens this way, tend push-back and resistance from this pore. The Senator from Arkansas is to start to specialize in certain areas. agency to change, they are in for a bat- recognized. Again, given the 15,000 types of prod- tle. I hope we do not see that. Mr. PRYOR. Mr. President, I ask ucts the CPSC oversees, we could un- I think American consumers want to that we return to the regular order. derstand how we might need a little bit know the toys and products they buy The ACTING PRESIDENT pro tem- of specialization and we might need the off the shelves across America are safe pore. Amendment No. 4090 is pending. Commissioners to focus on specific for their families and safe for their Mr. PRYOR. Mr. President, I wish to areas because it will help the Commis- kids. We focused on toys, but it is not thank my two colleagues who just sion be stronger overall. So we change the end of the story. There are an spoke—really, all three. the law in our legislation. We go from

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.021 S04MRPT1 smartinez on PRODPC61 with SENATE S1502 CONGRESSIONAL RECORD — SENATE March 4, 2008 the three-Commissioner setup we have current system. Hopefully we will be like to get this legislation wrapped up today and we move it to five Commis- able to measure in the number of inju- this week. So far, the cooperation has sioners. We return it back to the way ries and in the number of deaths and been excellent on both sides. the Commission was originally de- even the number of recalls that happen Again, I wish to commend Senator signed. We feel as though this will be a and the amount of litigation—we hope DEMINT and Senator CORNYN for com- very positive development. all of that will go down when it comes ing down and offering and addressing As part of this issue as well—in a lit- to consumer product safety. Hopefully, amendments that are germane. One of tle different section of the bill but we will be able to look back and see the concerns I had is that we might see nonetheless related—I believe and the this as a good piece of legislation. the floodgates open up on this legisla- cosponsors believe we need to reauthor- Mr. President, I yield the floor. tion and come in with all kinds of non- ize this Commission for 7 years. Part of The ACTING PRESIDENT pro tem- germane amendments. So I thank col- that is because we need to help retool pore. The Senator from South Carolina leagues on both sides of the aisle for and rebuild this Commission over a is recognized. keeping the amendments germane and several-year period. AMENDMENTS NOS. 4095 AND 4096, EN BLOC on point. One of the things we make very clear Mr. DEMINT. Mr. President, I ask Mr. President, I note the absence of a in the legislation is we don’t try to fix unanimous consent to set aside the quorum. everything on day one. There is a lot pending amendment and call up two The ACTING PRESIDENT pro tem- that needs to be fixed, a lot that needs amendments I have at the desk. They pore. The clerk will call the roll. to be addressed, but as a practical mat- are amendments Nos. 4095 and 4096. The assistant legislative clerk pro- ter, realistically, we can’t fix every- The ACTING PRESIDENT pro tem- ceeded to call the roll. thing in 1 day. Rome wasn’t built in a pore. Is there objection? Mr. PRYOR. Mr. President, I ask day, and you can’t rebuild the CPSC in Mr. PRYOR. Mr. President, reserving unanimous consent that the order for one fiscal year. What we are trying to the right to object, I am sorry, what the quorum call be rescinded. do is phase this in over time and make were the two amendments? The ACTING PRESIDENT pro tem- sure we do it the right way, make sure Mr. DEMINT. If I can respond to the pore. Without objection, it is so or- we do it the smart way. That is why I chairman, two amendments—one is the dered. believe that a 7-year reauthorization House bill, which is 4095, and the other f makes good sense under the cir- relates to the whistleblower provision, RECESS cumstances. which is 4096. The last point I wish to make this Mr. PRYOR. I am sorry. Was the re- Mr. PRYOR. Mr. President, I ask afternoon, or at least right now, is that quest just to talk about those? unanimous consent that the Senate stand in recess until 2:15. we have a provision in this bill that I Mr. DEMINT. No. They are at the think will really benefit families in a desk. I wanted to call them up and There being no objection, the Senate, very practical way; that is, we have a speak about them later. at 12:28 p.m., recessed until 2:15 p.m. provision in this legislation to put Mr. PRYOR. Call them up and then and reassembled when called to order identifying marks on products. go back to the pending amendment? by the Presiding Officer (Mr. CARPER). We have all been in the situation Mr. DEMINT. Yes. f where big brother gets a G.I. Joe or The ACTING PRESIDENT pro tem- THE CONSUMER PRODUCT SAFETY whatever it may be and passes it down pore. Without objection, it is so or- to little brother, or your daughter gets COMMISSION REFORM ACT—Con- dered. tinued a set of dolls from a neighbor whose The clerk will report. The PRESIDING OFFICER. Who kids don’t play with those dolls any- The assistant legislative clerk read seeks recognition? The Senator from more, or whatever the case may be, and as follows: we never even saw the original pack- North Dakota. The Senator from South Carolina [Mr. aging on a lot of that stuff. We don’t Mr. DORGAN. Mr. President, I have DEMINT] proposes amendments numbered know when it was made. We don’t 4095 and 4096. an amendment I wish to offer. I will know how old it is. We don’t know any- not do it at this point because in order Mr. DEMINT. Mr. President, I ask thing about it. All of a sudden, we read to offer the amendment, I have to ask unanimous consent that the reading of something in the paper or see some- unanimous consent that the current the amendments be dispensed with. thing on television about a recall. amendment be set aside. I will describe The ACTING PRESIDENT pro tem- Right now, we don’t have any way of at least what I am intending to offer. I pore. Without objection, it is so or- knowing whether it is this particular am going to speak for a couple of min- dered. utes because there will be time later to toy that has been recalled. (The amendment (No. 4095) is printed So what we are trying to do is set up consider this amendment. in today’s RECORD under ‘‘Text of a regime here where—and by the way, This amendment does not deal di- Amendments.’’) we worked with the manufacturers on rectly with the underlying legislation. The amendment (No. 4096) is as fol- this to make sure this is a practical, It certainly deals with consumers and lows: sensible solution, and we think it is— this bill deals with consumers. I first but to actually stamp the products (Purpose: To strike section 21, relating to applaud my colleague from Arkansas whistleblower protections) with different identifying numbers, for the work he has done on the bill. I maybe batch numbers, lot numbers, Beginning on page 58, strike line 11 and all have a couple of amendments to the that follows through page 66, line 9. whatever—not to get into all the tech- bill that I will offer as we move along. nical aspects of it—so that when there Mr. DEMINT. Mr. President, I yield But this amendment that I wish to is a recall, when there is a problem, or the floor. offer deals with something else that is there is some sort of hazard that has AMENDMENT NO. 4094 urgent and important, and either I get been identified, families can look at Mr. PRYOR. Mr. President, I ask to it done on this bill or the next author- their product, look at their toys, and return to the regular order. ization bill that comes along. know if that is a product that is sub- The ACTING PRESIDENT pro tem- The price of oil is somewhere around ject to recall. pore. The amendment is pending. $103 a barrel at this point. It is bounc- So we are trying to be very practical Mr. PRYOR. Mr. President, I think ing around up in that stratosphere, and in how we approach this. We are trying we have some colleagues who may be the price of gasoline, depending on to beef up the number of Commis- on their way to the floor shortly. I where one lives, is $3, $3.25, $3.50, some sioners. We are trying to make this a 7- would encourage our Senate colleagues analysts say going to $4 a gallon. Even year reauthorization, but we are also to come to the floor and offer amend- as the price of oil has ratcheted way trying to do things that help families ments if they have amendments or up, this Government of ours and the make the determination to keep their offer constructive suggestions if they Department of Energy is taking oil families safe, and this is something have those or even if they just want to from the Gulf of Mexico by awarding which I think has been lacking in the come down and speak. We would really royalty-in-kind contracts to companies

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.022 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1503 with to the Federal Government. In- tionship of oil. It is about speculators I understand my colleague from Wyo- stead of putting this oil into the supply who are driving up the price of oil and ming is seeking recognition. I yield the pipeline by allowing companies to sim- a futures oil market that is rampant floor. ply sell it, our Government is actually with speculation. The PRESIDING OFFICER. Who putting oil underground in the Stra- Even as that is occurring and we see seeks recognition? The Senator from tegic Petroleum Reserve. oil bouncing at $103 a barrel, we have a Wyoming. I support the Strategic Petroleum policy in the Federal Government to Mr. BARRASSO. Mr. President, I ask Reserve, but I do not support filling it take oil from the Gulf of Mexico and unanimous consent that I be allowed to when oil is $103 per barrel. Putting stick it underground. That makes no speak in morning business for not more 60,000 to 70,000 barrels per day, every sense to me at all. What we ought to be than 10 minutes. single day, underground makes no doing is, the royalty-in-kind oil we get The PRESIDING OFFICER. The Sen- sense at all. That puts upward pressure from those wells that belongs to the ator is recognized for 10 minutes. on gas prices. The EIA Administrator people of the United States that comes CRAIG AND SUSAN THOMAS FOUNDATION estimated this morning at an Energy to our Government ought to go into Mr. BARRASSO. Mr. President, years and Natural Resources hearing that the marketplace to be sold, to be part from now, young people in Wyoming the Government’s action is raising of the supply system. The Federal Gov- will talk about the many events that prices about a nickel a gallon. The fact ernment gets the money for it because have helped shape their lives—people is, I believe it is more than that. it was the Federal Government’s pay- such as their parents, their friends, and In any event, I do not think we ought ment for that oil as part of the royalty. their teachers, places such as the Te- to be taking oil out of the supply pipe- The oil goes into the supply pipeline tons, Devil’s Tower, and the Wyoming line as a deliberate policy of the Fed- and, as a result of that, we put down- Range, and some will say that Craig eral Government and sticking it under- ward pressure on gas prices. and Susan Thomas helped change their ground in these caverns. That makes Instead, as a matter of deliberate pol- lives. They will say there was a founda- no sense to me. icy, our Government has decided to tion. Almost out of the blue they will This issue came up in the hearing stick it underground in the Strategic say that it gave them a scholarship, this morning. We have had hearings Petroleum Reserve. It is now about that it encouraged them to succeed, previously on this topic. I have indi- 60,000 to 70,000 barrels a day, and it is and that it helped them back into cated I intend to offer legislation. My going to increase to 125,000 barrels a school. And one of those individuals legislation would do two things. It day in the second half of this year. It is will be able to say: I now have a great would say, at least for the next year: oblivious to all common sense to be job, I have a family, and I get to keep Let’s take a pause on sticking oil un- putting upward pressure on gas prices living in Wyoming. These young people derground and taking it out of the sup- as a deliberate policy of the Federal will say: If it wasn’t for the Craig and ply. Let’s take a pause as long as oil is Government. It makes no sense. Susan Thomas Foundation, I don’t above $75 a barrel. When oil is above As I indicated, my amendment would know where I would be today. $75 a barrel, let’s at least, for the next very simply say: Let’s take a pause; We know the Craig Thomas who year, not be taking it out of the supply let’s use a deep reservoir of common fought every day for the people of Wyo- and sticking it underground. sense, take a pause during this year, ming, advocating before each of you Here is what is happening. On this during a 1-year period, that if the price with a Western common sense that is chart, these are places that our Federal of oil remains above $75 a barrel, we legendary, but on the weekends and on Government is now putting oil under- ought not put that oil underground. his time in Wyoming, for nearly two ground—Bayou Choctaw, West The average price, by the way, in the decades, the one thing our friend Craig Hackberry, Big Hill, and Bryan Mound. Strategic Petroleum Reserve of oil Thomas dedicated himself tirelessly to We are getting oil from the Gulf of that has been stored is about $27 a bar- was the young people of Wyoming. Mexico and putting it underground in rel. Why on Earth would you buy oil at Every kid—top of the class, middle of these salt domes. $103 a barrel, put upward pressure on the class or simply in the class—Craig The price of oil is subject to a lot of gas prices, and stick that expensive oil Thomas would want to meet with things including excess speculation underground? It makes no sense. them, would want to talk with them, these days which I have described on I indicated that I do not intend to want to laugh with them. He even the floor of the Senate previously. We speak at length about this amendment. played Hacky Sack with them in his had a hearing on this topic. Here are I have spoken about this before and cowboy boots. He would find out how comments from Fadel Gheit, a top ana- will later. I see Senator BARRASSO from they were doing, what they were think- lyst from the Oppenheimer & company. Wyoming is on the floor. He was part of ing, what they were going to do with He says: There is absolutely no short- the hearing in the Energy Committee their lives. He would tell them to find age of oil. I’m absolutely convinced this morning. He and I talked about out what it was they liked to do the that oil prices shouldn’t be a dime this subject. He and I have some of the best and then do it. above $55 a barrel. Oil speculators in- same concerns. I visited with him, per- Craig believed everyone should be a clude the largest financial institutions haps, about cosponsoring this amend- good citizen, learn as much as possible, in the world are speculating on the fu- ment at some point. and then have a chance to be happy. ture’s market for oil. I call it the With that, I don’t know whether we But for economic reasons, for family world’s largest gambling hall. have been able to clear offering this challenges or just a raw deal, we know He is talking about the futures mar- amendment. I understand not at this some of these kids face tall hurdles. ket on which these prices are made. point. In order for me to offer an Some kids have a harder time, and I call it the world’s largest gambling hall. amendment—in order for anybody to Craig was always there to help. ... It’s open 24/7. Unfortunately, it’s totally offer any amendment I have to ask Many of my colleagues know Craig unregulated. . . .This is like a highway with unanimous consent to set the pending also had a wonderful partner in his no cops and no speed limit and everybody is amendment aside. So if I were to offer mission for Wyoming kids, Susan going 120 miles an hour. that, I understand that has not yet Thomas. A lifelong teacher herself in We have hedge funds that are specu- been cleared. My hope is we will be developmental education, she joined lating every day in a significant way in able to clear it so I will be able to offer him proudly in reaching out to Wyo- the oil futures market. We have invest- this amendment later this afternoon. ming’s youth. Together they did an ment banks that are speculating in the Mr. President, I have spoken with the amazing job. I saw them do it. I know oil futures market. In fact, we now manager of the bill and I will withhold many of my colleagues also saw it read that investment banks are actu- asking unanimous consent to offer this when Craig would bring members of ally buying storage facilities so they amendment that I apparently cannot Susan’s classes through the Capitol can take oil off the market, put it in yet get. However, I would like to come each year. They would come to watch, storage, and wait until the price goes back later this afternoon and hopefully to learn, and to be invited in. up. We have not had that before. This we can clear my offering this amend- Craig and Susan inspired kids across is not about a supply-and-demand rela- ment. Wyoming and kids right in this area

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.028 S04MRPT1 smartinez on PRODPC61 with SENATE S1504 CONGRESSIONAL RECORD — SENATE March 4, 2008 too. When Craig passed, the letters there were a series of newspaper arti- Justice Department and pay another $5 came streaming in. They came from cles, news magazine stories, television, million, $10 million, $20 million, $50 young adults who said that when Craig radio, in addition to Internet stories million, or whatever it may be for en- Thomas told them they could do some- about the excessive number of recalls. forcement personnel, who are Federal thing, that they could be anything Really, this matter came to the employees, or we can turn this respon- they wanted to be, when he helped public’s attention through the toy re- sibility over to the States and allow steer them toward achievement, it call issue. Now, of course the Consumer the States a piece of this so if there are made a difference in their lives. He in- Product Safety Commission deals with problems in their home States, they spired and he improved their lives. a lot more than just toys. Toys are can go after their problems with no Today, March 4, 2008, Susan Thomas very important, and it is a big piece of Federal taxpayer expense. And that is is in Cheyenne to launch the Craig and what they do, but the CPSC does a lot the route we have chosen in S. 2663. Susan Thomas Foundation. It is a more than toys. But this chart shows I know there are some, especially in foundation that will reach out, that the toys, to give a sense of how many the business community, who fear the will search out, that will find the recalls we are looking at every year. attorney general. When I say that, I young Wyoming people who need, as And what we have done is, we have mean the State attorney general. They Susan says it, a leg up in getting back picked one item that would represent have seen what happened in the to- on a horse after falling off. that recall every month. You can see bacco case several years ago. They Technically, it is a foundation that that most months it is four or five re- have seen what has happened in a few serves at-risk kids by helping them calls in that given month. other cases since then, and they fear into programs—programs from cosme- So the CPSC has been very busy. Un- what the attorney general can do, and tology to culinary schools, votech to fortunately, that is part of the prob- will do, given the opportunity. Well, let high tech, mechanical to anything they lem. They are overwhelmed with the me say a couple of things about that. are interested in achieving. marketplace today, and it has been First, I was the attorney general of The Craig and Susan Thomas Foun- very difficult for the CPSC to keep up my State, and I know how that office dation is also ready to identify these with the tremendous number of im- works and I know how attorneys gen- young people through many avenues, ports. eral think and the approach they take through the traditional school systems By the way, every single toy on this to problem solving. I would say that but also through people active in the calendar is from China—every single most attorneys general have resource community. For those people who toy. I didn’t come here to pick on issues like everybody else. They are champion the causes of Wyoming’s China today, but facts are facts. Last strained in terms of how much time young people, the foundation will give year, in 2007, every toy recall was from and attention they can devote to cer- them special leadership awards. China. tain matters. Most AGs—not all but This is a program for kids who may One of the things we are trying to ac- most AGs—have the consumer protec- not qualify for other programs, kids complish in this legislation is to make tion ability in their State offices right who deserve our attention, kids whom sure imported toys meet our safety now. There are very few who don’t. we should not ignore, kids whom our standards. This is a very basic function The other thing that is very impor- Senator Craig Thomas almost instinc- of Government; that is, to provide for tant about the attorney general is, in tively knew how to help, how to lift up. the health and safety and the general the States, the attorney general posi- The Craig and Susan Thomas Founda- welfare of the people. The Consumer tion is a very respected position. If you tion will continue to find them, thank- Product Safety Commission is on the take a poll around the country and ask fully, and to help them. front line of doing that. various people in their States, they This is an exciting day, and con- Now, I want to talk about this again have a high degree of respect for the gratulations to Susan Thomas, who, in a few moments, so I will leave it up attorney general because, by and large, with courage and love, carries on and allow people to look at it if they these men and women have done a Craig’s legacy for inspiration, for hope, want. But before I do, I want to talk great public service for their States. In and for a better life for all of Wyo- about another provision in the legisla- fact, we have to remember, as Members ming’s young people. tion that some have found to be con- of the Senate, these attorneys general We miss Craig very much. We are troversial. To be honest with you, some are elected by the very same people we still touched by his deeds. Good luck, of this controversy is because people are. I think it is 44 States—I can’t re- Susan, and our very best to you. have looked at the previous version of member the exact number—where the I yield the floor. the bill. attorney general is popularly elected. The PRESIDING OFFICER. Who In the previous version of the bill, we There are a few that are not. I think seeks recognition? had an attorney general enforcement Tennessee has the State supreme court Mr. PRYOR. I suggest the absence of provision that was very aggressive and appoint the attorney general. But, re- a quorum. somewhat open, and people were very gardless, most State AGs are elected The PRESIDING OFFICER. The concerned that the attorneys general by the people, and the people trust clerk will call the roll. might go wild, so to speak, and start to them. The assistant legislative clerk pro- initiate litigation and bring lawsuits The other thing I wanted to say ceeded to call the roll. that the CPSC was reluctant to bring. about attorneys general is, in general, Mr. PRYOR. Mr. President, I ask Regardless of how the committee bill the reason the State attorneys general unanimous consent that the order for was drafted, that has changed in this act is because Congress fails to act. We the quorum call be rescinded. legislation. I want to be very clear for saw that in the tobacco case. Several The PRESIDING OFFICER. Without my colleagues and, again, for staff years ago—again, this has been about objection, it is so ordered. members who are watching in their of- 10 years ago now or a little more— Mr. PRYOR. Mr. President, let me fices on Capitol Hill, that has changed there was a bill in Congress to regulate start our conversation this afternoon dramatically. I want to go through tobacco and to fundamentally change about the consumer product safety bill those changes, if I may, very quickly. Federal tobacco law and the national with a chart. I will come back to it in First, when we talk about adding tobacco policy. Again, I don’t remem- a few minutes, but as the camera fo- State attorneys general to this en- ber exactly what year this was—it was cuses on this chart, these are the toys forcement mechanism for the CPSC, we sometime in the mid-1990s, I don’t re- that were recalled in the last year. You are talking about putting more cops on member exactly, but that bill got can see it starts in March of 2007 and the beat or, as someone said the other bogged down. That bill did not make it goes to February of 2008. Represented day, ‘‘more feet on the street.’’ You out of the Congress, and it never be- on this calendar are the record number can call it what you want, but the idea came law. of recalls that we saw last year. I am is that we have a choice to make. If we That was the triggering mechanism sure members of the public recall over want to enforce CPSC decisions, we can for the States’ tobacco litigation to rev the summer months—May, June, July, do it one of two ways: We can hire up. I think it had existed before that, August, and even into September— more people at CPSC and maybe the but once the Congress failed to act,

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.029 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1505 once people here in Washington sumer Product Safety Commission bill But you see tops, you see Sesame couldn’t address and couldn’t resolve we are talking about now not only lim- Street characters, you see little things one of the Nation’s great problems, the its the attorneys general in the two such as building blocks, you see little States acted. And that is the nature of ways I have mentioned, they have to scooters, dart boards, a wagon, you see it. follow the CPSC, and it has to be for all kinds of things. Some of these So one thing I encourage my col- injunctive relief only, but also this re- might have had lead paint, some of leagues to think about is to think quires that the State would serve writ- these may present choking hazards. about our acting and our taking care of ten notice on the Commission 60 days But you can see how busy the Con- the Consumer Product Safety Commis- prior to them filing. So they have to sumer Product Safety Commission is. sion so we don’t see that patchwork actually notify the Commission. Again, part of our legislation is to out in the many States, where State The fourth thing, the fourth out of give them the resources they need in legislators come in with these great five safeguards that are built into this order to do these recalls. But you can ideas about consumer product safety legislation, is that the Commission, if imagine with all these recalls and how legislation, where State AGs don’t try they so choose for whatever reason, busy they are—you know, they are over to get creative and come up with some can intervene in that litigation. here in September of 2007. They do sort of master plan for litigation. Let’s The last thing is that if the Commis- these toy recalls. Well, suddenly it is avoid that. Let’s pass this S. 2663, the sion has a pending action going, the October, and they are working on five States cannot get in that action. Here CPSC Reform Act. Let’s pass this and more. They do not have time to go again, we want to make sure that the allow the State AGs some enforcement back to the State of Arkansas or the CPSC remains in the driver’s seat. One responsibility but also keep this in the State of Delaware or Wyoming or wher- of the myths about this legislation Federal purview. ever it may be in order to go back and that I have heard—and, quite frankly, Let me talk briefly about that. S. enforce what they had been doing in it has been mostly on this side of the 2663 would authorize the State attor- the previous month. They do not have aisle and this is in the business com- neys general to bring a civil action to time for that or have the resources for munity—is if we pass my bill, what is seek—and this is very important—in- that. going to happen is there are going to be junctive relief only for clear violations Again, I think the way we have this 51 different standards out there, there of the statute or clear violations of or- structured is very positive. Let me give is going to be litigation coming every- ders by the CPSC. So I need to be very a few examples of what we are talking where. That is not the case. Again, be- clear. about here. Let’s start with this first cause of Senator STEVENS’ work that What we are talking about is enforce- month, March of 2007. See this airplane he did to make this bill a bipartisan ment only. We are talking about in- right here? The batteries can overheat bill, what we are left with is these very junctive relief only. That means no in this airplane and cause a fire. This tight controls on the attorneys gen- money damages. That is what we are eral. Nonetheless, I think there is animal farm, this little farm right talking about. We are talking about value, good value in the States having here, these little pieces can fall off and the States watching the CPSC, maybe that enforcement mechanism on a they become a choking hazard. This the best example, maybe doing a recall State level. keyboard can catch fire. This easel has somewhere in the State. They find that The other thing I wanted to say be- lead in it. product is still on the shelves; it should fore I turn to this chart is this is not a Then we go over here to April. We see not be. Maybe it is showing up in Dol- new approach. This is not a new ap- on the infant bouncer, which is right lar Stores, maybe some retailers like proach. In fact, for over a decade State here, this little infant chair, a falling small guys or whatever ignoring it. attorneys general have been able to hazard out of the seat. There may have The State attorney general can step in seek injunctive relief under the Fed- been something in the design or con- and get those products off the shelf. eral Hazardous Substance Act, a stat- struction that made children suscep- You all know as well as I do the way ute enforced by the CPSC. This author- tible to falling out of this. that is going to work in the real world ity has not resulted in varying inter- This puzzle has a choking hazard. is the minute the attorney general pretations of law that have been a con- Again, maybe these knobs come off or shows up at that store, they are going cern—if we give the States some au- something will break off, I am not to get those products off the shelves. thority, we are going to have all of quite sure, but a choking hazard; this That is the way it works. these 51 jurisdictions out there doing activities chart, a choking hazard; the It is like a friend of mine told me— all of these different things. That is bracelets that you see here, lead poi- one time I called him up and I was the not the case. We have a 10-year track soning. Again, you can go down this attorney general. He said: Oh, man, my record with the Hazardous Substances list. This infant swing right here is an worst nightmare is to have the attor- Act and the States have not abused it. entrapment hazard. I am going to tell ney general call me at my office be- They have not abused it. So we know you, these entrapment hazards are ter- cause you never know what the AG is the States can play a very important rible stories. I have talked to those going to do. It is like having ‘‘60 Min- role with the CPSC and with the Fed- families before. We had a case in Ar- utes’’ show up in your front lobby or eral Government. kansas a few years ago. It was not with something. And, by the way, there are lots of an item here, but it was with a crib But, nonetheless, that is the way it is other examples—I do not have to get type playpen. I am going to tell you, it going to work. The mere fact that the into all of those right now, but lots of collapsed on the child and choked the States have this authority gives a local other examples where there is a Fed- child. It was terrible. Unfortunately, hammer to the CPSC that they do not eral component and a State component we see that all over the country. have right now. Right now, what we to something where the States are al- This ‘‘Evil Eye’’ eyeball, they are have to do is rely on the Justice De- lowed to do some enforcement or play ‘‘evil eyes’’ because they are full of partment or we have to rely on CPSC a State role, an important State role. I kerosene. It is hard to believe. Seri- employees to turn around and try to think that is what this has as well. ously. Think about that. It is hard to enforce those out in the various States; Let me go to this ‘‘toxic toy’’ cal- believe that any company with any try to track down all of these products endar again. Here again you see these sense at all—I mean, unbelievable— wherever they may be. toys that look very familiar, like would actually put kerosene in the lit- It is hurting enforcement. The States Thomas up here. Here is the ‘‘Evil tle toys. Think about it. I do not know and the State attorneys general are Eye’’ up here in June of 2007. If I am why in the world they would ever do naturally in a better position to know not mistaken, this is one where they that. But that is exactly what they did. what is going on in their State, and actually had kerosene in the eyeballs. Again, we can go down a long list of they are in a better position to enforce Can you imagine that? They sell these what can go wrong with these toys. But the CSPC orders in their State. That is little rubbery or plastic eyeballs that this is why the marketplace needs the way it is. actually had kerosene in those. And some supervision. The marketplace Let me say a few more things. I want this was a children’s toy. It is hard to needs something such as the CPSC and to get back to this chart. The Con- believe. someone on a State level, such as the

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In fact, when I was at- manufacturers, which is key, that we be anymore because we have built in torney general of Arkansas, we never cannot ignore in the Senate. We need the safeguards. We have tried to find went through the process. We knew to make the products safe, but we also the consumer protections. We have about the process; we never went need to make sure we do not put such tried to make the right policy but at through it. But you actually had to get a burden on American businesses that the same time make sure that the at- approval of the State legislature and they cannot create the jobs and grow torneys general have the right param- have the Governor sign off on it. They the opportunities in the future. That is eters on them and also keep the CPSC did that before I became AG. I do not a delicate balancing act which I believe in the driver’s seat and to make sure think they ever did that when I was the House achieved. that the State AGs can only seek in- there. I do not think they have done it In a remarkable vote, the House junctive relief. since. Everyone has a different process, voted unanimously to support the con- That is a very important point, that but usually the States will have to go sumer product safety bill they had on injunctive relief, because what that through an RFP type process that can the floor. That bill does a number of means is there are no money damages take months. Again, we already have a things we talk about here. with an injunction. They are going out provision in here where they have to Let me first read a quote from Chair- there to force someone to do something send notice to the CPSC for 60 days. So man DINGELL, who is the chairman of such as pull something off the shelf or I would be surprised if you see the the Committee on Energy and Com- stop selling something or whatever the States want to stretch out this time- merce. It was his committee that case may be. That is a very positive de- frame, because usually what they have worked so hard on this bill. He said, in velopment. done is they have found a dangerous a New York Times editorial: I have heard from a few groups in the product in their State, and they are Let’s hope that the Senate acts expedi- last several days on this concern about trying to get rid of it. tiously and with the same bipartisan com- contingencies: We should not have any We have worked very hard to listen mitment as the House. contingent fees. Well, realistically, as to everyone’s concerns about the State It is a quote I very much appreciate. a practical matter, I do not think you AGs. We have tried to meet these con- We were here in the Senate disturbed, are going to see any contingent fees cerns. We have tried to make sure the a few weeks ago, when we worked real with injunctive cases. It is very rare to concerns are valid. We have tried to hard to pass a bipartisan Foreign Intel- find injunctive cases with a contin- meet those and tried to make sure we ligence Surveillance Act that we hoped gency fee. I guess it can happen. I have can keep this bill bipartisan, and hope- the House would act on in the same bi- seen one example where some lawyers fully get the 50 votes on this bill as it partisan fashion. Unfortunately, the tried to do that. is written right now. House decided they needed to include The other thing about the State AGs, Mr. President, I suggest the absence some provisions, some special interest given the nature of these claims, I do of a quorum. provisions that allow plaintiffs’ law- not think you are going to see very The PRESIDING OFFICER. The yers to sue the telecommunications many States use outside counsel. Usu- clerk will call the roll. companies that are helping us inter- ally the States bring in outside counsel The bill clerk proceeded to call the cept messages from suspected terror- when there is something very com- roll. ists. plicated, where there are a lot of costs, Mr. DEMINT. Mr. President, I ask I am afraid we are doing the same or it is a long-term piece of litigation unanimous consent that the order for thing now on the Senate side that our that is going to take years and maybe the quorum call be rescinded. House colleagues did. We have a very millions of dollars to repair, very com- The PRESIDING OFFICER (Mr. important issue in front of us, which is plicated. Again, this is not one of those SANDERS). Without objection, it is so consumer product safety. The House types of cases. This type of case is you ordered. has sent us a bipartisan bill with clear see a CPSC finding, for example, they AMENDMENTS NOS. 4095 AND 4096 support from all our constituencies. say the evil eyeballs, kerosene-filled Mr. DEMINT. Mr. President, I would Yet we have decided on the Senate side eyeballs cannot be sold in the United like to take a few minutes to speak on to add some special interest provisions, States. Some AG is out, they look two amendments I called up this morn- specifically for plaintiffs’ attorneys around, they see it being sold in a Dol- ing. I appreciate the opportunity to and union bosses. lar Store, they see it being sold in speak. These amendments certainly re- The House bill does a lot of the some discount store somewhere, and late to the consumer product safety things I believe in and I think most of they can go after that store and make bill my colleague from Arkansas has my Senate colleagues believe need to them get them off the shelves. done such a great job ushering through be done. Again, I think what you will see here committee and onto the floor. It is First of all, it requires there be third- is probably very little litigation. I clearly a very important issue for us as party testing of children’s products for think once that attorney general tells a nation. lead and other hazards to ensure that them, we are about to come after you, Last year, we were reminded a num- unsafe toys never make it to the in my experience as attorney general, ber of times of the problems when the shelves. most people will respond to that and safety of our products is not ensured. It also requires, as my colleague from respond to that very quickly. They do We saw some products coming in from Arkansas was mentioning earlier not want the publicity, they do not other countries that gave us cause for today, that manufacturers place distin- want the hassle of selling something concern, as well as from within our guishing marks on products and pack- such as that. own country. In the food and drug area, aging of children’s products to aid in The last thing I was going to say on we have certainly seen problems there. the recall of those products. It can be the contingent fees is contingent fees, So we need as a Congress to make sure years later that a product is found to of course, are used in lots of different we do everything we can to ensure the be defective and recalled, and we need types of litigation. But if you think products that are sold in this country, to have a way to identify those defec- about it with injunctive relief cases, particularly for our children, are safe. tive products and recall them and to there is no money to base a contingent This was an issue the House of Rep- notify consumers of safety problems. fee on. So if you are going to pull a resentatives took very seriously. They The bill the House passed unani- bunch of ‘‘Evil Eye’’ eyeballs off the have worked for a number of weeks, if mously also replaces the Consumer shelf, how does the contingent fee not months, on a consumer product Product Safety Commission’s aging work? I think more often than not, safety bill. Speaker PELOSI was very testing lab with a modern, state-of-the-

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.032 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1507 art lab that will allow them to find it more expensive and more difficult tive. We are hoping that they might ac- which toys are safe and which ones are for our companies to compete in a glob- tually lead to some improvements to not. al economy. Countries throughout Eu- the legislation, but we will have to It improves the public notice about rope lowered their corporate tax rate wait and see to know how some of this recalls so we have a better system of to 25 percent. China has lowered its works out. letting the public know when we find a corporate tax rate. We continue to I think it is very important for col- safety problem. keep ours at a level that makes it very leagues to understand what this It preserves a strong relationship be- difficult for our companies to compete. amendment does that Senator DEMINT tween industry and the Consumer We need to realize, as we seek con- is offering first and that we will vote Product Safety Commission to ensure sumer product safety, particularly on at 5:30, and that is it would take the that industry continues to share infor- safety for children, we do not need to work the Senate has done on this legis- mation we can use to determine the put unnecessary burdens on our compa- lation so far and throw it out the win- safety of products. nies and make it more difficult for dow and adopt the House-passed meas- It also restores the full panel of five them to operate in this country. ure. Now, there are a lot of differences Commissioners to the Commission. The whistleblower provision in this between the House and the Senate This bill is a bill we should pass in bill does not improve consumer product versions. Senator DEMINT was correct the Senate. We know if we go through safety, but it does create a potential a few moments ago when he talked the process this week of adding amend- for increased problems with folks who about how there are a lot of similar- ments and changing the bill, even if we are manufacturing in this country. We ities as well, and that is exactly right. ultimately pass a bill, we are looking need to realize foreign-based companies I think I can be fair in my discussion at weeks if not months in conference are not faced with this same provision. when I say that at least my impression with the House to come out with a It is only those that are American is that when the House started their final bill. owned, operating here, that have to fol- process last fall, they were doing it— We have an opportunity. If we pass low this whistleblower law the Senate again, from my perspective—more in this amendment, which is a substitute is attempting to add in the consumer terms of a reaction to a lot of the news to the underlying bill, passing the product safety legislation. So what we stories everybody was seeing about House bill, we can send a new bill, a have are American companies at a dis- dangerous toys and children’s products consumer product safety bill, to the advantage to companies in other parts that were setting off alarm bells all President that can be implemented of the world that do not have to com- over the country. I think their bill right away. ply. My amendment would strike this started as a reaction to that. That is Again, this is a bill that passed 407 to provision. Perhaps we can reach a com- not a bad way to start a bill; I am not nothing in the House, with the Demo- promise and protect the whistleblower critical of the House in any way on it. cratic leadership taking the initiative without damaging our competitiveness I am proud of what they did and glad on this bill and Republicans agreeing. as a nation. they got it through their committee What we are doing here in the Senate Mr. President, these are two amend- and actually passed it on the House is adding a number of provisions that ments, and I have a number of others floor. I believe it was the very last day are not for consumer product safety that get at some of the problems in the they were in session last year—if not but designed to create loopholes for bill. But, again, I commend the chair- the last day, it was the last week. So I special interests. man for his work and the commitment am proud of what they have done. I One is the whistleblower protection by this body to improve consumer safe- would say their bill is a pretty good provision, which I have a separate ty in this country. I hope we can work bill. amendment to strike. There are ways together in a bipartisan fashion to cre- Part of the reason, though, or the we can fix this provision. We have a ate a bill that is focused on safety and primary reason their bill has a lot of Federal standard we apply to our own not so much on doing favors for our dif- similarity to ours is during that proc- agencies that does not create an open- ferent constituencies. ess—and this is just legislation; I am ended litigation process but focuses With that, Mr. President, I yield not critical at all, but during that more on protecting those who make us back and suggest the absence of a process they eventually looked at our aware of a problem that an employee quorum. bill that we were working on in com- tells us about. We need to do that in in- The PRESIDING OFFICER. The mittee, and they took about half or so dustry. clerk will call the roll. of it—maybe about 60 percent of it— I am certainly willing to work with The legislative clerk proceeded to and did some cutting and pasting and the majority on this issue. I believe call the roll. just put it in their legislation. Again, I Senator CORNYN has an amendment Mr. PRYOR. Mr. President, I ask am honored that they did and flattered that applies that Federal standard, unanimous consent that the order for that they did because we had been which would improve this legislation, the quorum call be rescinded. working hard in the Commerce Com- provide whistleblower protection, but The PRESIDING OFFICER. Without mittee to make sure the reform we at the same time not create a play- objection, it is so ordered. were talking about was comprehensive ground for plaintiffs’ attorneys as well Mr. PRYOR. Mr. President, I ask and was good. as create an opening, as this bill does, unanimous consent that the time until I would say generally, in broad for disgruntled employees to wreak 5:30 p.m. be used for debate on DeMint strokes, there are two or three major havoc inside an organization. amendment No. 4095; that the time be differences between the House bill and The way the bill is set up, any em- equally divided between Senator the Senate bill as the Senate bill exists ployee—who may be aware he is get- DEMINT and Senator PRYOR or their today. One is that we have more en- ting ready to lose his job for incom- designees; and that following the use or forcement in our legislation. We have petence or something else—can com- yielding back of time, the Senate pro- more transparency in our legislation. plain about a safety issue, which may ceed to a vote in relation to the We have more comprehensive reform in or may not be real, and that employee DeMint amendment No. 4095, with no our legislation than the House bill is basically guaranteed a job for life be- second-degree amendments in order does. Again, I am not taking away cause this bill does not allow a com- prior to the vote. from the House bill. I appreciate their pany to fire someone who complained The PRESIDING OFFICER. Without bipartisan effort over there, so I don’t about a safety problem. Even if there objection, it is so ordered. want my words to be interpreted as in was not a safety problem, all the em- Mr. PRYOR. Mr. President, I wish to any way critical. But I do think our ployee has to do is say they had a rea- speak about the DeMint amendment. bill is better. Ours is bipartisan—and sonable belief there was a safety prob- Senator DEMINT, by the way, has been so is theirs, by the way—with Senator lem. very constructive in our meetings and STEVENS and Senator COLLINS. I have Folks, it is hard enough to do busi- in our discussions. His staff met with spoken with several of my Republican ness in this country today. It seems ev- my staff last night. The meetings to colleagues over the last few days, and I erything we do in this Congress makes date have been constructive and posi- would hope they would consider joining

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.035 S04MRPT1 smartinez on PRODPC61 with SENATE S1508 CONGRESSIONAL RECORD — SENATE March 4, 2008 us as cosponsors. I would love for them that provision. The House bill has a alty. Well, the concern I have with the to consider doing that today. I had study. It says: Yes, we ought to study $10 million penalty—civil penalty—is some discussions yesterday with a this idea of a database, but they don’t that for a lot of these big companies, handful of Republicans who said they have a database. In fact, the database $1.8 million can just be the cost of were interested in at least considering we are talking about, we are not in- doing business. Again, we have some cosponsoring. So we are waiting to venting this out of whole cloth. We are charts on this that we may show in the hear back from some of those offices using another Federal agency’s idea next couple of days—it can be the cost today, but we would love to add more which has worked very well, and that of doing business for some of these big Republican cosponsors if at all pos- is NHTSA, the National Highway Traf- companies—$10 million is better. It sible. fic Safety Administration. I would en- gets their attention. But what we do is, Let me go through some of the pri- courage—here again, I mentioned this we set our cap under the Senate bill at mary differences in what the House bill before—all of the staff people who are $10 million unless there are aggra- does and what the Senate bill does. watching in their offices and who think vating circumstances. If there are ag- There are many. Again, the bills are their boss might be undecided on this gravating circumstances such as largely similar because the House legislation or undecided on this one maybe you have a repeat offender, adopted a lot of what we did, or more point, I would encourage them right maybe you have some particularly or less adopted what we did in the com- now to go to the NHTSA Web site, and egregious behavior, or maybe you have mittee. A lot of that has not changed there is a little area you can click on a company that just absolutely does at all, or it has changed very little. So that talks about recalled products. I not have any regard for U.S. safety let me run through a few points, five or encourage you to do that and go standards. Again, a lot of these prod- six points. through that and see first how easy it ucts that are defective are coming in First, I would say the Senate bill is is to use; secondly, the quality of the from overseas. Maybe they don’t have more transparent. When I say that, information that is on there. the quality control over there. I don’t what I am talking about is, under our Again, we are going to show this know. They maybe have a chronic bill—again, the bipartisan Senate sub- later with charts to show all of my problem or whatever it may be. The stitute—what I am talking about is Senate colleagues how easy it is, but Senate bill allows you to take the $10 there is more information publicly also how balanced and how fair it is. million max and do an additional $10 available to people under the Senate The industry has had some concerns million, again, if there are aggravating bill. We have seen this happen on many they will be smeared, that they will be circumstances. occasions. I was going to tell this story slandered or libeled with all of these Quite frankly, I hope the CPSC never later. We have some charts to this ef- complaints. But I think the NHTSA has to use that, but the fact that they fect I didn’t want to bring out right Web site shows it can be done in a very have that ability maybe will put a lit- tle fear in some people when they make now because we will get into this in responsible way and done in a way that some of these decisions about cutting more detail later. We are going to talk does help the general public. corners on lead paint or making defec- about several examples of incidents Another difference I want to talk about, the second difference between tive products, whatever they may be. where people were injured and where So, again, the Senate bill has a 10- they had bought and used a product the House version and the Senate version is, the Senate bill—the bill we plus-10 provision, which is $10 million that the CPSC had known about and max in lesser aggravating cir- known about the dangers of it, but the are on right now—adopts what they call ASTM963–07, which is a standard cumstances, and then you can go for an CPSC was in negotiations or in discus- additional $10 million. The House bill sions with the manufacturer about that is widely accepted by the indus- tries. ASTM stands for the American just has the flat $10 million. doing a recall. In fact, there is one inci- Another difference, and I would call dent we are going to talk about later— Society for Testing and Materials, and that has just kind of become a lingo— this the fourth difference between the and it may be tomorrow at this point, ASTM has become a lingo in the con- Senate bill and the House bill, is that depending on how the rest of the day sumer product world for a set of stand- the Senate bill has a protection for em- goes—there is one product we are going ards. ASTM963–07 has become a widely ployees who notify the CPSC of viola- to talk about where a baby crib col- recognized, widely utilized standard. tions. Now, this is important. You lapsed, and it caught a young girl’s What we do is, we codify that stand- don’t want employees to be punished hand in that crib. I think she was ard. If our bill passes, it is not going to for doing the right thing. We all know roughly about a year old. We will get be voluntary. It is not going to be— how it works in the real world. It hap- the facts on this when we go to it. I some people may be following it, and pens where an employee will, over the think she did end up avoiding serious some people may not. We are going to objections of a company—over the ob- injury, but it was scary. There were codify it. We will make it law. Again, jections of his employer—go and in- some moments there for the parents. these are standards that the industry form the CPSC about some safety vio- So the father called the manufac- has been using and has accepted. This lation. It does happen. Again, we have turer of the crib and the manufacturer is not a controversial piece of this leg- examples. We have charts if anybody played dumb. They say: Gosh, we didn’t islation. However, this ASTM963–07 is wants to see them, or we have memos know. We never heard of this problem not in the House bill. So the House bill and background, news articles, et before. We didn’t know our cribs had keeps the status quo. They say they cetera, if people want to see those. But this problem. Are you sure you had it are going to assess the effectiveness. the truth is, you have to keep this in set up the right way? Are you sure she Well, it has already been assessed. It perspective. wasn’t abusing it somehow? All of has been out there for years and years What we are talking about with our those kinds of things. and years. Again, it is basically univer- so-called whistleblower provision is a The father found out later that by sally agreed that these are good safety provision where an employee—it is ba- the time he called, that company had standards that set the standard for in- sically only triggered when an em- 80 complaints about that crib doing ex- dustry and should be adopted into Fed- ployee of a company tells the CPSC actly the same thing. But because eral law. about a dangerous product. there is no transparency under the cur- The third difference with the House This is fundamental stuff. This em- rent law, there was no way for the fa- bill I wanted to talk about is this idea ployee is out there letting the public ther to find out. of punishing companies when they do know, basically telling the Govern- If our bill passes, we will set up a the wrong thing. The Senate com- ment there is a dangerous product that database that is searchable where you mittee passed the bill out of committee is either in the U.S. market or about to can go and look at a specific product with a $100 million civil penalty—$100 get to the U.S. market. Again, that and know if there have been com- million. It went from $1.8 million to employee for doing the right thing plaints about it before. This will be a $100 million—over 50 times what is in should not be fired or demoted or what- huge benefit to parents and grand- existing law. ever the case may be. If we set up a parents all over the country. We need The House, in the meantime, passed a process in our law that is based on ex- to do this. The House bill doesn’t have provision that had a $10 million pen- isting law where the employee goes

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.037 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1509 through the Department of Labor proc- would flat line the funding at a 10-per- ate version. The DeMint amendment is ess, it is well established, we adopt cent level after 2009. Our bill actually basically—well, it is exactly accepting what this Congress has passed in pre- has a slower ramp-up or it does have a everything the House has done. We can vious years as the standard we would ramp-up in resources, but we acknowl- do better than that. We can be strong- like to see on our whistleblower stat- edge there is a lot of work to be done er. In fact, I have talked with several ute. The House bill has no such protec- with this Commission. We cannot just House Members who like what we are tion. We feel as if this is an important give it a year or two of increased ap- able to do in the Senate version. The improvement in the legislation because propriations and then flat line it and DeMint amendment puts us where the we think we will get more information hope it is going to be OK. What we need House is, and we need to have the Sen- to the CPSC if the employees under- to do is continue to invest in this Com- ate’s stamp on this legislation so we stand they are protected. mission to make sure long term we set can go back home and tell the people Let’s talk about misinformation it up for success. what we are doing for them. about this one provision. In the Com- The Senate version has that major I suggest the absence of a quorum. merce Committee bill, we actually had advantage over the DeMint amend- The PRESIDING OFFICER. The a bounty for these employees for turn- ment. The current version has a big ad- clerk will call the roll. ing in companies. We had a bounty in vantage over the DeMint amendment The legislative clerk proceeded to the bill. When I talked with Senator when it comes to providing the re- call the roll. STEVENS, that was not acceptable to sources to the Consumer Product Safe- Mr. PRYOR. Mr. President, I ask him. He made it very clear that he ty Commission. unanimous consent that the order for thought it would cause a lot of heart- On that point, I say this: My col- the quorum call be rescinded. burn on the Republican side. He was leagues all know, because they have The PRESIDING OFFICER. Without very adamant we take that provision seen my voting record, there have been objection, it is so ordered. out, and we did. times when I have been pretty much a Mr. PRYOR. Mr. President, I ask We have also done some other things deficit hawk around here and times unanimous consent that the time dur- to build in some safeguards. For exam- when I have tried to shrink Govern- ing the quorum call be equally divided. ple, if an employee files a frivolous ment and different efforts such as that. The PRESIDING OFFICER. Without claim with the Department of Labor, I am not a person who believes we objection, it is so ordered. he can be subject to a $1,000 penalty. I ought to throw money at a problem be- Mr. PRYOR. Mr. President, I suggest don’t have to go through all that cause I think generally when we do the absence of a quorum. today. that, we do not get a very good result. The PRESIDING OFFICER. The Our Senate bill, we believe, is bal- I have seen that time and time again clerk will call the roll. anced, we believe it is fair, we believe on the Federal level. But this is an ex- The legislative clerk proceeded to it is in the public interest to have this ception. This is one of those times call the roll. information come forward and the em- when I think we are being targeted, I Mr. ALLARD. Mr. President, I ask ployee not be punished at work for tell- think we are being responsible, I think unanimous consent that the order for ing the Government about a safety vio- we are slowly ramping up this Commis- the quorum call be rescinded. lation. sion and not throwing a bunch of re- The PRESIDING OFFICER (Mr. The fifth matter I wish to talk about WEBB). Without objection, it is so or- is lead. I heard someone say this bill is sources at it right now, but we are measuring out those resources over dered. the ‘‘get the lead out’’ bill. This bill Mr. ALLARD. Mr. President, I ask does, for the first time, in a very his- time, over a several year period. I think what we will see in 7 years is unanimous consent that I be allowed to toric manner, set a standard for lead in a much stronger CPSC than we have speak as in morning business for 15 children’s products. Most Americans today. It is not just about the CPSC as minutes. believe there is a standard for lead in The PRESIDING OFFICER. Is there children’s products. There is not a a commission being stronger. That may, in and of itself, be OK, but what objection? standard. There is a standard for lead Mr. PRYOR. Mr. President, reserving in paint but not for children’s prod- is good about our legislation, the Sen- ate version, is I believe very strongly the right to object, I ask that the time ucts. come out of the Republican time, be- Every pediatrician with whom I have we will have a big improvement in safety all across America. cause I think the Republicans have 55 ever talked and every pediatrician who minutes, or something like that, and has testified either on the House side We talk about toys, and toys are a the Democrats only have 28 minutes. or the Senate side and every scientist very important piece of what the CPSC does, but they do all kinds of things. Mr. ALLARD. That is acceptable to will tell you of the dangers of lead. It our side. I thank my colleague. is basic scientific medical knowledge Part of this legislation is to have a Federal standard on portable gas cans The PRESIDING OFFICER. The Sen- today that lead is bad for children. ator from Colorado. What we do in the Senate version of and the caps that are on gas cans. We the legislation is we essentially ban have seen that problem in many inci- THE BUDGET lead. We do not completely ban it be- dents around the country because there Mr. ALLARD. Mr. President, I think cause we understand that lead is a nat- is no common standard on gas caps on it would be helpful for us to spend some urally occurring element. We are going these gas cans. time before the fiscal year 2009 budget to have trace amounts of ambient lead What we will be able to do with this bill is before us to review the fiscal in the atmosphere. We acknowledge legislation, with the Senate version, is year 2008 budget. This is something we that in our legislation. And our legisla- to make the consumer product safety could not do last year. Last year, the tion, when it comes to lead, is more ag- world much safer. Again, my hope is majority was in their first year and in gressive in getting the lead out of chil- that when we stand here, say, 5 years sort of a honeymoon phase. They had dren’s products. We do it quicker, and from now, we will see a precipitous de- the benefit of the doubt and no recent I think we do it in a better way than crease in litigation, we will see a de- record to be saddled with. They could the House bill does. crease in recalls, we will see a decrease make pledges and promises, they could The last point I wish to mention on in injuries, and we will see a decrease make forecasts and make predictions, the seven major differences between in deaths as a result of consumer prod- and we were under an obligation to the House version and the Senate ucts and consumer product violations. wait for those results. The charge of version is the DeMint amendment—and I say to my fellow Senators, it looks tax and spend was from the past. Per- that is what we are talking about as if we are going to vote on the haps things were different. today—to make sure the Consumer DeMint amendment at 5:30 p.m. today. Well, the Democrats’ 2008 budget Product Safety Commission has the I encourage Senators and their staffs raised taxes by $736 billion. It assumed funding it needs to do what we want it to look at the DeMint amendment and the largest tax increase ever, hitting to do. look at how it weakens the Senate 116 million people. It failed to extend The Senate version is a 7-year reau- version of the Consumer Product Safe- middle-class tax relief, as promised. thorization. The DeMint amendment ty Reform Act. It does weaken the Sen- The Democrats’ fiscal year 2008 budget

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.039 S04MRPT1 smartinez on PRODPC61 with SENATE S1510 CONGRESSIONAL RECORD — SENATE March 4, 2008 increased spending by $205 billion. It We are entering a new phase in our Fifteen million elderly individuals will hiked nondefense discretionary spend- economy, a time when the negative ef- pay an average tax of $2,934. These are ing $205 billion over 5 years. That is fects of the housing crunch are coming the people who are on retirement. $350 billion over 10 years. It manipu- due. But the housing problems are at- Twenty-seven million small business lated reconciliation to spend $21 billion tacking the prosperity that resulted owners will pay an average tax in- in entitlements. It allowed entitlement from our earlier tax policies. The tax crease higher than any of those groups spending to grow by $466 billion over 5 cuts we put in place in 2003 stimulated that I mentioned of $4,712. That is years. the economy. As a result of those tax where our economic growth is gen- The budget and its supporters repeat- cuts, there was more money available erated—or was generated. edly ignored, waived, or gimmicked for local governments to help pay for People of Colorado have asked me: pay-go to the tune of $143 billion. The their programs, including State gov- How is this likely to affect me as a Col- Democrats’ fiscal year 2008 budget grew ernments. There was more money oradan? Let me talk a little bit about the debt by $2.5 trillion. It passed the available for the Federal Government. how this could affect taxpayers of the debt along to our children, who will That is why it was so easy for the ma- State of Colorado. each owe $34,000 more. The Democrats’ jority party to put together that budg- In Colorado, the impact of repealing fiscal year 2008 budget ignored entitle- et last year, because of the large the Republican tax relief would be felt ment reform. It failed to offer any real amount of revenues coming in to the widely. For example, more than 1.6 solutions to the $66 trillion entitle- Federal Government. I attribute that million taxpayers statewide who are ment crisis. to the fact that we cut prices for the benefiting from a new low 10-percent The budget and its supporters re- working men and women of this coun- bracket would see their tax rates go jected reasonable proposals to address try, primarily those who own their up; 590,000 married couples could face this entitlement crisis and, instead, al- small businesses and, by the way, who higher tax rates because of an increase lowed entitlement spending to grow by put in more than 40 hours a week. in the marriage penalty; 432,000 fami- $466 billion over 5 years. The budget Many times they work 7 days a week to lies with children would pay more wildly overstated revenues from clos- keep those small businesses operating, taxes because child tax credits would ing the tax gap to justify more spend- supporting their communities. That is expire; and 310,000 Colorado investors, ing. That bill was, in fact, a classic where we generate the revenue. including seniors, would pay more be- Democratic tax-and-spend bill. Now that our economy is trending in cause of an increase in the tax rate on The majority had a clean slate, a new the wrong direction, and when we need capital gains and dividends. dawn. They went with the worst poli- the benefits of a reasonable and Remember, seniors who have retired cies of the past—bigger taxes, bigger progrowth tax policy, the reality is have a lot at stake when we talk about spending, bigger debt, and larger gov- going to be that we are going to de- capital gains taxes and dividends be- ernment. One example will show we are press our economic growth. We are cause they put their money in the dealing with what can only be de- talking about increasing taxes on cor- stock market. They have put it in in- scribed as either cold cynicism about porations that do business all over the vestments. As retired individuals, they are finding that they are beginning to the value of their rhetoric or gross ig- world. Well, they are in a competitive pull that out for their retirement. The norance of government realities. The environment. They have to compete consequences are that without that tax SCHIP authorization bill increased en- with other countries. We cannot con- break, they would not have been able titlement spending $35.4 billion over 5 strict our economy to strictly Amer- to save as much money toward their years and $71.5 billion over 10 years. ican borders. We have to extend beyond However, a blatant budget gimmick retirement. that. If we want to get our economy Tomorrow, we are going to get our drastically cut the program’s funding going, we are going to have to talk first glimpse of the majority’s proposed in 2013 by 85 percent to avoid a pay-go about trade. We are going to have to fiscal year 2009 budget. We have more point of order. Nobody seriously ex- talk about doing business all over the clarity now on what we can actually pects this funding cut to occur. Nobody world. expect when pay-go—which some refer seriously believes this qualifies as pay- Let’s look and see how individuals to as ‘‘tax gap’’—and spending curbs ing as you go. Yet both claims were are going to be impacted by this tax in- and other terms are thrown at us by made on this floor. crease that will happen by default be- the supporters of that budget. We know I voted against the fiscal year 2008 cause we do not keep it from expiring that last year the words might have budget. The budget represented a 6.8- in the outyears. A family of 4, earning implied one thing, but the numbers percent increase in domestic Federal $40,000 a year—that is if both the hus- said an entirely different story: Spend- spending in 1 year. And let us look at band and the wife are working and ing went up, the deficit went up, and the debt figures. We see the debt is in- making $20,000 each—will face a tax in- taxes went up. Let’s hope this year is a creasing unimaginably. We are seeing a crease of $2,052. We have 113 million better year for the taxpayers and the tremendous growth in the deficit, in- taxpayers who will see their taxes go citizens of this country. creasing by $440 billion. We see manda- up an average of $2,216. I yield the yield floor. tory spending growing unchecked by Now, if we look at this a little fur- The PRESIDING OFFICER. The Sen- $411 billion in fiscal years 2008 through ther, we see that over 5 million individ- ator from California. 2012. We spend more than $1 trillion of uals, families who have seen their in- Mrs. FEINSTEIN. Mr. President, I the Social Security surplus. Unfortu- come tax liabilities completely elimi- ask unanimous consent to set aside the nately, what we end up with is a nated, will now have to pay taxes. That pending amendment. growth in the debt of over $2.2 trillion. is the new tax bracket we have created The PRESIDING OFFICER. Without Yet the deficit is increasing while to provide tax relief for many of those objection, it is so ordered. more taxes are expected to be col- working families. So that is going to Mrs. FEINSTEIN. Mr. President, I lected. If the tax increase goes into expire. When that expires, that is going will retract that and not set aside the place—and that happens because there to impact 5 million individuals and pending amendment. was no provision to make the tax cuts families who will begin to have to pay AMENDMENT NO. 4104 that were passed in the Republican taxes that they were allowed to get by I would like to speak on an amend- Congress in 2001 and 2003 permanent— without having to pay so they could ment I intend to submit at the appro- by default these taxes are going to in- pay for the education of their kids, so priate time. crease by over $736 billion. So we have they could pay for health care, so they There are six chemicals that are a deficit that is increasing even though could pay for the needs of the family, often included in plastic toys. What we have a dramatic increase in reve- food and shelter. those chemicals do is essentially make nues which were taken into account in We are not talking about individuals the toy softer, more pliable—ergo, this budget. That is going to be the who are making a lot of money in this more attractive to children. largest tax increase in the history of case. Forty-five million families with This is my communications direc- this country contributing to over- children will face an average increase tor’s young son. His name is Max Ger- spending. of $2,864; that is the marriage penalty. ber. He is 8 months old in this picture.

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.040 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1511 He is sucking on his favorite book. I were also bought at Wal-Mart and Tar- search summary and a paper which ask unanimous consent that I might get. summarizes several of the works of show you what that book looks like. So I would like to, if I can, if I will science. The PRESIDING OFFICER. Without be cleared to do it, send an amendment Here are some of the effects: Preg- objection, it is so ordered. to the desk. The amendment would rep- nant women with high levels of Mrs. FEINSTEIN. This is that book. licate what will be California law in phthalates in their urine were more The book is called ‘‘Hello Bee, Hello 2008 and ban the use of the chemical likely to give birth to boys with repro- Me.’’ As you can see, it is an attractive phthalates in toys as California has ductive birth defects. That is a Univer- book. It was studied in 2006, and it was done and eight States are continuing sity of Rochester 2005 study. Phthalate found to be loaded with phthalates. But to do. exposure has also been linked to the this is what babies do; they put every- The European Union banned premature onset of puberty in young thing in their mouths. phthalates in 2006. That is all these girls as young as 8 years old. That is a Phthalates all too often are found in countries: Austria, Belgium, Bulgaria, 2000 study published in Environmental high quantities in children’s toys and Cyprus, Czech Republic, Denmark, Es- Health Perspective. A 2002 study linked other products. Studies have found tonia, Finland, France, Germany, phthalate exposure levels to decreased that they are linked to both birth and Greece, Hungary, Ireland, Italy, Lat- fertility capacity in men. And other serious rare reproductive defects. via, Lithuania, Luxembourg, Malta, phthalates found in household dust When these young children chew or the Netherlands, Poland, Portugal, Ro- have been linked to asthma symptoms suck on a toy with phthalates, these mania, Slovakia, Slovenia, Spain, Swe- in children. That is a Swedish study. chemicals can leech from the toy into den, and the UK. They have all banned The evidence that phthalates cause the child and enter the child’s blood- the use of these chemicals in children’s health problems continues to mount. stream. toys. Fiji, Korea, and Mexico have also Young children whose bodies are grow- They interfere with the national banned or restricted phthalates in chil- ing and developing and extraordinarily functioning of the hormone system, dren’s products. sensitive are particularly vulnerable and they can cause reproductive abnor- Beginning next year, toys containing when exposed to phthalates in the toys malities and result in an early onset of more than trace amounts of phthalates around them. puberty. Parents across the country cannot be sold in California stores. My Now, many American toy retailers actually have no idea of these risks. home State was the first State to ban have already stepped up when it comes These chemicals have been banned in phthalates in toys and other children’s to phthalates. I am very grateful for the European Union, five other coun- products. Governor Schwarzenegger this. Target has already eliminated tries, and my home State of California, signed the legislation, which, as I say, phthalates from baby changing tables. and eight other States are now pro- will become effective in January of Late last year, they announced that posing similar bans. I believe this is 2009. Eight States are following Califor- most toys they sell will be phthalate- the appropriate time for the Federal nia’s lead. Legislation has been offered free by fall of 2008. Government to shield children from in Washington State, Maryland, Ha- Wal-Mart and Toys R Us announced these chemicals. waii, Illinois, Vermont, West Virginia, they will voluntarily comply with Cali- Now, of course, my communications Massachusetts, and New York. fornia’s standard nationwide. These are director, like many parents, had no Unfortunately, toys containing two huge retailers that will voluntarily idea that this book contained high lev- phthalates are still available to chil- comply with the California standard. els of phthalates. But it is not just dren across this country. I think it is They informed toy producers that be- books; phthalates can be found in a va- time for the rest of the country to fol- ginning in 2009, they will no longer sell riety of soft children’s toys such as low the lead of California, the Euro- toys that contain phthalates. rubber ducks and teethers like this pean Union, and other nations because These retailers should really be com- one. without action the United States risks mended. I would like to do so. Thank I ask unanimous consent that I may becoming a dumping ground for phthal- you, Wal-Mart, thank you Toys R Us show you that teether. ate-laden toys that cannot legally be and thank you, Target. The PRESIDING OFFICER. Without sold elsewhere. I think American chil- This action also underscores the objection, it is so ordered. dren deserve better. Parents in every emerging uneasiness about those Mrs. FEINSTEIN. It is this. It is very State should be able to enter any toy chemicals, with toy retailers acknowl- flexible. It is loaded with these chemi- store, buy a present for their child, and edging that parents do not want to un- cals. know they are not placing their son’s wittingly provide their young children So you can see Max is a little bit or daughter’s health at risk. with toys that could prove hazardous older, chewing on a teether. Tests This amendment follows the same to their health. The amendment I hope found that teether contained a high standards already set by the European to enter levels the playing field in the level of phthalates. Union and California. It bans the use of toy industry, requiring every toy store In 2006, the San Francisco Chronicle six types of phthalates in toys. Three and manufacturer to comply with the sent 16 common children’s toys like of the phthalates are banned from all standards being voluntarily put in this teether to a Chicago lab to test children’s toys; three others are place. whether they contained phthalates. banned from toys children place in I do wish to underscore an important They did, in fact. their mouths. The amendment clearly point: This voluntary action, while The results should alarm parents ev- states these chemicals cannot be re- highly commendable, should not take erywhere. One teether contained a placed with other dangerous chemicals the place of an official regulatory phthalate level of five times the pro- identified by the Environmental Pro- standard. posed limit. A rubber duck sold at tection Agency as carcinogens, possible Candidly, I can’t imagine why we Walgreens had 13 times the amount of carcinogens, or chemicals that can have waited this long. We always wait phthalates now permissible under Cali- cause reproductive or developmental until the States take action. Some fornia law. The face of a popular doll harm. manufacturers have marketed products contained double California’s new Now the science. The science involv- as phthalate free, but tests conducted phthalates limits. ing phthalates is still evolving; how- by independent laboratories have found Another study tested 20 popular plas- ever, we know exposure to phthalates phthalates. Parents wishing to pur- tic toys. The results were equally trou- can cause serious long-term effects. chase phthalate-free toys must be able bling. A Baby I’m Yours doll sold at Some of the potential health effects to know what it is they are buying. I Target contained nearly 32 percent of and defects are highly personal and dif- firmly believe only a legal standard phthalates. A toy ball sold at Toys R ficult to discuss. They are problems no with the full weight of the law and po- Us was found to contain 471⁄2 percent parent would ever want a child to expe- tential legal consequences behind it phthalates. Three types of squeeze rience. will make that guarantee. toys—a penguin and two ducks—con- I have two anthologies here which I I wish to read from a letter from the tained high levels of phthalates. They will make available, a phthalates re- Breast Cancer Fund:

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.041 S04MRPT1 smartinez on PRODPC61 with SENATE S1512 CONGRESSIONAL RECORD — SENATE March 4, 2008 On behalf of the Breast Cancer Fund and for a Healthy Bay, Clean Water Action Alli- ardous substance under the Federal Haz- our 70,000 supporters across the nation, I am ance of Massachusetts, Coalition for Clean ardous Substances Act (15 U.S.C. 1261 et seq.) writing to express our strong support for Air, Commonweal, Environment California, and the prohibitions contained in section 4 of your amendment to the Consumer Product Healthy Child Healthy World, Health Edu- such Act shall apply to such product or arti- Safety Commission Reform Act . . . which cation and Resources, Healthy Building Net- cle. would prohibit the manufacture, sale, or dis- work, Healthy Children Organizing Project, (b) PROHIBITION ON USE OF CERTAIN ALTER- tribution in commerce of children’s toys and INND (Institute of Neurotoxicology & NATIVES TO SPECIFIED PHTHALATES IN CHIL- child care articles that contain phthalates. Neurological Disorders), Institute for Agri- DREN’S PRODUCTS AND CHILD CARE ARTI- CLES.— It goes on to describe phthalates. It culture and Trade Policy, Institute for Chil- (1) IN GENERAL.—If a manufacturer modi- is signed by Jeanne Rizzo, R.N., Execu- dren’s Environmental Health, MOMS (Mak- ing Our Milk Safe), Minnesota PIRG, Olym- fies a children’s product or child care article tive Director. pic Environmental Council, Oregon Center that contains a specified phthalate to com- I ask unanimous consent to have this for Environmental Health, Oregon Environ- ply with the ban under subsection (a), such letter printed in the RECORD. mental Council, PODER (People Organized manufacturer shall not use any of the pro- There being no objection, the mate- in Defense of Earth & her Resources), hibited alternatives to specified phthalates rial was ordered to be printed in the Safe Food and Fertilizer, Sources for Sus- described in paragraph (2). (2) PROHIBITED ALTERNATIVES TO SPECIFIED RECORD, as follows: tainable Communities, The Annie Appleseed Project, US PIRG, WashPIRG, Washington PHTHALATES.—The prohibited alternatives to MARCH 3, 2001. specified phthalates described in this para- Senator DIANNE FEINSTEIN, Toxics Coalition, WHEN (Women’s Health & Environmental Network). graph are the following: U.S. Senate, Hart Senate Office Building, (A) Carcinogens rated by the Environ- Washington, DC. Mrs. FEINSTEIN. It has been a long mental Protection Agency as Group A, DEAR SENATOR FEINSTEIN: On behalf of the time since I had a small child, but I Group B, or Group C carcinogens. Breast Cancer Fund and our 70,000 supporters used glass nursing bottles, not fancy (B) Substances described in the List of across the Nation, I am writing to express flexible bottles. I used cloth diapers. Chemicals Evaluated for Carcinogenic Po- our strong support for your amendment to The toys were not as flexible as they tential of the Environmental Protection the Consumer Product Safety Commission Agency as follows: Reform Act (S. 2663) which would prohibit are today. My daughter grew up fine. One of the real hazards of this society (i) Known to be human carcinogens. the manufacture, sale, or distribution in (ii) Likely to be human carcinogens. commerce of children’s toys and child care is chemicals and how chemicals are (iii) Suggestive of being human carcino- articles that contain phthalates. used, and we don’t know how they are gens. Phthalates are a family of industrial used. When it comes to children’s toys, (C) Reproductive toxicants identified by chemicals used in a wide variety of consumer I didn’t know you could make plastic the Environmental Protection Agency that products including plastics, nail polish, per- that way, so soft, so flexible. The rea- cause any of the following: fumes, skin moisturizers, baby care products son you can is because of all the chemi- (i) Birth defects. and toys, flavorings and solvents. These (ii) Reproductive harm. chemicals don’t stay in the plastics they cals added to it. When these chemicals have a toxic factor and you know these (iii) Developmental harm. soften or in the countless other products in (c) PREEMPTION.—Nothing in this section which they are used. Instead, they migrate chemicals are going in a child’s mouth or section 18(b)(1)(B) of the Federal Haz- into the air, into food and/or into people, in- and you know they leach out of the ardous Substances Act (15 U.S.C. 1261 note) cluding babies in their mother’s wombs. plastic into the child’s system, it sim- shall preclude or deny any right of any State Phthalates have been found in indoor air and ply isn’t right. We ought to stop it. or political subdivision thereof to adopt or dust and in human urine, blood, and breast People out there know that. People enforce any provision of State or local law milk. What’s especially troubling about that— phthalates is that they are powerful, known out there want this. I would have liked to have taken the time to have had a (1) applies to a phthalate that is not de- reproductive toxins that have been linked to scribed in subsection (d)(3); birth defects in baby boys, testicular cancer, committee hearing on this. But can- (2) applies to a phthalate described in sub- liver problems and early onset of puberty in didly, this bill came up. And because section (d)(3) that is not otherwise regulated girls—a risk factor for later-life breast can- this is already law in so many places— under this section; cer. The European Union and 14 other coun- the European Union, 5 other nations, (3) with respect to any phthalate, requires tries, including Japan, Argentina and Mex- California, 8 other States ready to pass the provision of a warning of risk, illness, or ico, have already banned these chemicals it—and you have retailers who under- injury; or from children’s toys. (4) prohibits the use of alternatives to BCF was one of the primary sponsors of stand and are willing to take voluntary action, it seemed to me the legal stand- phthalates that are not described in sub- AB1108—a bill recently signed into law by section (b)(2). Governor Schwarzenegger which made Cali- ard should be established. That is what (d) DEFINITIONS.—In this section: fornia the first State in the Nation to ban this bill does. (1) CHILDREN’S PRODUCT.—The term ‘‘chil- the use of phthalates in toys and other I call up my amendment which is at dren’s product’’ means a toy or any other childcare articles. Now 12 other States have the desk. product designed or intended by the manu- followed suit and have introduced—or are The PRESIDING OFFICER. Without facturer for use by a child when the child considering introducing—legislation to ban objection, the pending amendment is plays. phthalates in toys and other products. set aside. (2) CHILD CARE ARTICLE.—The term ‘‘child Obviously, there is nothing more impor- care article’’ means all products designed or tant to the future of this country, and the The clerk will report. The assistant legislative clerk read intended by the manufacturer to facilitate world than ensuring our children are healthy sleep, relaxation, or the feeding of children, today. By supporting your amendment, Con- as follows: or to help children with sucking or teething. gress has the opportunity to protect children The Senator from California [Mrs. FEIN- (3) CHILDREN’S PRODUCT OR CHILD CARE AR- from dangerous, unsafe and unnecessary ex- STEIN] proposes an amendment numbered TICLE THAT CONTAINS A SPECIFIED PHTHAL- posures to toxic chemicals in the products 4104. ATE.—The term ‘‘children’s product or child they play with every day such as teethers, Mrs. FEINSTEIN. I ask unanimous care article that contains a specified phthal- toys and childcare items. Thank you for consent that reading of the amendment ate’’ means— your critically important leadership on this (A) a children’s product or a child care ar- issue. be dispensed with. The PRESIDING OFFICER. Without ticle any part of which contains any com- Very truly yours, bination of di-(2-ethylhexyl) phthalate JEANNE RIZZO, objection, it is so ordered. (DEHP), dibutyl phthalate (DBP), or benzyl Executive Director. The amendment is as follows: butyl phthalate (BBP) in concentrations ex- Mrs. FEINSTEIN. Many organiza- (Purpose: To prohibit the manufacture, sale, ceeding 0.1 percent; and tions support the amendment, and I or distribution in commerce of certain (B) a children’s product or a child care ar- children’s products and child care articles ask unanimous consent to have a list ticle intended for use by a child that— that contain specified phthalates) (i) can be placed in a child’s mouth; and of those printed in the RECORD. On page 103, after line 12, add the fol- (ii)(I) contains any combination of There being no objection, the mate- lowing: diisononyl phthalate (DINP), diisodecyl rial was ordered to be printed in the SEC. 40. BAN ON CERTAIN PRODUCTS CON- phthalate (DIDP), or di-n-octyl phthalate RECORD, as follows: TAINING SPECIFIED PHTHALATES. (DnOP), in concentrations exceeding 0.1 per- Alaska Community Action on Toxics, (a) BANNED HAZARDOUS SUBSTANCE.—Effec- cent; or Breast Cancer Action, Breast Cancer Fund- tive January 1, 2009, any children’s product (II) contains any combination of di-(2- Center for Environmental Health, Center for or child care article that contains a specified ethylhexyl) phthalate (DEHP), dibutyl Health, Environment and Justice, Citizens phthalate shall be treated as a banned haz- phthalate (DBP), benzyl butyl phthalate

VerDate Aug 31 2005 00:58 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.043 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1513 (BBP), diisononyl phthalate (DINP), about toy hazards the very hardest of eral law banning lead in paint, but not diisodecyl phthalate (DIDP), or di-n-octyl ways. in children’s toys. phthalate (DnOP), in concentrations exceed- Last year, when Tegan was only 3 Third, the CPSC Reform Act would ing 0.1 percent. years old, he suddenly and inexplicably grant State attorneys general the abil- Mrs. FEINSTEIN. I wish to address a became very sick. He was vomiting and ity to bring a civil action on behalf of question to the distinguished chairman in a lot of pain. Tegan’s parents rushed its residents to obtain injunctive relief of the committee who has done fine him to the emergency room, and the against entities that the Attorney Gen- work on this bill. I would at some point doctor took a series of x rays. The x eral believes has violated a consumer like a vote on this amendment, if pos- rays showed something in Tegan’s product safety. I had the great privi- sible. I am happy to set it aside if that stomach that looked like a metal ob- lege of serving as Colorado attorney is helpful and not ask for the yeas and ject. The doctors said the object would general for 6 years. As an attorney gen- nays at this time, but I do want to pass in 72 hours and not to worry. Un- eral, you want to do everything in your vote. I believe children are at stake in fortunately, it did not pass. power to protect the citizens of your this. Tegan remained in severe pain, so State. The narrowly tailored watchdog Mr. PRYOR. I thank the Senator Tegan’s parents took him back to the power granted in this bill would have from California for being so gracious. hospital. This time they admitted given me another tool to help protect While she was speaking, I talked to Tegan, and they held him for observa- the citizens of Colorado from unsafe some of the Republican staff. I think tion. Over the next 2 days, the doctors and hazardous products. they need a little more time and maybe x raying Tegan found there was an ob- There are many other fine provisions even people on our side need a little ject inside his stomach that was not in the CPSC Reform Act. I strongly more time on the amendment. If pos- moving. urge my colleagues to support the bill sible, I ask the Senator from California On the third day, the surgeon decided and to help restore American con- to set it aside. We will have a vote at to operate. What did they find in the 3- fidence in the safety of the toys and 5:30. We have several Senators who we year-old young man’s stomach? They other products that are sold in the think will come and speak on the found six magnets—six magnets—from marketplace. We must do what we can DeMint amendment. We will be work- toys that Tegan had swallowed. The to prevent parents across the country ing with the Senator as this goes magnets had stuck together, and it cre- from experiencing the nightmare that along. ated 11 holes in Tegan’s intestines. The Tegan’s parents experienced. Mrs. FEINSTEIN. I appreciate that. doctors had to remove 6 inches of his This Consumer Product Safety Com- Out of deference to the Senator from intestines that day during surgery. mission Reform Act will take major Arkansas, I am happy to do so. Think of that, Mr. President. Think steps in moving forward the solution to I ask unanimous consent that Sen- of that, all those who are watching this an issue that is facing American con- ators BINGAMAN and MENENDEZ be debate on the Senate floor today. A 3- sumers every day in our Nation. added as cosponsors of the amendment. year-old boy had to have portions of I conclude my statement by making The PRESIDING OFFICER. Without his intestines removed because he swal- this comment: There has been a lot of objection, it is so ordered. lowed pieces that had come off his discussion here about a particular pro- Mrs. FEINSTEIN. I thank the Chair toys. Tegan is, in fact, one of the lucky vision of this legislation that gives at- and yield the floor. ones. He is alive because of the good torneys general the opportunity to Mr. PRYOR. I suggest the absence of work of doctors who saved him and be- come in and to enforce the law. It is a quorum and ask unanimous consent cause his parents helped him catch the appropriate whenever you have a situa- that time under the quorum be divided problem on time. Not all kids in Amer- tion such as this to throw more cops equally. ica are that lucky today. into the situation to try to make sure The PRESIDING OFFICER. Without Congress created the Consumer Prod- consumers are protected. This is an objection, it is so ordered. uct Safety Commission, now more than area of law where attorneys general The clerk will call the roll. 30 years ago, to protect American con- from across the country—both Demo- The assistant legislative clerk pro- sumers against death or injury from crats and Republicans—have been wag- ceeded to call the roll. unsafe products. However, the agency ing the war on behalf of consumers for Mr. SALAZAR. Mr. President, I ask is grossly underfunded and under- a very long time. They do not do it unanimous consent that the order for staffed. The CPSC estimates that prod- based on Republican or Democrat. the quorum call be rescinded. ucts it is authorized to regulate are re- They do it based on what is good to The PRESIDING OFFICER. Without lated to 28,200 deaths and 33.6 million protect the American consumer. objection, it is so ordered. injuries each year. Over 28,000 deaths a So for those colleagues on the other Mr. SALAZAR. Mr. President, I rise year. Yet the agency only gets $63 mil- side who will argue against giving this today to speak on a very important lion a year to carry out its mandates. power to the attorneys general of issue that is intended to protect Amer- As a result, stories such as Tegan’s America—I would say they, frankly, icans and to protect our children. are commonplace across America. are mistaken, that when you look at Before I make my comments, I wish In the last few months, newspapers the history over the last 30 years of at- to give a shout out to Senator MARK have run stories on hundreds of cases torneys general taking the lead role in PRYOR, who has been leading this effort of unsafe chemicals in toothpaste, con- terms of enforcing the laws of our on behalf of the Senate. I worked with taminated dog food, and toys tainted country to protect consumers, this is Senator PRYOR during his time as at- with toxic levels of lead. exactly the kind of situation that calls torney general from Arkansas. If there I support the CPSC Reform Act for out for giving that power to the attor- is one thing that typifies the reality of several reasons. First, this bill would neys general of the United States of attorneys general, they are protectors restore funding for the CPSC so that it America. of the people. MARK PRYOR, as attorney can stop dangerous products and toys So I am hopeful we can come to- general of Arkansas, was a great exam- from even reaching the marketplace. If gether as a Senate, as a Congress, and ple of a protector of the people of Ar- a dangerous product reaches the shelf, push legislation that gets to the Presi- kansas, and he has continued that fine it is often too late. dent’s desk and that he signs into law tradition in the Senate by moving for- Second, the bill finally takes steps to so we protect the kids of America, we ward in the Commerce Committee and ban lead in children’s toys. Exposure to can protect the consumers of America, being the lead person in putting to- lead can cause serious neurological and and keep situations such as the one I gether this legislation that will protect developmental health problems in chil- described in Colorado from occurring American consumers, in particular dren. In the past year, millions of chil- again. American children. dren’s toys have been recalled for con- Mr. President, I yield the floor. I wish to begin today by sharing a taining hazardous levels of lead. The The PRESIDING OFFICER. The Sen- story about a brave 4-year-old boy from toys have included metal jewelry, train ator from Arkansas. Severance, CO, by the name of Tegan sets, and Halloween costumes. I see no Mr. PRYOR. Mr. President, I ask Leisy. Tegan and his family found out reason why Congress would pass a Fed- unanimous consent to have printed in

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.005 S04MRPT1 smartinez on PRODPC61 with SENATE S1514 CONGRESSIONAL RECORD — SENATE March 4, 2008 the RECORD a letter, dated February 29, a potential train wreck coming on the gates. That is exactly what the Repub- 2008, from the National Association of American political scene if, in fact, the lican National Committee did. The Re- State Fire Marshals. It is addressed to worst were to happen, and we did not publicans went on to have a primary Senator INOUYE and Senator STEVENS, have a nominee in the Democratic election, realizing they were only going where they endorse this legislation, Party for President all the way down to get half their delegates. But that is this Senate bill. into late August, going into the con- not what the Democratic National There being no objection, the mate- vention in the State of the Presiding Committee did. The Democratic Na- rial was ordered to be printed in the Officer—Denver, CO—where the Demo- tional Committee rules said: We are RECORD, as follows: cratic National Convention will be. Be- going to take away half your delegates. NATIONAL ASSOCIATION OF cause then the issue would be so raw as But over the course of the summer, STATE FIRE MARSHALS, to whether to seat the Florida and the some on the Democratic National Com- Washington, DC, February 29, 2008. Michigan delegations at the conven- mittee got so riled up about Florida Hon. DANIEL K. INOUYE, tion. jumping ahead of South Carolina, Chairman, Senate Committee on Commerce, Now, the reason I am making these which wanted the privilege of being the Science and Transportation, Dirksen Senate remarks is I have talked to a number first Southern State to have a primary, Office Building, Washington, DC. of our colleagues, and what I am about that they convinced the Democratic Hon. TED STEVENS, to tell you our colleagues don’t know Vice Chairman, Senate Committee on Commerce, National Committee to exact the full Science and Transportation, Dirksen Senate about the State of Florida in this fra- measure of punishment—not what the Office Building, Washington, DC. cas that is going on. Because most peo- rules called for, to take away half the DEAR SENATORS INOUYE AND STEVENS: The ple think it was the Florida Demo- delegates—but instead take away all National Association of State Fire Marshals cratic Party that suddenly got all riled the delegates. (NASFM) consists of state public safety offi- up and shifted the Democratic primary Then, another interesting thing hap- cials committed to the protection of life, in Florida ahead of the permitted time pened. Those who wanted to punish property and the environment from fire and of February 5 and shifted it a week ear- Florida decided to concoct a pledge other hazards. NASFM deeply appreciates all you have lier to January 29. Not so. It was the that they would force all of the Presi- done to produce a bi-partisan substitute for Republican Legislature of Florida pass- dential candidates to sign, and the the Consumer Product Safety Commission ing a law that was signed into law by pledge said they would not go into Reform Act (S. 2663), and we support the sub- the Republican Governor that changed, Florida to campaign. Campaigning was stitute language without reservation. How- by law, Florida’s date from its previous defined as having staff, having an of- ever, NASFM believes that these com- date of a primary in March to January fice, using telephones, even holding a promises go far enough. We would prefer that 29. At the time the legislature did this, press conference. But, by the way, this legislation be settled in the next Con- a year ago, in the annual legislative there was an exception. They could go gress if further reductions in fines and fed- eral and state authority become necessary as session, in early 2007, the rules of the into Florida and raise money. a result of floor amendments or in negotia- Democratic National Committee said So my colleagues can see how this tions with the House of Representatives. any State moving ahead earlier than has created a highly distasteful bad Sincerely, February 5 would be penalized with taste in the collective mouths of four JOHN C. DEAN. half of its delegates taken away. Inter- and a quarter million registered Demo- Mr. PRYOR. Mr. President, I suggest estingly, that is what the rules of the crats in Florida, almost half of whom the absence of a quorum. Republican National Committee said turned out on election day, January 29, The PRESIDING OFFICER. The as well. But when the Florida Legisla- when they were being told: Your vote clerk will call the roll. ture moved the date—and by the way, is not going to count. Well, it is pretty The assistant legislative clerk pro- here is another fact that my colleagues precious to us in Florida that our vote ceeded to call the roll. of the Senate are surprised about when count, and our vote count as intended, Mr. SALAZAR. Mr. President, I ask I tell them. When the bill came for- and 1.75 million Florida Democrats unanimous consent that the order for ward, it was an election reform bill, an turned out. That was far in excess of the quorum call be rescinded. election machine reform bill that was twice the number that had ever turned The PRESIDING OFFICER. Without clearly going to pass on final passage out in any Presidential primary held in objection, it is so ordered. in the Florida Legislature. the State of Florida before. The Demo- Mr. SALAZAR. Mr. President, I ask It had a provision put forth by the cratic National Committee still says unanimous consent that I be listed as Republicans in the legislature of mov- they are not going to allow Florida’s an original cosponsor of this legisla- ing the primary date early, to January votes to be counted. Well, all of this tion. 29. The Democratic leader of the Flor- fracas is coming full circle. The PRESIDING OFFICER. Without ida Senate offered an amendment to Now, by the way, it wasn’t that a lot objection, it is so ordered. put it back to comply with the rules of of us didn’t try. A whole bunch of us in Mr. SALAZAR. Mr. President, I sug- the Democratic National Committee to the Florida congressional delegation gest the absence of a quorum. February 5. That amendment was de- first tried to work a compromise. We The PRESIDING OFFICER. The feated, and then the bill went on to tried to say if everyone would get in clerk will call the roll. final passage since the main part of the the order that they wanted, the first The assistant legislative clerk pro- bill was election machine reform— four original States could end up being ceeded to call the roll. something we are sensitive about in the first anyway. But, no, they were Mr. NELSON of Florida. Mr. Presi- Florida, by the way—and the Governor not about to listen to a compromise. dent, I ask unanimous consent that the signed it into law, thus making part of This is back in the summer. This is in order for the quorum call be rescinded. the bill January 29. But then, once it August. This is in early September, be- The PRESIDING OFFICER (Mr. became the law—and nobody is going fore the final decision became effective SALAZAR). Without objection, it is so to change that in Florida; that is the in September from the DNC of cutting ordered. law. That is the date of the election. off all the delegates in Florida. Con- Mr. NELSON of Florida. Mr. Presi- That is the date around which all of gressman ALCEE HASTINGS and I even dent, I understand we are trying to di- the State election machinery would op- filed suit in Federal district court vide the quorum calls, so until some erate, and the State of Florida would, against Howard Dean and the Demo- other Senator comes and wants to in fact, pay for that election. And in- cratic National Committee on the con- speak, I will seek the appropriate par- deed they did—$18 million worth of stitutional arguments that due process liamentary position. paying for. and equal protection of the laws under FLORIDA DEMOCRATIC PRIMARY Then an interesting thing happened the Bill of Rights in the Constitution But I wish to take this opportunity on the way to this crisis. The Repub- was violated. The Federal judge who to speak about the bill, the Consumer lican National Committee said: No, heard the case in December decided he Product Safety Commission. I also Florida, you moved your date early. bought the argument of the DNC, that wish to speak about another unrelated You broke the rules. Our rules say we a court case from the 1970s—a Wis- subject, but one in which we are having are going to take away half your dele- consin case, in fact—applied, and that

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.048 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1515 the DNC could do whatever it wanted tions that the Senate has taken ment might actually slow this bill in the setting of its rules. through our Commerce Committee and down. In fact, the opposite is true. If So what we come to is an unfortu- on the Senate floor so far. While there we were to adopt this amendment, the nate turn of events where, if the race is are some portions of the House bill consumer product safety bill could go close, and delegates pledge delegates that are positive, and I am pleased to to the President tonight. This is a bill and decisions of superdelegates going say we will be happy to work with that has been thoroughly vetted and into the summer, and if Florida and them in conference. I must oppose this includes a lot of good provisions about Michigan, which have a different set of amendment because it would gut this which I would like to speak. But even circumstances, which are both being entire bipartisan compromise that is my colleagues who would like to vote denied, were to make the difference, now before the Senate. for the final Senate bill—I don’t know and if they are not seated at the Demo- Consumer product safety has been be- whether my amendment will be adopt- cratic National Convention, it is fi- fore the Senate before, and we have not ed or not tonight—can still vote for the nally dawning on the partisan party been able to get to this point. We have Senate bill even if they vote for the leaders that how are Florida and gotten to this point because Senator House bill. Michigan and the people of those PRYOR, Senator INOUYE, Senator COL- Voting for this amendment is voting States going to feel 2 months hence LINS, myself, and others have worked for a good, clean, bipartisan consumer after the Democratic National Conven- together to bring to the Senate a bill product safety bill that we might not tion, when election day, November 4, that has positive safety provisions that have at the end of this process. As all comes around. That is starting to are not currently in the House bill. I of us know, the longer this debate goes make some people very nervous. urge my colleagues to vote no on this on, the more nongermane amendments So I call on all the reasonable amendment because what we have done will be added to the bill, and the possi- heads—as the Good Book says, come in this bill will provide some very posi- bility of this bill being passed and let us reason together—to honor the tive changes that I believe the House going to conference and actually com- fact that almost 2 million Florida will be willing to accept in conference. ing out with a bill we can all support— Democrats went and voted and they ex- The difficulty is this amendment would we don’t know what the odds of that pect their vote to count and count as not include those additional protec- are. But we do know if we pass the they intended it to count. I call on the tions. We would have to go back and House version of the bill tonight, we reasonable leadership to come together start all over again in the legislative will have a new consumer product safe- for the sake of unity and allow us to go process to address the additional provi- ty bill that does a number of the things into a convention in a unified fashion sions we have added to this bill. all of us want. I will mention a few of so that we can have a very legitimate I believe we can get through the those. election process for the leader of our amendment process in the next couple One of the items we talked about is country for the next 4 years. of days, and it is my hope we can go to not just to count on companies to test I understand there are other Sen- conference and this bill will be sent to their own product safety but to have a ators who wish to speak, so I will defer the President as soon as possible. I be- third-party testing, particularly of my comments about the Consumer lieve the country is ready for a change children’s products, for lead and other Product Safety Commission bill, of and a reemphasis on consumer product hazards. The House bill sets that up. which I am a cosponsor, until a later safety, particularly as it relates to We also require manufacturers to put time. children. distinguishing marks on their products I yield the floor. I am the father of 6 children, grand- so that in the event of a recall, we The PRESIDING OFFICER. The Sen- father of 11, and I hope to have more— would know how to identify the prod- ator from South Carolina is recognized. at least grandchildren. That is sup- ucts that are out in the marketplace AMENDMENT NO. 4095 posed to be funny. I think we ought to that need to come back. Consumers Mr. DEMINT. Mr. President, I would be able to take this compromise bill to would know which ones are safe and like to speak for a few minutes on my conference, and I welcome that. I which ones are not. amendment that I believe we will be promise I will confer with my col- It also replaces the aging testing labs voting on at 5:30 today. This amend- league with regard to the changes we the Commission uses now and installs a ment brings up the House-passed con- might make in conference, but this is state-of-the-art testing system that sumer product safety bill. This was a not the time to end this bipartisan will help us determine more quickly bill that had extraordinary bipartisan process. which products are safe and those that support. It was led by Speaker NANCY If there is one thing the Senate are not. PELOSI and Chairman DINGELL and needs, the one thing Congress needs, it We create a new system of advising Ranking Member BARTON. They worked needs bipartisanship to move forward the public when we have found a safety together for a number of weeks to cre- on the business we should act on during problem through using the Internet, ate a bill that did a lot of the things we this Congress. This is a product of that, radio, and television, and we preserve had hoped to do in the Senate, and the product of a long, hard conference the strong relationship between indus- Chairman DINGELL has encouraged us on a bipartisan basis. try and the Consumer Product Safety to take up the House bill and pass it I urge my colleagues to vote no on Commission, so we get the information today. this amendment. It is my hope the Sen- from them on a constant basis if there I see Senator STEVENS has come to ate will allow us to go to conference on are any safety problems or even im- the floor, and I know he wants to speak the bill on which we worked so hard. provements in safety in different prod- on this bill. I would be glad to yield my I thank the Senator for his courtesy. uct categories. And we restore the full time or part of my time and then fol- The PRESIDING OFFICER. The Sen- panel of Commissioners to the Com- low Senator STEVENS, if he would like ator from South Carolina. mission, which is not in place right me to. I think we have the balance of Mr. DEMINT. Mr. President, I agree now. the time until 5:30 together, and I un- with a number of points the Senator The House bill had support from a derstand the Senator from Alaska from Alaska just said, particularly the total range of Members. From the most needs 5 minutes. I yield 5 minutes to importance of working in a bipartisan conservative Republican to the most Senator STEVENS. fashion on a bill as important as con- liberal Democrat, they agreed to come The PRESIDING OFFICER. The Sen- sumer product safety. That is exactly together without further delay and ator from Alaska is recognized. what I am proposing with this amend- pass a bill that we need. Mr. STEVENS. Mr. President, the ment because this is something that The groups from the outside that Senator is very generous for sharing not only had bipartisan support in the look at these issues, particularly the his time. I have come to the floor to House, it had unanimous support in the manufacturer groups, such as the Na- speak on his substitute bill. House. tional Association of Manufacturers I hope the Senate realizes this is a The Senator from Alaska also men- and the Chamber of Commerce, that complete substitute, and it will take tioned the importance of moving represent millions of jobs across this the House bill and replace it for the ac- quickly. He suggested that my amend- country—and that is really what we

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.050 S04MRPT1 smartinez on PRODPC61 with SENATE S1516 CONGRESSIONAL RECORD — SENATE March 4, 2008 are talking about here. The Senate bill basically cut and pasted it into their not take a principled stand on this would actually put an additional bur- legislation. So we have a little bit of, I issue, we are just going to be dumping den on American-based manufacturers guess you can say pride of authorship our problems on other countries. Un- that our foreign competitors do not in the House version. There are a lot of fortunately, the DeMint amendment have. If there is one thing we do not good provisions in the bill. takes that away. need to do as a Congress, it is to make The House version is different in sev- I am certainly not critical of Senator it even more difficult to do business in eral material ways. I went through DEMINT or critical of the House. The this country, to put our workers at a some of those before, but let me touch House came together in a bipartisan further disadvantage to workers from on about 8 or 10 more items right now. way. The bottom line is, we just have a overseas by adding an unnecessary bur- And I can do this very quickly. stronger bill in the Senate. It is a bill den to this consumer product safety First, the Senate bill gives a finan- of which we can be proud. It is a bill bill, provisions that do not necessarily cial responsibility in the sense that it people in our home States would love improve safety but do make it increas- requires, under certain circumstances, to see us pass. I tell you, most people ingly difficult to be competitive as an manufacturers to put funds in escrow in Arkansas, most people around the American manufacturer. We need not or to get insurance in the event of a re- country in the other 49 States probably do that. call. It is not automatic, but it allows could not tell you what CPSC stands The Senate bill has some problems, the CPSC to do that under cases that for, but they could tell you they want and we have a number of amendments might warrant that action. The stronger and tougher protections when we can add. Right now, my amendment DeMint amendment takes that away. it comes to imported products. They has the support of the National Asso- The Senate bill has a specific provi- want to make sure someone is watch- ciation of Manufacturers, chamber sion on portable gasoline containers ing to make sure the toys they buy for groups; business journals, such as the and makes it clear that there will be a their children and grandchildren are Wall Street Journal, are supportive of national standard. Again, the DeMint safe. They want to make sure that this amendment, and they are not sup- amendment takes that away. someone in the Federal Government is portive of the Senate version, frankly. The Senate bill has several provi- watching to make sure products, such So we have a better alternative to- sions on all-terrain vehicle safety. It as lighters, are safe and products as night. I encourage my colleagues to set sets a national standard. It sets all simple as gasoline cans are safe and aside partisanship, to set aside maybe kinds of benchmarks that need to be that when you use a portable gener- particular special interests we may met, and it makes the Federal law very ator, you do not get carbon monoxide want to do some favors for in the Sen- clear about ATV safety standards in poisoning. People in our country ex- ate bill. The House set that aside, and this country. Unfortunately, the pect those kinds of standards, and that they did the right thing. That is really DeMint amendment takes that away. is exactly what the Senate bill does. It what I am encouraging my colleagues The Senate bill also contains a ga- is good not just for the CPSC, but it is to do tonight: Do the right thing. rage door opener standard. We all know good for this country. This is not a bill I created. This is a how dangerous garage door openers can As I have said before, we have several bill which is supported by Speaker be. They do not have to be. There is specific differences I have just articu- NANCY PELOSI and Chairman DINGELL, technology available. We set a national lated, differences between the House as well as the Republicans on the standard which is a good belt-and-sus- version and the DeMint amendment, House side. We probably will not have penders type of standard. Again, we are which is basically the House version. another opportunity this year as a Sen- talking about garage doors that have a The bottom line is, the Senate bill has ate to vote for a bill that has unani- track record of causing injury, in some more transparency, more enforcement, mous support in the House. Yet we cases death, not just to children but and more comprehensive reform. This have it on the floor tonight. I encour- mostly to children. The DeMint amend- bill is something of which we can all be age my colleagues: Do the right thing. ment takes that standard away. proud. Not that we go home and brag Let’s practice what we preach for once The Senate bill also contains a provi- to people in our home States about get- and be bipartisan and support an sion on carbon monoxide poisoning, ting something right up here, but this amendment that will get a consumer specifically with generators. Again, will give every Senator in this Cham- product safety bill to the President this has been a problem, not just with ber an opportunity to go to their home right away so we can start the imple- Katrina and Rita and other situations State and talk about something good mentation process. such as those but just generally for the Senate is doing for this country, Mr. President, I appreciate the time. people who use these generators in var- something that is nonpolitical, some- I know my colleague, the chairman, ious contexts. There has been a carbon thing that is bipartisan, something wishes to speak before the vote. I yield monoxide poisoning problem. The Sen- that is good public policy, and that is the remainder of my time. He can have ate bill takes care of that problem. Un- the Senate bill. the rest of that time. I yield back my fortunately, the DeMint amendment Again, the House bill is good. It is time. takes that away. OK. It is an improvement over current The PRESIDING OFFICER. The Sen- The completion of a cigarette lighter law. I do not have any criticism of our ator from Arkansas. rulemaking is something that has been House colleagues for doing what they Mr. PRYOR. Mr. President, I thank pending with the CPSC for quite some did, I really do not, especially consid- the Senator from South Carolina for time. We clarify that there will be a ering that about half of that bill is his gracious allotment of time and tell national standard. We set that stand- really the Senate committee bill. Re- him how much I appreciate his spirit of ard. We pretty much tell the CPSC gardless of that, I do not have any crit- cooperation and trying to come to- what needs to happen with this issue. icism of them, and I do not want any- gether and find as much common Unfortunately, the DeMint amendment thing I have said to be interpreted as ground as we can on not just his takes that away. criticism. But the Senate bill is strong- amendment that is pending but other The last point I want to make—there er, it is better, it is more comprehen- amendments and other matters. He has are several other points I could make, sive, it is better for the American peo- been a true gentleman in how he has but the last one I want to mention is ple, and I think it will, over time, less- conducted himself, and I appreciate under certain circumstances, the Sen- en the amount of litigation, and I that. ate bill provides for the destruction of think over time you will see fewer re- I wish to say a few words about the imported products that violate our calls and you will see consumer con- DeMint amendment. Really, all the safety standards. This is important be- fidence in products they buy go up. DeMint amendment does is it cedes us cause if we do not destroy those prod- Overall, this is a very good bill for to the House version of the bill. It is ucts, somehow, some way, oftentimes the people of this country. I encourage significantly different. As I said before, they end up in the U.S. market even my colleagues to vote no on the the House, during their process, basi- though they are not supposed to, but DeMint amendment, and on final pas- cally took about half, maybe a little also we see the dumping of these prod- sage of the Senate bill, whenever that more of the Senate committee bill and ucts in Third World countries. If we do happens—tomorrow or the next day—I

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.052 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1517 encourage all my colleagues to vote CHANGE OF VOTE safety practice. They include such yes. Mr. ENSIGN. Mr. President, on roll- basic and logical safety measures as Mr. President, I yield the floor, and I call vote No. 37, I voted aye. It was my the use of seatbelts and fire extin- suggest the absence of a quorum. intention to vote no. Therefore, I ask guishers. These are not new tech- The PRESIDING OFFICER. The unanimous consent that I be permitted nologies. These are safety features clerk will call the roll. to change my vote since it will not af- widely used in other transportation The legislative clerk proceeded to fect the outcome. equipment. They are commonsense. call the roll. The PRESIDING OFFICER. Is there They save lives. They should be a Mr. PRYOR. Mr. President, I ask objection? given, not some distant goal. unanimous consent that the order for Without objection, it is so ordered. Many of the injuries sustained in the quorum call be rescinded. Mr. PRYOR. Mr. President, I suggest motor coaches could be prevented by The PRESIDING OFFICER. Without the absence of a quorum. incorporating high-quality safety tech- objection, it is so ordered. The PRESIDING OFFICER (Mr. nologies that exist today but, unfortu- Mr. PRYOR. Mr. President, I move to MENENDEZ). The clerk will call the roll. nately, are not widely used, such as table the DeMint amendment, and I The legislative clerk proceeded to crush-proof roofing and glazed windows ask for the yeas and nays. call the roll. to prevent ejection. The PRESIDING OFFICER. Is there a Mr. BROWN. I ask unanimous con- Unfortunately, the Bluffton Univer- sufficient second? sent that the order for the quorum call sity baseball team’s bus crash was not There appears to be a sufficient sec- be rescinded. an isolated incident. Senator The PRESIDING OFFICER. Without ond. HUTCHISON quickly pointed to the The question is on agreeing to the objection, it is so ordered. many accidents in Texas while this bill Mr. BROWN. I ask unanimous con- motion. was being drafted, such as the crash in- sent to speak as in morning business. The clerk will call the roll. volving the Westbrook High School The PRESIDING OFFICER. Without The assistant journal clerk called the girl’s soccer team in 2006. objection, it is so ordered. roll. As a father of four and recently a Mr. DURBIN. I announce that the MOTOR COACH SAFETY grandfather, it upsets me to know Senator from West Virginia (Mr. Mr. BROWN. Mr. President, last Sun- motor coaches are such unregulated ve- BYRD), the Senator from New York day marked the 1-year anniversary of a hicles that our kids don’t have the op- (Mrs. CLINTON), and the Senator from tragic bus crash outside Atlanta, GA, tion to buckle up. The tragedy of these Illinois (Mr. OBAMA) are necessarily ab- which was transporting members of the and other motor coach accidents has sent. Bluffton University baseball team from created motivation and hope in Mr. Mr. KYL. The following Senator is my State of Ohio to play baseball in Betts and others for increased safety in necessarily absent: the Senator from Florida. The crash took the lives of this industry in the future. It is our job Arizona (Mr. MCCAIN). Tyler Williams and Cody Holp, Scott to take that motivation and that hope The PRESIDING OFFICER (Mr. Harmon, Zack Arend, and David Joseph and turn them into action. SALAZAR). Are there any other Sen- Betts. The driver, Jerome Niemeyer, I urge my colleagues to consider the ators in the Chamber desiring to vote? and his wife Jean were also killed in Motor Coach Enhancement Safety Act. The result was announced—yeas 57, the crash. Most of the other 33 pas- Passage of this bill would undoubtedly nays 39, as follows: sengers were treated for injuries. mean saved lives in the future. It is my [Rollcall Vote No. 37 Leg.] While the investigation into the hope in the future parents will not cause of the crash is ongoing, one thing YEAS—57 have to endure the anguish and the is clear: Stronger safety regulations rest-of-his-life grief that John Betts Akaka Hagel Nelson (FL) could have minimized the fatalities Baucus Harkin Nelson (NE) and other families’ members have expe- Bayh Inouye Pryor and injuries resulting from the crash. rienced. Biden Johnson Reed John Betts, who lost his son in this For those who suffered from the trag- Bingaman Kennedy Reid accident, sees upgrading the safety Boxer Kerry Rockefeller edy in Atlanta of the Bluffton baseball laws for motor coaches as an oppor- Brown Klobuchar Salazar team on March 2, 2007, I offer my Cantwell Kohl Sanders tunity to save the lives of future rid- thoughts and prayers. Cardin Landrieu Schumer ers. One year ago, Mr. Betts made a Mr. COCHRAN. I ask unanimous con- Carper Lautenberg Smith promise to his late son. He promised to Casey Leahy Snowe sent to speak for up to 5 minutes as in dedicate himself to motor coach safety. Collins Levin Specter morning business. Conrad Lieberman Stabenow Thus, through this tragedy, a move- The PRESIDING OFFICER. Without Dodd Lincoln Stevens ment began to adopt commonsense Dorgan McCaskill Tester objection, it is so ordered. Durbin Menendez Warner safety regulations that lower the risk AIR FORCE AERIAL REFUELING TANKER Feingold Mikulski Webb of injury or fatality in accidents. Mr. Feinstein Murkowski Whitehouse Betts launched a Web site to educate SELECTION Grassley Murray Wyden the public about motor coach safety. Mr. COCHRAN. Mr. President, I was NAYS—39 He agrees to do regular interviews so pleased to learn last week that the Air Force had made a selection for the de- Alexander Cornyn Isakson he can use his own heartbreaking expe- Allard Craig Kyl rience to gain momentum for his cause. velopment and procurement of its new Barrasso Crapo Lugar Mr. Betts visits his son’s grave twice aerial refueling tanker fleet. I am told Bennett DeMint Martinez that the replacement of the 1950s-era Bond Dole McConnell a day. Of his visit the other day, he Brownback Domenici Roberts said: fleet of KC–135s had been the Air Bunning Ensign Sessions I just asked him to give me strength, give Force’s No. 1 procurement priority. By Burr Enzi Shelby me wisdom, give me the words to keep fight- the time the last one is replaced, it will Chambliss Graham Sununu be over 80 years old. It is good to see Coburn Gregg Thune ing to make sure something good comes from Cochran Hatch Vitter something so bad. the Air Force move forward to replace Coleman Hutchison Voinovich Last fall, Senator KAY BAILEY these aging aircraft. Corker Inhofe Wicker HUTCHISON of Texas and I joined this GEN Arthur Litche, the commander NOT VOTING—4 effort, introducing the Motor Coach of Air Mobility Command, whose mis- Byrd McCain Enhanced Safety Act. This bill, which sion it is to provide rapid global mobil- Clinton Obama has the support of Mr. Betts and count- ity and sustainment for America’s The motion was agreed to. less safety advocates, would codify rec- Armed Forces, recently said: Mr. PRYOR. Mr. President, I move to ommendations from the National Tanker modernization is vitally important reconsider the vote and move to lay Transportation Safety Board. It sur- to national security. that motion on the table. prised me—and it will surprise my col- I have been told this acquisition se- The motion to lay on the table was leagues—that the safety improvements lection process is the most documented agreed to. in this bill are not already standard selection process the U.S. Air Force

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.054 S04MRPT1 smartinez on PRODPC61 with SENATE S1518 CONGRESSIONAL RECORD — SENATE March 4, 2008 has ever conducted. Last Friday, Sec- choking hazard. There was a children’s There are two provisions that are retary of the Air Force Michael Wynne craft kit containing beads that when critical. First, the third-party testing said: swallowed became ingested into the provision ensures that all of those toys Today’s announcement is the culmination child’s digestive system; and what and products undergo testing by a of years of tireless work and attention to de- came out of those beads was the same third party prior to entering the tail by our Acquisition professionals and chemical compound, believe it or not, stream of commerce. Any that did not source selection team, who have been com- as GHB, which is the date rape drug. have the third-party testing would be mitted to maintaining integrity, providing The Laugh & Learn Bunny became a banned from importation. Now, why is transparency, and promoting a fair competi- choking hazard. This magnetized build- this necessary? Because we were let- tion for this critical aircraft program. ing set, as shown on this chart—over 4 ting the Chinese industry police itself, The Air Force advises us that 25,000 million units were sold—those magnets and it wasn’t doing it, and the Govern- American workers at 230 U.S. compa- became ingested into the child’s diges- ment of China wasn’t doing the in- nies located in 49 States will support tive track. Thomas the Train, over 1.5 specting. So we had the substandard the assembly of these aircraft. The million units were sold, and lo and be- and indeed unsafe toys coming to the winning proposal was submitted by the hold those were painted with lead American consuming public. team led by Northrup Grumman and paint. And then the Barbie acces- Second, this bill would set the first includes EADS North America and sories—675,000 units of those were mandatory safety standards by adopt- General Electric Aviation. It was sold—had lead paint. And there were ing the ASTM—the international con- judged to provide the best value for the other toys. In fact, one of them was sumer safety specifications for toy U.S. Air Force and for the U.S. tax- some kind of little doll where the nose safety. That is often referred to as payer. General Litche said the winning came off. It was exactly the size that standard F–963. ASTM is a nonprofit proposal gives the military more pas- could get into a child’s windpipe and standard-setting organization. It is an sengers, more cargo, more fuel to off- cause them to choke to death. independent organization that involves load, more availability, more flexi- As a matter of fact, one of the chil- the CPSC—the Consumer Product Safe- bility, and more dependability. dren’s hospitals in Florida I visited ty Commission—consumer groups, and I am pleased to congratulate the win- about this very thing gave me a plastic the industry in toy standards and the ners of the competition, and I look for- thimble of about the size they said development process. The standards ward to the day when this new aircraft they hand out to the children’s parents contain 100 other toy safety specifica- joins the fleet. because they want them to see the size tions, including testing for shock I suggest the absence of a quorum. of anything that could detach—if it did points, flammability, toxicity, and The PRESIDING OFFICER. The from a toy—that is a choking hazard noise. clerk will call the roll. for a child. These standards, in their develop- The legislative clerk proceeded to So in visiting with this team of emer- ment process, also provide a fast, col- call the roll. gency room doctors, they showed all laborative process to address these Mr. PRYOR. Mr. President, I ask these things in real life to me and told changing conditions. So when the de- unanimous consent that the order for me about the invasive surgery that tachable magnet issue arose last year, the quorum call be rescinded. then they had to do on children that the ASTM standards development team recognized the seriousness of the issue. The PRESIDING OFFICER. Without was traumatic for a child who is 4 or 5 They came up with a new magnet safe- objection, it is so ordered. years old. ty standard 9 months after the problem f Then, I had the very sad duty to visit with a momma and a daddy in Jack- was first reported. MORNING BUSINESS Well, under the provisions of the bill, sonville, who left two of their children the updates to the ASTM standard will Mr. PRYOR. I ask unanimous con- in a room with a disco ball toy. What sent that the Senate proceed to a pe- automatically be incorporated into the happened? It became overheated be- Federal toy safety standard, unless for riod of morning business with Senators cause it was illuminated. It became permitted to speak for up to 10 minutes some reason the CPSC would determine overheated. It caught fire, and it emit- that it wasn’t going to improve the each. ted enough carbon monoxide to kill public safety. So as a result, the con- The PRESIDING OFFICER. Without both the children. sumers are going to have the benefit of objection, it is so ordered. Now, these incidents simply should new toy safety standards immediately Mr. PRYOR. I suggest the absence of not be happening. Yet with this bill after the adoption of this legislation. a quorum. Senator PRYOR is managing on the Taken together, these provisions will The PRESIDING OFFICER. The floor, we can better ensure American ensure that toys will be tested by a rig- clerk will call the roll. parents do not have to face another orous third-party testing process that The legislative clerk proceeded to summer of recalls. is constantly updated to address new call the roll. So this act is going to do a number of and emerging hazards to our children. Mr. NELSON of Florida. Mr. Presi- things. It would increase the number of Third-party testing has been endorsed dent, I ask unanimous consent that the professional staff who work at the Con- by a number of consumer groups and a order for the quorum call be rescinded. sumer Product Safety Commission. It number of the manufacturers that real- The PRESIDING OFFICER. Without would ensure consumer access to infor- ize we have a problem here. So we need objection, it is so ordered. mation about these products. It would to build a consensus and get this legis- f eliminate lead from children’s prod- lation passed. ucts. It increases civil penalties for Last year, over 46 million children’s CONSUMER PRODUCT SAFETY wrongdoers. And it protects employees COMMISSION REFORM ACT products were recalled—can my col- from retribution who report violations leagues believe that, 46 million re- Mr. NELSON of Florida. Mr. Presi- of consumer product safety. This bill called—and almost a fifth of those were dent, I wish to speak as to why the also requires the first mandatory recalled after a child was seriously in- Consumer Product Safety Commission standard for toy safety, and it requires jured or killed. It is not enough just to Reform Act is so desperately needed. third-party testing of toys and other recall these toys; we need to make sure Most parents, and consumers for that children’s products. they never enter the stream of com- matter, will not forget in the past—and What has come to the floor is a com- merce in the first place, and this bill it was as recent as this past summer— bination of different legislation. What provides that safety. the huge amount of toy recalls. There this Senator had contributed was S. I wish to say there is also something were children’s jewelry and toys that 1833, the Children’s Products Safety in here about generators, portable gen- were covered in lead paint. There were Act, which would require third-party erators. If you live in a coastal State toys with detachable magnets that can testing of products intended for chil- such as mine and you get hit by a big cause fatal intestinal obstructions. dren aged 7 and under. I am very hurricane—and especially gasoline sta- There were stuffed animals with small pleased it has been included in this tions are learning they need them be- parts that can detach and become a overall package. cause people need to be able to drive

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.057 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1519 their cars and they can’t get gasoline— based bipartisan support. I appreciate But it is essential to manufacturers that well, in any kind of natural disaster the effort all of our colleagues have they are able to plan on the 35 miles per gal- such as that, people really rely on done, but I did want to single out Sen- lon standard in 2020. We must resolve now with the sponsors of this legislation in the these portable generators to provide ator BILL NELSON, who has been so in- Senate any ambiguity that could arise in the electricity. Unfortunately, every year, strumental in moving this forward. future when EPA issues new rules to regu- a number of people are severely injured Mr. President, if there is no one else late greenhouse gas emissions from vehicles or killed by the carbon monoxide poi- who is planning on speaking, I suggest pursuant to its authority under the Clean soning that results from improper gen- the absence of a quorum. Air Act so that our manufacturers can have erator use. They crank this thing up in The PRESIDING OFFICER (Mr. NEL- certainty. With that in mind, I want to clar- an enclosed room, and they ultimately SON of Florida). The clerk will call the ify both Senator Inouye’s and Senator Fein- are harmed or killed as a result of car- roll. stein’s understanding and interpretation of The assistant legislative clerk pro- what the Congress is doing in this legislation bon monoxide. and to clarify their agreement that we want Section 32 of the CPSC Reform Act ceeded to call the roll. all Federal regulations in this area to be requires the CPSC to complete a long- Mr. PRYOR. Mr. President, I ask consistent. We do not want to enact this leg- pending rulemaking on portable gener- unanimous consent that the order for islation today only to find later that we have ator carbon monoxide poisoning within the quorum call be rescinded. not been sufficiently diligent to avoid any 18 months of the enactment. When this The PRESIDING OFFICER. Without conflicts in the future. rule is finalized, it is going to require objection, it is so ordered. The Environmental Protection Agency has authority under the Clean Air Act to regu- new technologies to stop these trage- Mr. PRYOR. Mr. President, it looks as if we are at the close of our business late greenhouse gas emissions from vehicles dies, and it will save lives. It is a won- and to delegate that authority, as the agen- der that the CPSC hadn’t already done today. Tomorrow, I look forward to re- cy deems appropriate, to the State of Cali- this when folks such as myself are ar- turning to the consideration of S. 2663, fornia. This authority was recently upheld ticulating what has happened with the the Consumer Product Safety Commis- by the U.S. Supreme Court, and it is not our deaths in the aftermath of a hurricane sion Reform Act. purpose today to attempt to change that au- and have asked them to do it. Now we f thority or to undercut the decision of the Supreme Court. We simply want to make are going to bring it to fruition be- COLLOQUES REGARDING H.R. 6 clear that it is Congressional intent in this cause it is going to be required under Mr. LEVIN. Mr. President, I have bill that, with respect to regulation of green- this legislation. been asked about the timing of the col- house gas emissions, any future regulations I again thank my colleague, Senator issued by the Environmental Protection loquy that I entered into with Senators PRYOR, who is shepherding this legisla- Agency to regulate greenhouse gas emissions tion through a tortuous legislative INOUYE and FEINSTEIN on December 13, from vehicles be consistent with the Depart- process. I hope all of our colleagues 2007, during consideration of H.R. 6, the ment of Transportation’s new fuel economy will join in supporting this critical leg- Energy Independence and Security Act regulations that will reach an industry fleet islation. of 2007. wide level by 35 miles per gallon by 2020. Immediately prior to the vote on clo- Does the Senator from California and Mr. President, I yield the floor, and I original sponsor of this legislation, Mrs. suggest the absence of a quorum, un- ture, on the motion to concur with an amendment to the House amendment Feinstein, agree with my view that the in- less the Senator from Arkansas—it tent of this language is for EPA regulations looks as if his eloquent self is rising to to the Senate amendment to the text on greenhouse gas emissions from vehicles to speak. of H.R. 6, I was recognized on the Sen- be consistent with the direction of Congress The PRESIDING OFFICER. The Sen- ate floor and requested and obtained in this 35 miles per gallon in 2020 legislation ator from Arkansas is recognized. consent ‘‘that a colloquy between my- and consistent with regulations issued by Mr. PRYOR. Mr. President, before self, Senator Inouye and Senator Fein- the Department of Transportation to imple- stein be inserted in the record at this ment this legislation? my dear colleague from Florida leaves Mrs. FEINSTEIN. Yes, of course, we have the floor, I would like to acknowledge point.’’ Agreement among the three of us on worked hard to come together on this legis- his work on this legislation. He has lation directing NHTSA to issue new fuel been a real go-to guy on these toy the content of that colloquy was crit- economy regulations to reach an industry issues. In fact, he had filed a bill—be- ical to both my vote for cloture and my fleet wide level of 35 miles per gallon by 2020, fore we even filed our bill that became later vote for final passage, as I indi- and it is our intent in the bill before us that the committee bill, he filed a bill that cated in my own statement prior to all Federal regulations in this area be con- basically—I don’t want to say we took final passage that was submitted later sistent with our 35 miles per gallon in 2020 in the day. The colloquy between Sen- language. verbatim, but we took large pieces of it Mr. LEVIN. I thank the Senator for her ator INOUYE, Senator FEINSTEIN, and and all the concepts of it and incor- clarification of her intent. porated his legislation, and it really me read in its entirety, as follows: Does the chairman of the Commerce Com- became the bedrock piece of the com- NHTSA REGULATIONS ON FUEL ECONOMY mittee, the distinguished Senator from Ha- mittee bill, which has now been amend- Mr. LEVIN. Mr. President, I support this waii, Mr. Inouye, agree with my under- ed and substituted, and now it is the bill and, in particular, the provisions that re- standing of the intent of this bill that any regulations issued by the Environmental bipartisan bill the Senate is working quire the Department of Transportation, through the National Highway Traffic Safety Protection Agency be consistent with the di- on. So Senator BILL NELSON of Florida Administration, NHTSA, to set new fuel rection of Congress in this legislation and really deserves a lot of credit for help- economy standards for vehicles that will regulations issued by the Department of ing to get the ball rolling and getting reach an industry fleet wide level of 35 miles Transportation to implement this legisla- things moving in the right direction. per gallon by 2020 based on my under- tion? In fact, we have so many colleagues standing that these new Federal standards Mr. INOUYE. Yes. I agree that it is very who have helped in this process, and I will not be undercut in the future by regula- important that all Federal regulations in will thank them more as the week goes tions issued by the Environmental Protec- this area be consistent and that we provide clear direction to the agency that has re- on. But I think of SUSAN COLLINS of tion Agency regulating greenhouse gas emis- sions from vehicles. sponsibility for setting fuel economy stand- Maine, who came in probably, I don’t I believe that we have taken historic steps ards, the Department of Transportation. know, several months ago—I don’t re- in this legislation by putting in place ambi- Mr. LEVIN. I thank my distinguished col- member exactly when—and she had a tious but achievable fuel economy standards league from Hawaii, Mr. Inouye, for his clari- very important role. Of course, Senator that will reduce our Nation’s fuel consump- fication. STEVENS really worked hard to make tion and greenhouse gas emissions. In this With the colloquy accepted and this bipartisan. Both of them are Re- legislation, the Senate and House have come placed in the CONGRESSIONAL RECORD, I publican cosponsors. together and established the appropriate voted to invoke cloture. Sometime Again, for all of the Senators who are level of fuel economy standards and have di- after the vote on cloture, later in the listening, I would love to talk to more rected NHTSA to implement that through day, a separate colloquy between Sen- new regulations. In this legislation, the Con- Republican Senators about maybe pos- gress has agreed that the appropriate level of ator FEINSTEIN and Senator INOUYE was sibly becoming cosponsors in the next fuel economy to reach is 35 miles per gallon inserted in the CONGRESSIONAL RECORD. day or two because, as we saw from the in 2020, or an increase of 10 miles per gallon It was placed in the RECORD imme- vote tonight, this bill does have broad- in 10 years. diately following the Levin-Feinstein-

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.059 S04MRPT1 smartinez on PRODPC61 with SENATE S1520 CONGRESSIONAL RECORD — SENATE March 4, 2008 Inouye colloquy, quoted above, al- I agree with the Supreme Court’s view of positive force in society. They hope to though it was, in fact, presented for in- consistency. There is no reason to think the achieve their objective by focusing this clusion in the RECORD at a later point two agencies cannot both administer their year on improving parental involve- obligations and yet avoid inconsistency. in the day, as noted by Senator INOUYE ment in athletics, encouraging parents The U.S. District Court for the Eastern in the second sentence of the Inouye- District of California in Central Valley to be good sports on the sidelines so Feinstein colloquy. Their colloquy Chrysler-Jeep v. Goldstone has reiterated they can be good models of ethical be- reads as follows: this point in finding that if approved by havior for their children. AGENCY MANAGEMENT EPA, California’s standards are not pre- I am proud that Rhode Island is the Mr. INOUYE. Mr. President, I have worked empted by the Energy Policy Conservation home base of this program, and I hope for many months with the Senior Senator Act. it enjoys continued success. from California and the original sponsor of Title I of the Energy Security and Inde- f this legislation, Mrs. Feinstein, to draft a pendence Act of 2007, H.R. 6, provides clear sound policy to increase fuel economy stand- direction to the Department of Transpor- TRIBUTE TO JOHNNIE CARR tation, in consultation with the Department ards in our country. I stated earlier today Mr. SESSIONS. Mr. President, it is that ‘‘all Federal regulations in this area be of Energy and the Environmental Protection consistent.’’ I wholly agree with that notion, Agency, to raise fuel economy standards. with sadness that today I note the loss in that these agencies have two different By taking this action, Congress is con- of a great American and a hero of the missions. The Department of Transportation tinuing DOT’s existing authority to set vehi- civil rights movement, Mrs. Johnnie has the responsibility for regulating fuel cle fuel economy standards. Importantly, the Carr. economy, and should enforce the Ten-in-Ten separate authority and responsibility of the Mrs. Carr passed away in Mont- Fuel Economy Act fully and vigorously to U.S. Environmental Protection Agency to gomery on February 22, 2008, at the age save oil in the automobile fleet. The Envi- regulate vehicle greenhouse gas emissions of 97, but her lifelong struggle for ronmental Protection Agency has the re- under the Clean Air Act is in no manner af- equality in America will be an inspira- sponsibility to protect public health. These fected by this legislation as plainly provided two missions can and should co-exist with- for in section 3 of the bill addressing the re- tion for many years to come. out one undermining the other. There are lationship of H.R. 6 to other laws. I had the great privilege to know numerous examples in the executive branch I fought for section 3. I have resisted all ef- Mrs. Carr personally. I was always where two or more agencies share responsi- forts to add legislative language requiring struck by her deep faith and commit- bility over a particular issue. The Federal ‘‘harmonization’’ of these EPA and NHTSA ment to improving our State. She was Trade Commission and the Federal Commu- standards. This language could have required an independent thinker, and her re- nications Commission both oversee tele- that EPA standards adopted under section markable strength served her well as a marketing practices and the Do-Not-Call 202 of the Clean Air Act reduce only the air leader. list. pollution emissions that would already re- The FTC also shares jurisdiction over anti- sult from NHTSA fuel economy standards, Mrs. Carr lived all her life in Mont- trust enforcement with the Department of effectively making the NHTSA fuel economy gomery, where she was a foot soldier in Justice. Under the current CAFE system, the standards a national ceiling for the reduc- the fight for equality. She was a found- Department of Transportation and the Envi- tion of pollution. Our legislation does not es- ing member of the Montgomery Im- ronmental Protection Agency work together. tablish a NHTSA ceiling. It does not mention provement Association, an organiza- DOT enforces the CAFE standards, and the the Clean Air Act, so we certainly do not in- tion that proved instrumental in the EPA tests vehicles for compliance and fuel tend to strip EPA of its wholly separate important civil rights events in Ala- economy labels on cars. The President him- mandate to protect the public health and bama during the 1950s and 1960s. self foresaw these agencies working together welfare from air pollution. and issued an Executive Order on May 14, To be clear, Federal standards can avoid Carr was the schoolmate, friend, and 2007, to coordinate the agencies on reducing inconsistency according to the Supreme partner of Rosa Parks, who was the re- automotive greenhouse gas emissions. The Court, while still fulfilling their separate cipient of the Congressional Gold DOT and the EPA have separate missions mandates. Medal and who was honored, 2 years that should be executed fully and respon- f ago, by having her body lie in honor in sibly. I believe it is important that we en- the Rotunda of the U.S. Capitol. sure that the agencies are properly managed NATIONAL SPORTSMANSHIP DAY Fred Gray, lawyer for Dr. Martin Lu- by the executive branch, as has been done Mr. REED. Mr. President, today ther King, Jr., and author of ‘‘Bus Ride with several agencies with shared jurisdic- tion for decades. I plan on holding hearings marks the 18th annual National to Justice,’’ a valuable history of the next session to examine this issue fully. Sportsmanship Day. This initiative, civil rights movement in Alabama, Mrs. FEINSTEIN. I would like to thank the largest of its kind in the world, is points out that Johnnie Carr was one the chairman of the Commerce Committee, a program of the Institute for Inter- of the organizers of the bus protest. and I would like to clarify what I believe to national Sport based at the University Gray eloquently notes that her boycott be the intent of the legislation I sponsored to of Rhode Island. Since 1991, the pro- ‘‘Set in motion the modern civil rights increase fuel economy standards in the gram has promoted the highest ideals movement and gave birth to a world United States. The legislation increasing the fuel econ- of sportsmanship and fair play among leader, Dr. Martin Luther King, Jr., a omy standards of vehicles by 10 miles per not only the young people of Rhode Is- future Nobel Peace Prize Laureate.’’ gallon over 10 years does not impact the au- land but also among youth in every That protest succeeded as a result of thority to regulate tailpipe emissions of the other State and, indeed, around the unified African-American community EPA, California, or other States, under the world. This year alone over 7 million leaders like Johnnie Carr. Clean Air Act. children in more than 14,000 schools Later, in 1964, Carr became the lead The intent was to give NHTSA the ability throughout the United States and plaintiff in the historic school desegre- to regulate fuel efficiency standards of vehi- cles, and increase the fleetwide average to at countries as diverse as Ghana, Nigeria, gation case, Carr v. the Montgomery least 35 miles per gallon by 2020. India, Australia, and Bermuda, will cel- Board of Education, a victory for color- There was no intent in any way, shape, or ebrate National Sportsmanship Day. blind public education and one of many form to negatively affect, or otherwise re- Our appreciation of sports is deep- important cases heard by U.S. District strain, California or any other State’s exist- rooted. The ancient Greeks, for exam- Judge Frank M. Johnson. Indeed, this ing or future tailpipe emissions laws, or any ple, recognized ‘‘a sound mind in a case was the first time that the U.S. future EPA authority on tailpipe emissions. sound body’’ as the foundation of a The two issues are separate and distinct. Supreme Court approved ‘‘quotas, As the Supreme Court correctly observed good education. But a complete indi- goals, and time-tables’’ as corrections in Massachusetts v. EPA, the fact ‘‘that DOT vidual not only develops the mind and for past discrimination, Gray writes. sets mileage standards in no way licenses body, he or she also develops and exhib- She committed her entire life to EPA to shirk its environmental responsibil- its fairness and honesty, key elements equality and her faith, which provided ities. EPA has been charged with protecting of sportsmanship. her the courage to make a difference. the public’s health and welfare, a statutory This year, Jackie Joyner-Kersee, the It is fitting that Mrs. Carr followed obligation wholly independent of DOT’s man- famed Olympic Gold medalist, serves Dr. King as president of the Mont- date to promote energy efficiency. The two obligations may overlap, but there is no rea- as chair of the National Sportsmanship gomery Improvement Association. For son to think the two agencies cannot both Day program. She and the program’s more than four decades she led cam- administer their obligations and yet avoid founder, Dan Doyle, remain committed paigns to promote voter registration inconsistency.’’ to the goal of making sports a more and integrate public facilities.

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.026 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1521 Always a strong leader, Mrs. Carr the Southpark Station in Alexandria, Lou- By Mr. DOMENICI (for himself and Mr. promoted cooperation and consensus isiana, as the John ‘‘Marty’’ Thiels BINGAMAN): during a difficult period in our Nation’s Southpark Station, in honor and memory of S. 2696. A bill to authorize to be appro- priated to the Department of the Air Force history. She reached across racial lines Thiels, a Louisiana postal worker who was killed in the line of duty on October 4, 2007. for fiscal year 2009 $14,500,000 for the alter- to promote positive change for Ala- S. 2478. A bill to designate the facility of ation of a hangar at Holloman Air Force bama, serving as both an active mem- the United States Postal Service located at Base, New Mexico, for the construction of a ber of Hall Street Baptist Church and 59 Colby Corner in East Hampstead, New Low Observable Composite Repair Facility; as a missionary for the Montgomery Hampshire, as the ‘‘Captain Jonathan D. to the Committee on Armed Services. Antioch District. Grassbaugh Post Office’’. By Mr. DOMENICI (for himself and Mr. Many individuals and organizations f BINGAMAN): have recognized Mrs. Carr’s long his- S. 2697. A bill to authorize to be appro- INTRODUCTION OF BILLS AND priated to the Special Operations Command tory of leadership and advocacy. It is a JOINT RESOLUTIONS for fiscal year 2009 $18,100,000 for the con- privilege to lend my voice to the choir The following bills and joint resolu- struction of a Special Operations Force of those who have honored the spirit Maintenance Hangar at Cannon Air Force and dedication of this American hero. tions were introduced, read the first Base, New Mexico; to the Committee on She left a lasting legacy in this coun- and second times by unanimous con- Armed Services. try that will not soon be forgotten. sent, and referred as indicated: By Mr. DOMENICI (for himself and Mr. BINGAMAN): f By Mr. INOUYE (for himself and Mr. STEVENS): S. 2698. A bill to authorize to be appro- REPORT ON THE CONTINUATION S. 2688. A bill to improve the protections priated to the Department of the Air Force OF THE NATIONAL EMERGENCY afforded under Federal law to consumers for fiscal year 2009 $2,150,000 for additions AND SANCTIONS WITH RESPECT from contaminated seafood by directing the and alterations to a Jet Engine Maintenance TO THOSE PERSONS WHOSE AC- Secretary of Commerce to establish a pro- Shop at Holloman Air Force Base, New Mex- ico; to the Committee on Armed Services. TIONS UNDERMINE THE DEMO- gram, in coordination with other appropriate Federal agencies, to strengthen activities for By Mr. LAUTENBERG (for himself and CRATIC PROCESSES OR INSTITU- ensuring that seafood sold or offered for sale Mrs. BOXER): TIONS OF ZIMBABWE—PM 40 to the public in or affecting interstate com- S. 2699. A bill to require new vessels for The PRESIDING OFFICER laid be- merce is fit for human consumption; to the carrying oil fuel to have double hulls, and for fore the Senate the following message Committee on Commerce, Science, and other purposes; to the Committee on Com- merce, Science, and Transportation. from the President of the United Transportation. By Mr. SMITH (for himself, Mr. BAYH, By Mr. LAUTENBERG: States, together with an accompanying and Mr. NELSON of Florida): S. 2700. A bill to amend the Oil Pollution report; which was referred to the Com- S. 2689. A bill to amend section 411h of title Act of 1990 to double liability limits for sin- mittee on Banking, Housing, and 37, United States Code, to provide travel and gle-hull tankers and tank barges for 2009, Urban Affairs: transportation allowances for family mem- and for other purposes; to the Committee on bers of members of the uniformed services Environment and Public Works. To the Congress of the United States: with serious inpatient psychiatric condi- By Mr. NELSON of Nebraska: The crisis constituted by the actions tions; to the Committee on Armed Services. S. 2701. A bill to direct the Secretary of and policies of certain members of the By Mr. BROWNBACK: Veterans Affairs to establish a national cem- Government of Zimbabwe and other S. 2690. A bill to authorize the placement etery in the eastern Nebraska region to serve persons to undermine Zimbabwe’s in Arlington National Cemetery of an Amer- veterans in the eastern Nebraska and west- democratic processes or institutions ican Braille tactile flag in Arlington Na- ern Iowa regions; to the Committee on Vet- has not been resolved. These actions tional Cemetery honoring blind members of erans’ Affairs. By Mr. SALAZAR (for himself and Ms. and policies pose a continuing unusual the Armed Forces, veterans, and other Amer- icans; to the Committee on Veterans’ Af- SNOWE): and extraordinary threat to the foreign fairs. S. 2702. A bill to amend title XVIII of the policy of the United States. For these By Mr. BOND: Social Security Act to improve access to, reasons, I have determined that it is S. 2691. A bill to amend the Federal Crop and increase utilization of, bone mass meas- necessary to continue this national Insurance Reform and Department of Agri- urement benefits under the Medicare part B emergency and to maintain in force the culture Reorganization Act of 1994 to provide Program; to the Committee on Finance. sanctions to respond to this threat. enhanced agricultural input into Federal f rulemakings, and for other purposes; to the Section 202(d) of the National Emer- SUBMISSION OF CONCURRENT AND gencies Act (50 U.S.C. 1622(d)) provides Committee on Agriculture, Nutrition, and Forestry. SENATE RESOLUTIONS for the automatic termination of a na- By Mr. DOMENICI (for himself and Mr. The following concurrent resolutions tional emergency unless, prior to the BINGAMAN): anniversary date of its declaration, the S. 2692. A bill to authorize to be appro- and Senate resolutions were read, and President publishes in the Federal Reg- priated to the Department of the Air Force referred (or acted upon), as indicated: ister and transmits to the Congress a for fiscal year 2009 $4,600,000 for the construc- By Mr. SPECTER: notice stating that the emergency is to tion of an Aerospace Ground Equipment Fa- S. Res. 469. A resolution providing for a protocol for nonpartisan confirmation of ju- continue in effect beyond the anniver- cility at Holloman Air Force Base, New Mex- ico; to the Committee on Armed Services. dicial nominees; to the Committee on Rules sary date. In accordance with this pro- By Mr. DOMENICI (for himself and Mr. and Administration. vision, I have sent the enclosed notice BINGAMAN): By Mr. FEINGOLD (for himself, Mr. to the Federal Register for publication, S. 2693. A bill to authorize to be appro- LUGAR, Mr. LEVIN, and Mr. HAGEL): stating that the national emergency priated to the Department of the Air Force S. Res. 470. A resolution calling on the rel- with respect to the actions and policies for fiscal year 2009 $3,150,000 for additions evant governments, multilateral bodies, and of certain members of the Government and alterations to a Flight Simulator Facil- non-state actors in Chad, the Central African of Zimbabwe and other persons to un- ity at Holloman Air Force Base, New Mexico; Republic, and Sudan to devote ample polit- to the Committee on Armed Services. ical commitment and material resources to- dermine Zimbabwe’s democratic proc- By Mr. DOMENICI (for himself and Mr. wards the achievement and implementation esses or institutions is to continue in BINGAMAN): of a negotiated resolution to the national effect beyond March 6, 2008. S. 2694. A bill to authorize to be appro- and regional conflicts in Chad, the Central GEORGE W. BUSH. priated to the Defense Logistics Agency for African Republic, and Darfur, Sudan; to the THE WHITE HOUSE, March 4, 2008. fiscal year 2009 $14,400,000 to replace fuel Committee on Foreign Relations. f storage tanks at Kirtland Air Force Base, By Mr. ISAKSON (for himself, Mrs. New Mexico; to the Committee on Armed MURRAY, and Ms. KLOBUCHAR): ENROLLED BILLS PRESENTED Services. S. Res. 471. A resolution designating March The Secretary of the Senate reported By Mr. DOMENICI (for himself and Mr. 1, 2008, as ‘‘National Glanzmann’s that on today, March 4, 2008, she had BINGAMAN): Thrombasthenia Awareness Day’’; considered S. 2695. A bill to authorize to be appro- and agreed to. presented to the President of the priated to the Department of the Air Force By Mr. LIEBERMAN (for himself, Ms. United States the following enrolled for fiscal year 2009 $1,050,000 for additions COLLINS, Mr. STEVENS, Mr. bills: and alterations to Aircraft Maintenance VOINOVICH, Mr. CARPER, Mr. COLE- S. 2272. A bill to designate the facility of Units at Holloman Air Force Base, New Mex- MAN, Mr. DOMENICI, Mr. WARNER, and the United States Postal Service known as ico; to the Committee on Armed Services. Mr. SUNUNU):

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.027 S04MRPT1 smartinez on PRODPC61 with SENATE S1522 CONGRESSIONAL RECORD — SENATE March 4, 2008 S. Res. 472. A resolution commending the kota (Mr. JOHNSON) was added as a co- Environmental Protection Agency to employees of the Department of Homeland sponsor of S. 2099, a bill to amend title promulgate regulations to control haz- Security, their partners at all levels of gov- XVIII of the Social Security Act to re- ardous air pollutant emissions from ernment, and the millions of law enforce- ment, fire service, and emergency medical peal the Medicare competitive bidding electric utility steam generating units. services personnel, emergency managers, and project for clinical laboratory services. S. 2663 other emergency response providers nation- S. 2119 At the request of Mr. SALAZAR, his wide for their dedicated service in protecting At the request of Mr. JOHNSON, the name was added as a cosponsor of S. the people of the United States and the Na- names of the Senator from Montana 2663, a bill to reform the Consumer tion from acts of terrorism, natural disas- (Mr. TESTER) and the Senator from Product Safety Commission to provide ters, and other large-scale emergencies; con- greater protection for children’s prod- sidered and agreed to. Vermont (Mr. SANDERS) were added as cosponsors of S. 2119, a bill to require ucts, to improve the screening of non- f the Secretary of the Treasury to mint compliant consumer products, to im- ADDITIONAL COSPONSORS coins in commemoration of veterans prove the effectiveness of consumer S. 329 who became disabled for life while product recall programs, and for other At the request of Mr. CRAPO, the serving in the Armed Forces of the purposes. name of the Senator from Virginia (Mr. United States. S. 2668 WARNER) was added as a cosponsor of S. S. 2161 At the request of Mr. KERRY, the 329, a bill to amend title XVIII of the At the request of Mr. JOHNSON, the name of the Senator from Washington Social Security Act to provide cov- name of the Senator from Montana (Ms. CANTWELL) was added as a cospon- erage for cardiac rehabilitation and (Mr. TESTER) was added as a cosponsor sor of S. 2668, a bill to amend the Inter- pulmonary rehabilitation services. of S. 2161, a bill to ensure and foster nal Revenue Code of 1986 to remove cell S. 335 continued patient safety and quality of phones from listed property under sec- At the request of Mr. DORGAN, the care by making the antitrust laws tion 280F. name of the Senator from Virginia (Mr. apply to negotiations between groups S. 2678 WEBB) was added as a cosponsor of S. of independent pharmacies and health At the request of Mrs. MCCASKILL, 335, a bill to prohibit the Internal Rev- plans and health insurance issuers (in- the name of the Senator from Okla- enue Service from using private debt cluding health plans under parts C and homa (Mr. COBURN) was added as a co- collection companies, and for other D of the Medicare Program) in the sponsor of S. 2678, a bill to clarify the purposes. same manner as such laws apply to law and ensure that children born to S. 772 protected activities under the National United States citizens while serving At the request of Mr. KOHL, the name Labor Relations Act. overseas in the military are eligible to of the Senator from Minnesota (Ms. S. 2419 become President. KLOBUCHAR) was added as a cosponsor At the request of Mr. KENNEDY, the S. RES. 390 of S. 772, a bill to amend the Federal name of the Senator from Illinois (Mr. At the request of Mr. KOHL, the antitrust laws to provide expanded cov- DURBIN) was added as a cosponsor of S. names of the Senator from New York erage and to eliminate exemptions 2419, a bill to permit employees to re- (Mr. SCHUMER) and the Senator from from such laws that are contrary to the quest, and to ensure employers con- South Dakota (Mr. JOHNSON) were public interest with respect to rail- sider requests for, flexible work terms added as cosponsors of S. Res. 390, a roads. and conditions, and for other purposes. resolution designating March 11, 2008, as National Funeral Director and Mor- S. 988 S. 2544 At the request of Ms. MIKULSKI, the tician Recognition Day. At the request of Mr. KENNEDY, the name of the Senator from Idaho (Mr. name of the Senator from Illinois (Mr. S. RES. 445 CRAIG) was added as a cosponsor of S. At the request of Ms. COLLINS, her DURBIN) was added as a cosponsor of S. 988, a bill to extend the termination 2544, a bill to provide for a program of name was added as a cosponsor of S. date for the exemption of returning temporary extended unemployment Res. 445, a resolution expressing the workers from the numerical limita- compensation. sense of the Senate on the assassina- tions for temporary workers. tion of former Prime Minister of Paki- S. 2580 S. 2002 stan Benazir Bhutto, and the political At the request of Mr. BROWN, the At the request of Mr. HATCH, the crisis in Pakistan. name of the Senator from Montana name of the Senator from North Da- S. RES. 455 (Mr. TESTER) was added as a cosponsor kota (Mr. CONRAD) was added as a co- At the request of Mr. GRASSLEY, his of S. 2580, a bill to amend the Higher sponsor of S. 2002, a bill to amend the name was added as a cosponsor of S. Education Act of 1965 to improve the Internal Revenue Code of 1986 to sim- Res. 455, a resolution calling for peace participation in higher education of, plify certain provisions applicable to in Darfur. and to increase opportunities in em- real estate investment trusts, and for At the request of Mr. DURBIN, the ployment for, residents of rural areas. other purposes. names of the Senator from South Da- S. 2606 S. 2004 kota (Mr. JOHNSON) and the Senator At the request of Mrs. MURRAY, the At the request of Mr. DODD, the name from West Virginia (Mr. ROCKEFELLER) name of the Senator from Maine (Ms. of the Senator from New York (Mrs. were added as cosponsors of S. Res. 455, COLLINS) was added as a cosponsor of S. CLINTON) was added as a cosponsor of S. supra. 2004, a bill to amend title 38, United 2606, a bill to reauthorize the United S. RES. 459 States Code, to establish epilepsy cen- States Fire Administration, and for At the request of Mr. LUGAR, the ters of excellence in the Veterans other purposes. names of the Senator from Nebraska Health Administration of the Depart- S. 2639 (Mr. HAGEL) and the Senator from ment of Veterans Affairs, and for other At the request of Mr. JOHNSON, the Georgia (Mr. ISAKSON) were added as purposes. name of the Senator from North Da- cosponsors of S. Res. 459, a resolution S. 2060 kota (Mr. DORGAN) was added as a co- expressing the strong support of the At the request of Mr. FEINGOLD, the sponsor of S. 2639, a bill to amend title Senate for the North Atlantic Treaty name of the Senator from Vermont 38, United States Code, to provide for Organization to extend invitations for (Mr. SANDERS) was added as a cospon- an assured adequate level of funding membership to Albania, Croatia, and sor of S. 2060, a bill to amend the Ele- for veterans health care. Macedonia at the April 2008 Bucharest mentary and Secondary Education Act S. 2643 Summit, and for other purposes. of 1965 to establish a Volunteer Teach- At the request of Mr. CARPER, the AMENDMENT NO. 4085 er Advisory Committee. name of the Senator from Connecticut At the request of Ms. KLOBUCHAR, the S. 2099 (Mr. DODD) was added as a cosponsor of name of the Senator from New Jersey At the request of Mr. SALAZAR, the S. 2643, a bill to amend the Clean Air (Mr. MENENDEZ) was added as a cospon- name of the Senator from South Da- Act to require the Administrator of the sor of amendment No. 4085 intended to

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.012 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1523 be proposed to S. 2663, a bill to reform Mr. President, I ask unanimous con- SEC. 4. NOAA LABORATORIES. the Consumer Product Safety Commis- sent that the text of the bill be printed In any fiscal year beginning after the date of enactment of this Act, the Secretary of sion to provide greater protection for in the RECORD. Commerce may increase the number and ca- children’s products, to improve the There being no objection, the text of pacity of laboratories operated by the Na- screening of noncompliant consumer the bill was ordered to be printed in tional Oceanic and Atmospheric Administra- products, to improve the effectiveness the RECORD, as follows: tion involved in carrying out testing and of consumer product recall programs, S. 2688 other activities under this Act to the extent and for other purposes. the Secretary determines that increased lab- Be it enacted by the Senate and House of Rep- oratory capacity is necessary to carry out f resentatives of the United States of America in the provisions of this Act and as provided for STATEMENTS ON INTRODUCED Congress assembled, in appropriations Acts. BILLS AND JOINT RESOLUTIONS SECTION 1. SHORT TITLE. SEC. 5. CONTAMINATED SEAFOOD. This Act may be cited as the ‘‘Commercial (a) REFUSAL OF ENTRY.—The Secretary of By Mr. INOUYE (for himself and Seafood Consumer Protection Act’’. Health and Human Services shall issue an Mr. STEVENS): SEC. 2. SEAFOOD SAFETY. order refusing admission into the United S. 2688. A bill to improve the protec- (a) IN GENERAL.—The Secretary of Com- States of all imports of seafood or seafood tions afforded under Federal law to merce shall, in coordination with the Sec- products originating from a country or ex- consumers from contaminated seafood retary of Health and Human Services and porter if the Secretary determines, on the by directing the Secretary of Com- other appropriate Federal agencies, establish basis of reliable evidence, that shipments of merce to establish a program, in co- a program to strengthen Federal activities such seafood or seafood products is not like- for ensuring that commercially distributed ly to meet the requirements of Federal law. ordination with other appropriate Fed- (b) INCREASED TESTING.—If the Secretary seafood in the United States meets the food eral agencies, to strengthen activities determines, on the basis of reliable evidence for ensuring that seafood sold or of- quality and safety requirements of Federal that seafood imports originating from a fered for sale to the public in or affect- law. country may not meet the requirements of (b) MEMORANDUM OF UNDERSTANDING.—The ing interstate commerce is fit for Federal law, and determines that there is a Secretary of Commerce and the Secretary of lack of adequate certified laboratories to human consumption; to the Committee Health and Human Services shall enter into on Commerce, Science, and Transpor- provide for the entry of shipments pursuant an agreement within 180 days after enact- to section 3, then the Secretary shall order tation. ment of this Act to strengthen cooperation an increase in the percentage of shipments Mr. INOUYE. Mr. President, I rise on seafood safety. The agreement shall in- tested of seafood originating from such coun- today to introduce the Commercial clude provisions for— try to improve detection of potential viola- Seafood Consumer Protection Act. I (1) cooperative arrangements for exam- tions of such requirements. am joined by Senator STEVENS, the ining and testing seafood imports; (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS Vice Chairman of the Senate Com- (2) coordination of inspections of foreign FROM EXPORTING COUNTRY OR EXPORTER.— merce, Science, and Transportation facilities; Notwithstanding an order under subsection (3) technical assistance and training of for- (a) with respect to seafood originating from Committee. I thank him for his work eign facilities for marine aquaculture, tech- a country or exporter, the Secretary may on this important issue. nical assistance for foreign governments permit individual shipments of seafood origi- The average American eats approxi- concerning United States regulatory require- nating in that country or from that exporter mately 16 pounds of fish and shellfish ments, and appropriate information transfer to be admitted into the United States if— each year. Given this fact, it is essen- arrangements between the United States and (1) the exporter presents evidence from a tial that Americans have confidence in foreign governments; laboratory certified by the Secretary that a the safety and quality of the seafood (4) developing a process for expediting im- shipment of seafood meets the requirements they consume. Yet just last year, ports of seafood into the United States from of Federal law; Americans faced news reports of taint- foreign countries and exporters that consist- (2) the Secretary, or an entity commis- sioned to carry out examinations and inves- ed seafood imports reaching their ently adhere to the highest standards for en- suring seafood safety; tigations under section 702(a) of the Federal kitchen tables. The Commercial Sea- (5) establishing a system to track ship- Food, Cosmetic, and Drug Act (21 U.S.C. food Consumer Protection Act will help ments of seafood in the distribution chain 372(a)), has inspected the shipment and has prevent such contaminated seafood within the United States; found that the shipment meets the require- from ever reaching the mouths of con- (6) labeling requirements to assure species ments of Federal law. sumers. identity and prevent fraudulent practices; (d) CANCELLATION OF ORDER.—The Sec- The Commercial Seafood Consumer (7) a process by which officers and employ- retary may cancel an order under subsection Protection Act would work to ensure ees of the National Oceanic and Atmospheric (a) with respect to seafood exported from a Administration and National Marine Fish- country or exporter if all shipments into the that commercially distributed seafood United States under subsection (c) of seafood in the United States is fit for human eries Service may be commissioned by the Secretary of Health and Human Services for originating in that country or from that ex- consumption by strengthening the Na- seafood examinations and investigations porter more than 1 year after the date on tional Oceanic and Atmospheric Ad- conducted under section 801 of the Federal which the Secretary issued the order have ministration’s, NOAA, fee-for-service Food, Drug, and Cosmetic Act (21 U.S.C. 381); been found, under the procedures described seafood inspection program, SIP. Spe- (8) the sharing of information concerning in subsection (c), to meet the requirements of Federal law. If the Secretary determines cifically, the bill would increase the observed non-compliance with United States that an exporter has failed to comply with food requirements domestically and in for- number and capacity of NOAA labora- the requirements of an order under sub- eign countries and new regulatory decisions tories that are involved with the SIP section (a), the 1-year period in the preceding and policies that may affect regulatory out- under the National Marine Fisheries sentence shall run from the date of that de- Service. comes; and termination rather than the date on which The bill would further direct the Sec- (9) conducting joint training on subjects the order was issued. that affect and strengthen seafood inspection (e) RELIABLE EVIDENCE DEFINED.—In this retary of Commerce and the Secretary effectiveness by Federal authorities. of Health and Human Services to work section, the term ‘‘reliable evidence’’ in- SEC. 3. CERTIFIED LABORATORIES. together to create an infrastructure cludes— Within 180 days after the date of enact- (1) the detection of failure to meet Federal that provides a better system for im- ment of this Act, the Secretary of Com- law requirements under subsection (a) by the porting safe seafood. This new system merce, in consultation with the Secretary of Secretary; would provide a means to inspect for- Health and Human Services, shall increase (2) the detection of all seafood products eign facilities, and examine and test the number of laboratories certified to the that fail to meet Federal law requirements imported seafood. It would also provide standards of the Food and Drug Administra- by an entity commissioned to carry out ex- technical assistance and training to tion in the United States and in countries aminations and investigations under section foreign facilities and governments. Ad- that export seafood to the United States for 702(a) of the Federal Food, Cosmetic, and ditionally, it would also expedite sea- the purpose of analyzing seafood and ensur- Drug Act (21 U.S.C. 372(a)) or a laboratory food imports from countries that con- ing that it complies with Federal law. Such certified under subsection (c); laboratories may include Federal, State, and (3) findings from an inspection team sistently maintain high standards. private facilities. The Secretary of com- formed under section 6; or The Commercial Seafood Consumer merce shall publish in the Federal Register a (4) the detection by other importing coun- Protection Act is a strong step in pro- list of certified laboratories, and shall up- tries of non-compliance of shipments of sea- tecting the safety and quality of the date the list, and publish the updated list, no food or seafood products that originate from seafood products Americans consume. less frequently than annually. the exporting country or exporter.

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.015 S04MRPT1 smartinez on PRODPC61 with SENATE S1524 CONGRESSIONAL RECORD — SENATE March 4, 2008 (f) EFFECT.—This section shall be in addi- culture businesses by removing bar- farmers. If there was ever a time farm- tion to, and shall have no effect on, the au- riers to enterprise. Encouraging enter- ers needed a voice at the table when thority of the Secretary of Health and prise is essential if the United States is new regulations are made—it is now. Human Services under the Federal Food, to compete in a global environment. It is not my intention to throw out Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) regulations simply as a matter of prin- with respect to seafood, seafood products, or Farms and other agricultural busi- any other product. nesses will benefit from simplified ciple if, for example, they involve costs for businesses. I am more concerned SEC. 6. INSPECTION TEAMS. rules. The Secretary of Commerce, in coopera- This measure will help in cutting red with obtaining solid impact analyses tion with the Secretary of Health and tape with a view to improving the envi- that can serve as a basis for informed Human Services, may send 1 or more inspec- ronment for agricultural business. My decision-making. tors to a country or exporter from which sea- experience on the Small Business Com- It is also quite clear that better regu- food exported to the United States origi- mittee tells me that there are cur- lations will be possible only if those af- nates. The inspection team will assess rently dozens of regulatory proposals fected also play their part, since it is whether any prohibited drug, practice, or before Federal agencies—but most they who will be responsible for imple- process is being used in connection with the mentation. farming, cultivation, harvesting, preparation without a true assessment of impact on the very people they will most affect. What I have heard from some who op- for market, or transportation of such sea- pose this, is that they are concerned food. The inspection team shall prepare a re- The question we must ask ourselves is this: Are all these initiatives nec- about the burden of red tape. However, port for the Secretary with its findings. The they are not concerned about the bur- Secretary of Commerce shall cause the re- essary and what are the consequences? den of red tape on farmers. They are port to be published in the Federal Register I want agencies to look into this ques- concerned about the burden of red tape no later than 90 days after the inspection tion. The best way to do that is to hear on Washington regulators working to team makes its final report. The Secretary from the folks most affected. impose red tape on farmers. of Commerce shall notify the country or ex- The Office of Advocacy celebrated its porter through appropriate means as to the Surely the Senate should be more findings of the report no later than the date 30th anniversary this year. The Regu- concerned with red tape on our farmers on which the report is published in the Fed- latory Flexibility Act, RFA, is 27 years than red tape on our Washington regu- eral Register. A country may offer a rebuttal old and the Small Business Regulatory lators. We should have a rulemaking to the assessment within 90 days after publi- Enforcement Fairness Act, SBREFA, is advocate for farmers just as we have cation of the report. 11 years old. one at Small Business Administration SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The common theme: They have all for small businesses. Advocates do not There are authorized to be appropriated for gone a long way in making agencies each of fiscal years 2009 through 2013, for pur- have the power to change standards or aware of the unique concerns of small stop regulations, only inform them. We poses of carrying out the provisions of this business. With the passage of these Act, $15,000,000. should all support a more informed laws small business concerns were process so burdens are reduced and reg- By Mr. BOND: given a voice at the table, they have ulations are more effective and widely S. 2691. A bill to amend the Federal been putting that voice to use ever supported. We all know what having a Crop Insurance Reform and Depart- since—with great success. USDA rulemaking advocate means in ment of Agriculture Reorganization These laws have been successful. Washington; there will still be 20 offi- Act of 1994 to provide enhanced agricul- Early intervention and improved com- cials from other agencies in the room tural input into Federal rulemakings, pliance have led to less burdensome working to regulate farmers. But now, and for other purposes; to the Com- regulations. For example, in fiscal year there may be one from USDA also in mittee on Agriculture, Nutrition, and 2001, involvement in agency the room. Forestry. rulemakings helped save small busi- This bill has received support from Mr. BOND. Mr. President, I rise nesses an estimated $4.4 billion in new the American Farm Bureau Federa- today to introduce a bill that I call the regulatory compliance costs. tion, the National Council of Farmer Farm Red Tape Reduction Act. Similarly, in fiscal year 2002, efforts Cooperatives, the National Cotton This act will give farmers a voice in to improve agency compliance with the Council, the American Soybean Asso- Federal rulemakings whenever a new RFA on behalf of small entities secured ciation, National Milk Producers Fed- Federal regulation threatens to impose more than $21 billion in first-year cost eration, South East Dairy Farmers As- severe economic pain on farmers. savings, with an additional $10 billion sociation, National Association of As we saw with small businesses, in annually recurring cost savings. Wheat Growers, USA Rice Federation, many times the Government overlooks Most recently, in fiscal year 2003, they Western United Dairymen, and the Na- the plight of the little guy, who does achieved more than $6.3 billion in regu- tional Pork Producers Council. not have the resources or know-how to latory cost savings and more than $5.7 I ask my colleagues to support this weigh-in with big Government agencies billion in recurring annual savings on bill and join me in helping farmers and in Washington. In 1976, Congress cre- behalf of small entities. agricultural business reduce unneces- ated the Office of Advocacy to ensure If we can add farmers to the table sary bureaucratic red tape by including that small businesses have an advocate and save them any portion of that kind them at the table. in Government and a seat at the table of money—just that fact will make this Mr. President, I ask unanimous con- sent that the text of the bill be printed when new regulations affecting them bill a success. Just as important is that these laws in the RECORD. are drafted. I want to share that same There being no objection, the text of have not hindered the development of success now with farmers. the bill was ordered to be printed in The idea is simple. This act would regulations. In fact, these laws are the RECORD, as follows: help provide a more transparent Gov- credited with helping regulators come S. 2691 ernment that listens to the people up with better plans. Plans that work— Be it enacted by the Senate and House of Rep- most affected by the regulations. It because the people who will be regu- resentatives of the United States of America in will hold the Government more ac- lated are involved in the development Congress assembled, countable for its actions. It is a mes- of the rules. This gives them some own- SECTION 1. SHORT TITLE. sage that the Federal Government is ership and that makes successful com- This Act may be cited as the ‘‘Farmer Red meant to serve to its citizens, not bully pliance and implementation. Tape Reduction Act of 2008’’. them. We want to make this an easy Our economy and the lives of farmers SEC. 2. AGRICULTURAL REGULATORY FLEXI- process. Citizens should be heard while is constantly changing—this is due in BILITY. no small part to what we are doing The Federal Crop Insurance Reform and the Government is deciding on a regu- Department of Agriculture Reorganization lation that affects them—not after the today—making changes to farm legis- Act of 1994 (7 U.S.C. 6901 et seq.) is amended decision is made. The difference is sub- lation, new technologies, new trade by adding at the end the following: tle, but important. Listen to farmers deals, new regulations of every kind ‘‘TITLE IV—AGRICULTURAL REGULATORY and agriculture first—be inclusive. being implemented year round. This FLEXIBILITY Cutting unnecessary red tape will creates new and constant challenges ‘‘SEC. 401. DEFINITIONS. provide greater flexibility for agri- for analyzing regulatory impacts on ‘‘In this title:

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‘‘(1) AGENCY.—The term ‘agency’ has the ‘‘(2) a summary of— ‘‘(5) an identification, to the maximum ex- meaning given the term in section 551 of ‘‘(A) the nature of the rule under consider- tent practicable, of all relevant Federal rules title 5, United States Code. ation for each subject area listed in the that may duplicate, overlap, or conflict with ‘‘(2) AGRICULTURAL ENTITY.—The term ‘ag- agenda under paragraph (1); the proposed rule. ricultural entity’ means any person or entity ‘‘(B) the objectives and legal basis for the ‘‘(f) ALTERNATIVES.— that has income derived from— issuance of the rule; and ‘‘(1) IN GENERAL.—Each initial agricultural ‘‘(A) farming, ranching, or forestry oper- ‘‘(C) an approximate schedule for com- regulatory flexibility analysis of an agency ations; pleting action on any rule for which the for a proposed rule shall contain a descrip- ‘‘(B) the production of crops, livestock, or agency has issued a general notice of pro- tion of any significant alternatives to the unfinished raw forestry products; posed rulemaking; and proposed rule that— ‘‘(C) the sale (including the sale of ease- ‘‘(3) the name and telephone number of an ‘‘(A) accomplish the purposes of the appli- ments and development rights) of farm, agency official who is knowledgeable con- cable law; and ranch, or forest products, including water or cerning the rule described in paragraph (1). ‘‘(B) minimize any significant economic hunting rights; ‘‘(b) NOTICE AND COMMENT BY CHIEF COUN- impact of the proposed rule on agricultural ‘‘(D) the sale of equipment to conduct SEL FOR ADVOCACY.—Each agency shall entities. farming, ranching, or forestry operations; transmit the agricultural regulatory flexi- ‘‘(2) TYPES OF ALTERNATIVES.—Consistent ‘‘(E) the rental or lease of land used for bility agenda of the agency to the Chief with the purposes of the applicable law, the Counsel for Advocacy for any comment. farming, ranching, or forestry operations, in- analysis shall discuss significant alter- cluding water or hunting rights; ‘‘(c) NOTICE AND COMMENT BY AGRICUL- natives such as— ‘‘(F) the provision of production inputs or TURAL ENTITIES.—Each agency shall, to the ‘‘(A) the establishment of differing compli- services to farmers, ranchers, or foresters; maximum extent practicable— ance or reporting requirements or timetables ‘‘(G) the processing (including packing), ‘‘(1) provide notice of each agricultural that take into account the resources avail- storing (including shedding), or transporting regulatory flexibility agenda to agricultural able to agricultural entities; of farm, ranch, or forestry products; or entities or the representatives of agricul- ‘‘(B) the clarification, consolidation, or ‘‘(H) the sale of land used for agriculture. tural entities through direct notification or simplification of compliance and reporting ‘‘(3) CHIEF COUNSEL FOR ADVOCACY.—The publication of the agenda in publications requirements under the rule for agricultural term ‘Chief Counsel for Advocacy’ means the likely to be obtained by the agricultural en- Chief Counsel for Advocacy of the Office of tities; and entities; Advocacy of the Department of Agriculture ‘‘(2) invite comments on each subject area ‘‘(C) the use of performance rather than de- appointed under section 413(b). on the agenda. sign standards; and ‘‘(D) an exemption from coverage of the ‘‘(4) COLLECTION OF INFORMATION.— ‘‘(d) ADMINISTRATION.—Nothing in this sec- rule, or any part of the rule, for agricultural ‘‘(A) IN GENERAL.—The term ‘collection of tion— information’ means obtaining, causing to be ‘‘(1) precludes an agency from considering entities. obtained, soliciting, or requiring the disclo- or acting on any matter not included in an ‘‘SEC. 404. FINAL AGRICULTURAL REGULATORY sure to third parties or the public, of facts or agricultural regulatory flexibility agenda; or FLEXIBILITY ANALYSIS. opinions by or for an agency, regardless of ‘‘(2) requires an agency to consider or act ‘‘(a) IN GENERAL.—If an agency promul- form or format, calling for— on any matter listed in the agenda. gates a final rule under section 553 of title 5, ‘‘(i) answers to identical questions posed ‘‘SEC. 403. INITIAL AGRICULTURAL REGULATORY United States Code, after being required by to, or identical reporting or recordkeeping FLEXIBILITY ANALYSIS. that section or any other law to publish a requirements imposed on, 10 or more per- ‘‘(a) IN GENERAL.—If an agency is required general notice of proposed rulemaking, or sons, other than agencies, instrumentalities, by section 553 of title 5, United States Code, promulgates a final interpretative rule in- or employees of the United States; or or any other law, to publish general notice of volving the internal revenue laws of the proposed rulemaking for any proposed rule, ‘‘(ii) answers to questions posed to agen- United States as described in section 403(a), or publishes a notice of proposed rulemaking cies, instrumentalities, or employees of the the agency shall prepare a final agricultural for an interpretative rule involving the in- United States that are to be used for general regulatory flexibility analysis of the final ternal revenue laws of the United States, the statistical purposes. rule that describes the impact of the final agency shall prepare and make available for ‘‘(B) EXCLUSION.—The term ‘collection of rule on agricultural entities. information’ does not include collection of public comment an initial agricultural regu- information described in section 3518(c)(1) of latory flexibility analysis of the proposed ‘‘(b) CONTENTS.—Each final agricultural title 44, United States Code. rule that describes the impact of the pro- regulatory flexibility analysis of an agency for a final rule required under this section ‘‘(5) RECORDKEEPING REQUIREMENT.—The posed rule on agricultural entities. term ‘recordkeeping requirement’ means a ‘‘(b) PUBLICATION.—The agency shall pub- shall contain— requirement imposed by an agency on per- lish the initial agricultural regulatory flexi- ‘‘(1) a succinct statement of the need for, sons to maintain specified records. bility analysis or a summary of the analysis and objectives of, the rule; in the Federal Register at the time of the ‘‘(2)(A) a summary of the significant issues ‘‘(6) RULE.— publication of general notice of proposed raised by the public comments in response to ‘‘(A) IN GENERAL.—The term ‘rule’ means rulemaking for the rule. any rule for which an agency publishes a the initial agricultural regulatory flexibility ‘‘(c) NOTICE AND COMMENT BY CHIEF COUN- general notice of proposed rulemaking pur- analysis; SEL FOR ADVOCACY.—The agency shall trans- ‘‘(B) a summary of the assessment of the suant to section 553(b) of title 5, United mit a copy of the initial agricultural regu- States Code, or any other law. agency of the issues; and latory flexibility analysis to the Chief Coun- ‘‘(C) a statement of any changes made in ‘‘(B) INCLUSION.—The term ‘rule’ includes sel for Advocacy for any comment. the proposed rule as a result of the com- any rule of general applicability governing ‘‘(d) INTERPRETATIVE RULES.—In the case of Federal grants to State and local govern- ments; an interpretative rule that involves the in- ‘‘(3) a description of and an estimate of the ments for which an agency provides an op- ternal revenue laws of the United States, number of agricultural entities to which the portunity for notice and public comment. this title applies to interpretative rules pub- rule will apply or an explanation of why no ‘‘(C) EXCLUSIONS.—The term ‘rule’ does not lished in the Federal Register for codifica- such estimate is available; include a rule of particular applicability re- tion in the Code of Federal Regulations only ‘‘(4) a description of the projected report- lating to— to the extent that the interpretative rule im- ‘‘(i) rates, wages, corporate or financial pose on agricultural entities a collection of ing, recordkeeping, and other compliance re- structures or reorganizations of the struc- information requirement. quirements of the rule, including an esti- tures, prices, facilities, appliances, services, ‘‘(e) CONTENTS.—Each initial agricultural mate of the classes of agricultural entities or allowances; or regulatory flexibility analysis of an agency that will be subject to the requirements and ‘‘(ii) valuations, costs, accounting, or prac- for a proposed rule required under this sec- the type of professional skills necessary for tices relating to those rates, wages, struc- tion shall contain— preparation of the report or record; and tures, prices, facilities, appliances, services, ‘‘(1) a description of the reasons why ac- ‘‘(5) a description of the steps the agency or allowances. tion by the agency is being considered; has taken to minimize the significant eco- nomic impact on agricultural entities con- ‘‘SEC. 402. AGRICULTURAL REGULATORY FLEXI- ‘‘(2) a succinct statement of the objectives BILITY AGENDA. of, and legal basis for, the proposed rule; sistent with the purposes of applicable law, ‘‘(a) IN GENERAL.—During the months of ‘‘(3) a description of and, if feasible, an es- including a statement of— October and April of each year, each agency timate of the number of agricultural entities ‘‘(A) the factual, policy, and legal reasons shall publish in the Federal Register an agri- to which the proposed rule will apply; for selecting the alternative adopted in the cultural regulatory flexibility agenda that ‘‘(4) a description of the projected report- final rule; and shall contain— ing, recordkeeping, and other compliance re- ‘‘(B) why each 1 of the other significant al- ‘‘(1) a brief description of the subject area quirements of the proposed rule, including ternatives to the rule considered by the of any rule that the agency expects to pro- an estimate of the classes of agricultural en- agency that affect the impact on agricul- pose or promulgate that is likely to have a tities that will be subject to the requirement tural entities was rejected. significant economic impact on a substantial and the type of professional skills necessary ‘‘(c) PUBLIC AVAILABILITY.—The agency number of agricultural entities; for preparation of the report or record; and shall—

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.021 S04MRPT1 smartinez on PRODPC61 with SENATE S1526 CONGRESSIONAL RECORD — SENATE March 4, 2008 ‘‘(1) make copies of the final agricultural ‘‘(A) the rule shall lapse and have no effect; ‘‘(i) the comments of the agricultural enti- regulatory flexibility analysis available to and ty representatives; and members of the public; and ‘‘(B) the rule shall not be repromulgated ‘‘(ii) the findings of the panel on issues re- ‘‘(2) publish in the Federal Register the until a final regulatory flexibility analysis lated to paragraphs (3), (4), and (5) of sub- analysis or a summary of the analysis. has been completed by the agency. section (b), and subsection (c), of section ‘‘SEC. 405. AVOIDANCE OF DUPLICATIVE OR UN- ‘‘SEC. 409. COMMENTS. 403(e); and NECESSARY ANALYSIS. ‘‘(a) DEFINITION OF COVERED AGENCY.—In ‘‘(5) the covered agency shall— ‘‘(a) OTHER AGENDA OR ANALYSIS.—An this section, the term ‘covered agency’ ‘‘(A) make the report provided under para- agency may perform the analyses required means— graph (4)(C) public as part of the rulemaking by section 402, 403, or 404 in conjunction with ‘‘(1) the Environmental Protection Agency; record; and or as a part of any other agenda or analysis and ‘‘(B) if appropriate, modify— required by any other law if the other anal- ‘‘(2) the Department of the Interior. ‘‘(i) the proposed rule; ysis meets the requirements of that section. ‘‘(b) IN GENERAL.—If a rule is promulgated ‘‘(ii) the initial agricultural flexibility ‘‘(b) NO SIGNIFICANT ECONOMIC IMPACT ON that will have a significant economic impact analysis; or AGRICULTURAL ENTITIES.— on a substantial number of agricultural enti- ‘‘(iii) the decision on whether an initial ‘‘(1) IN GENERAL.—Sections 403 and 404 shall flexibility analysis is required. not apply to a proposed or final rule of an ties, the head of the agency promulgating the rule or the official of the agency with ‘‘(d) NO SIGNIFICANT ECONOMIC IMPACT ON agency if the head of the agency certifies AGRICULTURAL ENTITIES.—A covered agency that the rule will not, if promulgated, have statutory responsibility for the promulga- tion of the rule shall ensure that agricul- may apply subsection (c) to rules that the a significant economic impact on a substan- covered agency— tial number of agricultural entities. tural entities are given an opportunity to participate in the rulemaking for the rule ‘‘(1) intends to certify under subsection ‘‘(2) PUBLICATION OF CERTIFICATION.—If the through the use of techniques such as— 405(b); but head of the agency makes a certification ‘‘(2) believes may have a greater than de under subsection (a), at the time of publica- ‘‘(1) the inclusion in an advanced notice of proposed rulemaking, if issued, of a state- minimis impact on a substantial number of tion of general notice of proposed rule- agricultural entities. making for the rule or at the time of publi- ment that the proposed rule may have a sig- nificant economic effect on a substantial ‘‘(e) WAIVERS.— cation of the final rule, the agency shall pub- ‘‘(1) IN GENERAL.—The Chief Counsel for lish in the Federal Register the certification number of agricultural entities; ‘‘(2) the publication of general notice of Advocacy, in consultation with the individ- and a statement providing the factual basis uals described in subsection (c)(2) and the for the certification. proposed rulemaking in publications likely to be obtained by agricultural entities; Administrator of the Office of Information ‘‘(3) NOTICE AND COMMENT BY CHIEF COUNSEL ‘‘(3) the direct notification of interested and Regulatory Affairs of the Office of Man- FOR ADVOCACY.—The agency shall provide the agricultural entities; agement and Budget, may waive the require- certification and statement to the Chief ments of paragraphs (3), (4), and (5) of sub- Counsel for Advocacy for comment. ‘‘(4) the conduct of open conferences or public hearings concerning the rule for agri- section (c) by including in the rulemaking ‘‘(c) CLOSELY RELATED RULES.—In order to record a written finding, with a statement of avoid duplicative action, an agency may con- cultural entities, including soliciting and re- the reasons for the finding, that those re- sider a series of closely related rules as 1 rule ceiving comments over computer networks; quirements would not advance the effective for the purposes of sections 402, 403, 404, and and participation of agricultural entities in the 410. ‘‘(5) the adoption or modification of agency rulemaking process. ‘‘SEC. 406. EFFECT ON OTHER LAW. procedural rules to reduce the cost or com- ‘‘(2) FACTORS.—In making a determination ‘‘The requirements of sections 403 and 404 plexity of participation in the rulemaking by on a proposed rule of a covered agency under do not alter any standards otherwise applica- agricultural entities. this subsection, the Chief Counsel for Advo- ble by law to agency action. ‘‘(c) REQUIREMENTS FOR COVERED AGEN- CIES.—Prior to publication of an initial agri- cacy shall consider— ‘‘SEC. 407. PREPARATION OF ANALYSES. ‘‘(A) in developing the proposed rule, the ‘‘In complying with sections 403 and 404, an cultural regulatory flexibility analysis for a extent to which the covered agency— agency may provide— proposed rule that a covered agency is re- ‘‘(i) consulted with individuals representa- ‘‘(1) a quantifiable or numerical descrip- quired to conduct under this title— tive of affected agricultural entities with re- tion of the effects of a proposed rule or alter- ‘‘(1) the covered agency shall— spect to the potential impact of the proposed natives to the proposed rule; or ‘‘(A) notify the Chief Counsel for Advocacy rule; and ‘‘(2) more general descriptive statements, of the proposed rule; and ‘‘(ii) took those concerns into consider- if quantification is not practicable or reli- ‘‘(B) provide the Chief Counsel for Advo- ation; able. cacy with information on the potential im- pact of the proposed rule on agricultural en- ‘‘(B) special circumstances requiring ‘‘SEC. 408. WAIVER OR DELAY OF COMPLETION. prompt issuance of the rule; and ‘‘(a) INITIAL AGRICULTURAL REGULATORY tities; ‘‘(C) whether the requirements of sub- FLEXIBILITY ANALYSIS.—An agency head may ‘‘(2) not later than 15 days after the date of section (c) would provide the individuals de- waive or delay the completion of all or part receipt of the materials described in para- scribed in subsection (b)(2) with a competi- of the requirements of section 403 for a pro- graph (1), the Chief Counsel for Advocacy tive advantage relative to other agricultural posed rule by publishing in the Federal Reg- shall identify individuals representative of ister, not later than the date of publication affected agricultural entities for the purpose entities. of the proposed rule, a written finding, with of obtaining advice and recommendations ‘‘SEC. 410. PERIODIC REVIEW OF RULES. a statements of the reasons for the finding, from those individuals on the potential im- ‘‘(a) PLAN FOR PERIODIC REVIEW OF that the final rule is being promulgated in pact of the proposed rule; RULES.— response to an emergency that makes com- ‘‘(3) the covered agency shall convene a re- ‘‘(1) IN GENERAL.—Not later than 180 days pliance or timely compliance with section view panel for the proposed rule consisting after the date of enactment of this title, 403 impracticable. of— each agency shall publish in the Federal ‘‘(b) FINAL AGRICULTURAL REGULATORY ‘‘(A) full-time Federal employees of the of- Register a plan for the periodic review of the FLEXIBILITY ANALYSIS.— fice within the covered agency responsible rules issued by the agency that have or will ‘‘(1) IN GENERAL.—Except as provided in for carrying out the proposed rule; have a significant economic impact on a sub- section 405(b), an agency head may not waive ‘‘(B) the Office of Information and Regu- stantial number of agricultural entities. the requirements of section 404 for a final latory Affairs of the Office of Management ‘‘(2) AMENDMENTS.—The agency may amend rule. and Budget; and the plan by publishing the amendment in the ‘‘(2) DELAYED COMPLETION.—An agency ‘‘(C) the Chief Counsel for Advocacy; Federal Register. head may delay the date for complying with ‘‘(4) the panel convened under paragraph ‘‘(3) PURPOSE OF REVIEW.—The purpose of section 404 for a final rule for a period of not (3) for the proposed rule of a covered agency the review shall be to determine whether the more than 180 days after the date of publica- shall— rules should be continued without change, or tion in the Federal Register of the final rule ‘‘(A) review any material the covered agen- should be amended or rescinded, consistent by publishing in the Federal Register, not cy has prepared in connection with the pro- with the purposes of applicable law, to mini- later than the date of publication of the final posed rule, including any draft proposed rule; mize any significant economic impact of the rule, a written finding, with a statement of ‘‘(B) collect advice and recommendations rules on a substantial number of agricultural the reasons for the finding, that the final of each individual agricultural entity rep- entities. rule is being promulgated in response to an resentative identified by the covered agency, ‘‘(4) TIMETABLE.—Subject to paragraph (5), emergency that makes timely compliance after consultation with the Chief Counsel for the plan shall provide for— with section 104 impracticable. Advocacy, on issues related to paragraphs ‘‘(A) the review of all such agency rules ex- ‘‘(3) EFFECT OF NONCOMPLIANCE.—If the (3), (4), and (5) of subsection (b), and sub- isting on the date of enactment of this title agency has not prepared a final agricultural section (c), of section 403(e); and not later than 10 years after that date of en- regulatory analysis for a final rule pursuant ‘‘(C) not later than 60 days after the date actment; and to section 404 within 180 days after the date the panel is convened, submit to the covered ‘‘(B) the review of each rule adopted after of publication of the final rule— agency a report on— the date of enactment of this title not later

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.021 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1527 than 10 years after the date of the publica- ‘‘(B) if a provision of law requires that an ‘‘(B) to make legislative and nonlegislative tion of the rule as the final rule. action challenging a final agency regulation proposals for eliminating excessive or unnec- ‘‘(5) EXTENSION.—If the head of the agency be commenced before the expiration of the 1- essary regulations of agricultural entities; determines that completion of the review of year period, the number of days specified in ‘‘(2)(A) to study the ability of financial existing rules is not feasible by the date re- the provision of law that is after the date the markets and institutions to meet agricul- quired under paragraph (4), the head of the analysis is made available to the public. tural entity credit needs; and agency— ‘‘(d) RELIEF.—In granting any relief in an ‘‘(B) to determine the impact of govern- ‘‘(A) shall certify the determination in a action under this section, the court shall ment demands for credit on agricultural en- statement published in the Federal Register; order the agency to take corrective action tities; and consistent with this title and chapter 7 of ‘‘(3)(A) to recommend specific measures for ‘‘(B) may extend the completion date by 1 title 5, United States Code, including— creating an environment in which all agri- year at a time for a total of not more than ‘‘(1) remanding the rule to the agency; and cultural entities will have the opportunity 5 years. ‘‘(2) deferring the enforcement of the rule to compete effectively and expand to the full ‘‘(b) FACTORS FOR MINIMIZING IMPACT.—In against agricultural entities unless the court potential of agricultural entities; and reviewing rules to minimize any significant finds that continued enforcement of the rule ‘‘(B) to ascertain the common reasons, if economic impact of a rule on a substantial is in the public interest. any, for agricultural entity successes and number of agricultural entities in a manner ‘‘(e) EFFECTIVE DATE OF RULE.—Nothing in failures; and consistent with the purposes of applicable this subsection limits the authority of any ‘‘(4)(A) to evaluate the efforts of each de- law, the agency shall consider— court to stay the effective date of any rule or partment and agency of the United States, ‘‘(1) the continued need for the rule; provision of any rule under any other provi- and of private industry, to assist agricul- ‘‘(2) the nature of complaints or comments sion of law or to grant any other relief in ad- tural entities owned and controlled by vet- received concerning the rule from the public; dition to the relief authorized under this sec- erans, and agricultural entities concerns ‘‘(3) the complexity of the rule; tion. owned and controlled by serviced-disabled ‘‘(4) the extent to which the rule overlaps, ‘‘(f) AGRICULTURAL FLEXIBILITY ANAL- veterans; duplicates, or conflicts with other Federal YSIS.—In an action for the judicial review of ‘‘(B) to provide statistical information on rules, and, to the maximum extent feasible, a rule, the agricultural flexibility analysis the use of the programs by the agricultural with State and local governmental rules; and for the rule (including an analysis prepared entities; and ‘‘(5) the length of time since the rule has or corrected pursuant to subsection (d)) shall ‘‘(C) to make appropriate recommenda- been evaluated or the degree to which tech- constitute part of the entire record of agency tions to the Secretary and to Congress in nology, economic conditions, or other fac- action in connection with the review. order to promote the establishment and tors have changed in the area affected by the ‘‘(g) SOLE MEANS OF REVIEW.—Compliance growth of those agricultural entities. rule. or noncompliance by an agency with this ‘‘(d) ADDITIONAL DUTIES.—The Office of Ad- title shall be subject to judicial review only ‘‘(c) PUBLICATION OF LIST OF RULES.— vocacy shall— in accordance with this section. ‘‘(1) IN GENERAL.—Each year, each agency ‘‘(1) serve as a focal point for the receipt of ‘‘(h) OTHER IMPACT STATEMENTS.—Nothing shall publish in the Federal Register a list of complaints, criticisms, and suggestions con- in this section bars judicial review of any the rules that have a significant economic cerning the policies and activities of the other impact statement or similar analysis impact on a substantial number of agricul- President and any other Federal agency that required by any other law if judicial review tural entities, which are to be reviewed pur- affects agricultural entities; of the statement or analysis is otherwise suant to this section during the succeeding ‘‘(2) counsel agricultural entities on how to permitted by law. 1-year period. resolve questions and problems concerning ‘‘SEC. 412. REPORTS AND INTERVENTION RIGHTS. ‘‘(2) CONTENT.—The list shall include a the relationship of the agricultural entity to ‘‘(a) MONITORING AND REPORTING.—The brief description of each rule and the need the Federal Government; Chief Counsel for Advocacy shall— for and legal basis of the rule. ‘‘(3) develop proposals for changes in the ‘‘(1) monitor agency compliance with this ‘‘(3) PUBLIC COMMENTS.—The agency shall policies and activities of any agency of the invite public comment on the rule. title; and Federal Government that will better fulfill ‘‘(2) report at least annually to the Presi- ‘‘SEC. 411. JUDICIAL REVIEW. the purposes of agricultural entities and dent and to the Committee on Agriculture of communicate the proposals to the appro- ‘‘(a) IN GENERAL.—In the case of any rule the House of Representatives and the Com- subject to this title, an agricultural entity priate Federal agencies; mittee on Agriculture, Nutrition and For- ‘‘(4) represent the views and interests of that is adversely affected or aggrieved by estry of the Senate on agency compliance final agency action may seek judicial review, agricultural entities before other Federal with this title. agencies whose policies and activities may of agency compliance with— ‘‘(b) INTERVENTION.— affect agricultural entities; and ‘‘(1) sections 404, 405(b), 408(b), and 410, in ‘‘(1) IN GENERAL.—The Chief Counsel for ‘‘(5) enlist the cooperation and assistance accordance with chapter 7 of title 5, United Advocacy may appear as amicus curiae in of public and private agencies, businesses, States Code; and any action brought in a court of the United and other organizations in disseminating— ‘‘(2) sections 407 and 409(a), in connection States to review a rule. ‘‘(A) information about the programs and with judicial review of section 404. ‘‘(2) VIEWS.—In any action described in services provided by the Federal Government ‘‘(b) JURISDICTION.—Each court having ju- paragraph (1), the Chief Counsel for Advo- that are of benefit to agricultural entities; risdiction to review a rule for compliance cacy may present the views of the Chief and with section 553, United States Code, or Counsel for Advocacy with respect to— ‘‘(B) information on how agricultural enti- under any other provision of law, shall have ‘‘(A) compliance with this title; ties can participate in or make use of the jurisdiction to review any claim of non- ‘‘(B) the adequacy of the rulemaking programs and services.’’. compliance with— record with respect to agricultural entities; ‘‘(1) section 404, 405(b), 108(b), and 110 in ac- and By Mr. DOMENICI (for himself cordance with chapter 7 of title 5, United ‘‘(C) the effect of the rule on agricultural States Code; and entities. and Mr. BINGAMAN): S. 2692. A bill to authorize to be ap- ‘‘(2) sections 407 and 409(a), in connection ‘‘(3) GRANTING OF APPLICATION.—A court of with judicial review of section 404. the United States shall grant the application propriated to the Department of the ‘‘(c) TIMING.— of the Chief Counsel for Advocacy to appear Air Force for fiscal year 2009 $4,600,000 ‘‘(1) IN GENERAL.—Except as otherwise pro- in any action under this subsection for the for the construction of an Aerospace vided in this subsection, an agricultural en- purposes described in paragraph (2). Ground Equipment Facility at tity may seek review under this section dur- ‘‘SEC. 413. OFFICE OF ADVOCACY OF THE DE- Holloman Air Force Base, New Mexico; ing— PARTMENT OF AGRICULTURE. ‘‘(A) the 1-year period beginning on the to the Committee on Armed Services. ‘‘(a) ESTABLISHMENT.—There is established Mr. DOMENICI. Mr. President, I rise date of final agency action; or within the Department of Agriculture an Of- ‘‘(B) if a provision of law requires that an fice of Advocacy of the Department of Agri- today to introduce legislation author- action challenging a final agency action be culture. izing new construction at Holloman commenced before the expiration of that 1- ‘‘(b) CHIEF COUNSEL FOR ADVOCACY.—The Air Force Base, New Mexico. year, during the period established under the management of the Office shall be vested in I am proud to offer this bill because provision of law. a Chief Counsel for Advocacy who shall be a Holloman has a variety of military ‘‘(2) FINAL AGRICULTURAL REGULATORY private citizen appointed by the President, construction needs associated with the FLEXIBILITY ANALYSIS.—If an agency delays by and with the advice and consent of the Air Force’s decision to house F–22A the issuance of a final agricultural flexi- Senate. Raptors at Holloman Air Force Base. bility analysis pursuant to section 408(b), an ‘‘(c) PRIMARY FUNCTIONS.—The primary action for judicial review under this section functions of the Office of Advocacy shall be— One of these is an Aerospace Ground shall be filed not later than— ‘‘(1)(A) to measure the direct costs and Equipment facility to support the F–22 ‘‘(A) 1 year after the date the analysis is other effects of government regulation on transition and stationing at Holloman. made available to the public; or agricultural entities; and The Department of Defense budgeted

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.021 S04MRPT1 smartinez on PRODPC61 with SENATE S1528 CONGRESSIONAL RECORD — SENATE March 4, 2008 for this item in its fiscal year 09 De- S. 2693 S. 2695. A bill to authorize to be ap- fense budget request, and in keeping Be it enacted by the Senate and House of Rep- propriated to the Department of the with that request my legislation au- resentatives of the United States of America in Air Force for fiscal year 2009 $1,050,000 thorizes $4.6 million for the construc- Congress assembled, for additions and alterations to Air- tion of the Aerospace Ground Equip- SECTION 1. MODIFICATION OF FLIGHT SIMU- craft Maintenance Units at Holloman LATOR FACILITY, HOLLOMAN AIR ment facility. FORCE BASE, NEW MEXICO. Air Force Base, New Mexico; to the Holloman Air Force Base is an im- (a) PROJECT AUTHORIZATION.—The Sec- Committee on Armed Services. portant asset to our nation, and I am retary of the Air Force may construct addi- Mr. DOMENICI. Mr. President, I rise proud to support the base and the air- tions and alterations to the Flight Simu- today to introduce legislation author- men stationed there by introducing lator Facility at Holloman Air Force Base, izing new construction at Holloman this bill. New Mexico, in the amount of $3,150,000. Air Force Base, New Mexico. (b) AUTHORIZATION OF APPROPRIATIONS.— I am proud to offer this bill because Mr. President, I ask unanimous con- There is authorized to be appropriated sent that the text of the bill be printed $3,150,000 for fiscal year 2009 for military con- Holloman has a variety of military in the RECORD. struction, land acquisition, and military construction needs because of a March There being no objection, the text of family housing functions of the Department 2006 decision by the Secretary of De- the bill was ordered to be printed in of the Air Force to carry out the project au- fense to use Holloman Air Force Base thorized under subsection (a). the RECORD, as follows: as an F–22 Raptor base. One of these is for additions and al- S. 2692 By Mr. DOMENICI (for himself terations to Aircraft Maintenance Be it enacted by the Senate and House of Rep- and Mr. BINGAMAN): Units to support the F–22 transition resentatives of the United States of America in S. 2694. A bill to authorize to be ap- and stationing, at Holloman. The De- Congress assembled, propriated to the Defense Logistics partment of Defense budgeted for this SECTION 1. CONSTRUCTION OF AEROSPACE Agency for fiscal year 2009 $14,400,000 to item in its fiscal year 2009 Defense GROUND EQUIPMENT FACILITY, replace fuel storage tanks at Kirtland HOLLOMAN AIR FORCE BASE, NEW budget request, and in keeping with Air Force Base, New Mexico; to the MEXICO. that request my legislation authorizes Committee on Armed Services. (a) PROJECT AUTHORIZATION.—The Sec- $1.05 million for additions and alter- retary of the Air Force may construct an Mr. DOMENICI. Mr. President, I rise Aerospace Ground Equipment Facility at today to introduce legislation author- ations to Aircraft Maintenance Units. Holloman Air Force Base, New Mexico, in izing new construction at Kirtland Air The F–22A is a unique capability, and the amount of $4,600,000. Force Base, New Mexico. we must ensure that our airmen have (b) AUTHORIZATION OF APPROPRIATIONS.— Kirtland Air Force Base serves many the facilities they need to utilize and There is authorized to be appropriated roles for the Department of Defense care for that capability. I am proud to $4,600,000 for fiscal year 2009 for military con- and the U.S. Air Force. The Nuclear offer this legislation to fulfill those struction, land acquisition, and military Weapons Center, Air Force Research purposes. family housing functions of the Department Laboratories, the New Mexico Air Na- Mr. President, I ask unanimous con- of the Air Force to carry out the project au- sent that the text of the bill be printed thorized under subsection (a). tional Guard, and a Department of En- ergy National Nuclear Security Admin- in the RECORD. By Mr. DOMENICI (for himself istration national laboratory are some There being no objection, the text of the bill was ordered to be printed in and Mr. BINGAMAN): of the many Federal entities doing S. 2693. A bill to authorize to be ap- work at Kirtland. As such, Kirtland’s the RECORD, as follows: propriated to the Department of the construction needs are many. S. 2695 Air Force for fiscal year 2009 $3,150,000 Therefore, I am proud to offer this Be it enacted by the Senate and House of Rep- for additions and alterations to a bill to authorize replacement of fuel resentatives of the United States of America in Congress assembled, Flight Simulator Facility at Holloman storage tanks at Kirtland Air Force Base. The President’s fiscal year 2009 SECTION 1. MODIFICATION OF AIRCRAFT MAIN- Air Force Base, New Mexico; to the TENANCE UNITS, HOLLOMAN AIR Committee on Armed Services. budget requests $14.4 million for this FORCE BASE, NEW MEXICO. Mr. DOMENICI. Mr. President, I rise work, and in keeping with that request (a) PROJECT AUTHORIZATION.—The Sec- today to introduce legislation author- my legislation authorizes $14.4 million retary of the Air Force may construct addi- izing new construction at Holloman for the work to replace the fuel storage tions and alterations to Aircraft Mainte- tanks. nance Units at Holloman Air Force Base, Air Force Base, New Mexico. New Mexico, in the amount of $1,050,000. I am proud to offer this bill because Our armed forces deserve our full support, I am proud to offer my sup- (b) AUTHORIZATION OF APPROPRIATIONS.— Holloman has a variety of military There is authorized to be appropriated construction needs because of a March port for the personnel at Kirtland Air $1,050,000 for fiscal year 2009 for military con- 2006 decision by the Secretary of De- Force Base by introducing this bill. struction, land acquisition, and military fense to use Holloman Air Force Base Mr. President, I ask unanimous con- family housing functions of the Department sent that the text of the bill be printed as an F-22 Raptor base. of the Air Force to carry out the project au- ECORD. thorized under subsection (a). One of these is for additions and al- in the R There being no objection, the text of terations to a Flight Simulator facility the bill was ordered to be printed in By Mr. DOMENICI (for himself to support the F-22 transition and sta- the RECORD, as follows: and Mr. BINGAMAN): tioning at Holloman. The Department S. 2694 S. 2696. A bill authorize to be appro- of Defense budgeted for this item in its Be it enacted by the Senate and House of Rep- priated to the Department of the Air fiscal year 2009 Defense budget request, resentatives of the United States of America in Force for fiscal year 2009 $14,500,000 for and in keeping with that request my Congress assembled, the alteration of a hangar at Holloman legislation authorizes $3.15 million for SECTION 1. REPLACEMENT OF FUEL STORAGE Air Force Base, New Mexico, for the the additions and alterations to the TANKS AT KIRTLAND AIR FORCE construction of a Low Observable Com- Flight Simulator facility. BASE, NEW MEXICO. posite Repair Facility; to the Com- Our Air Force fighter wings defend (a) PROJECT AUTHORIZATION.—The Sec- retary of Defense may replace fuel storage mittee on Armed Services. our homeland and support all global tanks at Kirtland Air Force Base, New Mex- Mr. DOMENICI. Mr. President, I rise combat operations. I am proud to sup- ico, in the amount of $14,400,000. today to introduce legislation author- port those airmen, and I look forward (b) AUTHORIZATION OF APPROPRIATIONS.— izing new construction at Holloman to working on this bill and taking There is authorized to be appropriated Air Forc Base, New Mexico. other actions to support our military $14,400,000 for fiscal year 2009 for military I am proud to offer this bill because forces. construction, land acquisition, and military with F–22s scheduled to arrive at Mr. President, I ask unanimous con- family housing functions of the Department Holloman in 2009, military construc- of Defense (other than the military depart- sent that the text of the bill be printed ments) to carry out the project authorized tion is needed at the base. in the RECORD. under subsection (a). One of those needs is alteration of an There being no objection, the text of existing hangar for construction of a the bill was ordered to be printed in By Mr. DOMENICI (for himself Low Observable Composite Repair Fa- the RECORD, as follows: and Mr. BINGAMAN): cility to support the F–22 transition

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.029 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1529 and stationing at Holloman. The De- There being no objection, the text of $2,150,000 for fiscal year 2009 for military con- partment of Defense budgeted for this the bill was ordered to be printed in struction, land acquisition, and military item in its fiscal year 2009 Defense the RECORD, as follows: family housing functions of the Department budget request, and in keeping with S. 2697 of the Air Force to carry out the project au- that request my legislation authorizes Be it enacted by the Senate and House of Rep- thorized under subsection (a). $14.5 million for the construction of the resentatives of the United States of America in Low Observable Composite Repair Fa- Congress assembled, f cility. SECTION 1. CONSTRUCTION OF SPECIAL OPER- Our Air Force fighter wings are an ATIONS FORCES MAINTENANCE HANGAR AT CANNON AIR FORCE SUBMITTED RESOLUTIONS important part of our global combat BASE, NEW MEXICO. operations. I am proud to support our (a) PROJECT AUTHORIZATION.—The Sec- airmen, and I look forward to working retary of Defense may construct a Special on this bill to address some of their Operations Forces Maintenance Hangar at SENATE RESOLUTION 469—PRO- construction needs. Cannon Air Force Base, New Mexico, in the VIDING FOR A PROTOCOL FOR amount of $18,100,000. Mr. President, I ask unanimous con- NONPARTISAN CONFIRMATION sent that the text of the bill be printed (b) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated OF JUDICIAL NOMINEES in the RECORD. There being no objection, the text of $18,100,000 for fiscal year 2009 for military construction, land acquisition, and military Mr. SPECTER submitted the fol- the bill was ordered to be printed in family housing functions of the Department lowing resolution; which was referred the RECORD, as follows: of Defense (other than the military depart- to the Committee on Rules and Admin- S. 2696 ments) to carry out the project authorized istration: Be it enacted by the Senate and House of Rep- under subsection (a). resentatives of the United States of America in S. RES. 469 Congress assembled, By Mr. DOMENICI (for himself SECTION 1. CONSTRUCTION OF LOW OBSERV- and Mr. BINGAMAN): Whereas judicial nominations have long ABLE COMPOSITE REPAIR FACILITY, S. 2698. A bill to authorize to be ap- been the subject of controversy and delay in HOLLOMAN AIR FORCE BASE, NEW propriated to the Department of the the United States Senate, particularly over MEXICO. the last twenty years; (a) PROJECT AUTHORIZATION.—The Sec- Air Force for fiscal year 2009 $2,150,000 retary of the Air Force may alter a hangar for additions and alterations to a Jet Whereas, in the past, the controversy over at Holloman Air Force Base, New Mexico, to Engine Maintenance Shop at Holloman judicial nominees has occurred regardless of construct a Low Observable Composite Re- Air Force Base, New Mexico; to the which political parties controlled the White pair Facility, in the amount of $14,500,000. Committee on Armed Services. House and the Senate; (b) AUTHORIZATION OF APPROPRIATIONS.— Mr. DOMENICI. Mr. President, I rise Whereas, in the current Congress the con- There is authorized to be appropriated today to introduce legislation author- $14,500,000 for fiscal year 2009 for military troversy over judicial nominees continues; construction, land acquisition, and military izing new construction at Holloman Now, therefore, be it Air Force Base, New Mexico. family housing functions of the Department Resolved, of the Air Force to carry out the project au- I am proud to offer this bill because thorized under subsection (a). there are a number of military con- SECTION 1. PROTOCOL FOR NONPARTISAN CON- struction needs at Holloman as a result FIRMATION OF JUDICIAL NOMINEES. By Mr. DOMENICI (for himself of a decision by the Secretary of the (a) TIMETABLES.— and Mr. BINGAMAN). Air Force to use Holloman Air Force (1) COMMITTEE TIMETABLES.—The Chairman S. 2697. A bill to authorize to be ap- Base as an F–22 Raptor base. of the Committee on the Judiciary, in col- propriated to the Special Operations One of these is a Jet Engine Mainte- laboration with the Ranking Member, shall— Command for fiscal year 2009 $18,100,000 nance Shop to support the F–22 transi- for the construction of a Special Oper- tion and stationing at Holloman. The (A) establish a timetable for hearings for ations Force Maintenance Hangar at Department of Defense budgeted for nominees to the United States district Cannon Air Force Base, New Mexico; to this item in its fiscal year 2009 Defense courts, courts of appeal, and Supreme Court, the Committee on Armed Services. budget request, and in keeping with to occur within 30 days after the names of Mr. DOMENICI. Mr. President, I rise that request my legislation authorizes such nominees have been submitted to the today to introduce legislation author- $2.15 million for the construction of the Senate by the President; and izing new construction at Cannon Air Jet Engine Maintenance Shop. (B) establish a timetable for action by the Force Base, New Mexico. Mr. President, our airmen are one of full Committee to occur within 30 days after I am proud to offer this bill because the most important assets we have in the hearings, and for reporting out nominees Cannon has a variety of military con- the Global War on Terror, and they to the full Senate. struction needs because of a June 2006 need adequate facilities to do their (2) SENATE TIMETABLES.—The majority decision by the Secretary of Defense to work. I am proud to offer this legisla- leader shall establish a timetable for action use Cannon Air Force Base as an Air tion to support them in one of their by the full Senate to occur within 30 days Force Special Operations base. newest missions, flying the F–22A after the Committee on the Judiciary has re- One of these needs is the construc- Raptor. ported out the nominations. tion of a Special Operations Forces Mr. President, I ask unanimous con- (b) EXTENSION OF TIMETABLES.— Maintenance Hangar. The Department sent that the text of the bill be printed of Defense budgeted for this item in its (1) COMMITTEE EXTENSIONS.—The Chairman in the RECORD. fiscal year 2009 Defense budget request, There being no objection, the text of of the Committee on the Judiciary, with no- and in keeping with that request my the bill was ordered to be printed in tice to the Ranking Member, may extend by a period not to exceed 30 days, the time for legislation authorized $18.1 million for the RECORD, as follows: action by the Committee for cause, such as the construction of a Special Oper- S. 2698 ations Forces Maintenance Hangar. the need for more investigation or additional Our special operations forces are a Be it enacted by the Senate and House of Rep- hearings. resentatives of the United States of America in part of some of the most important Congress assembled, (2) SENATE EXTENSIONS.— missions in the Global War on Terror, SECTION 1. MODIFICATION OF JET ENGINE MAIN- (A) IN GENERAL.—The majority leader, with and we have more special operations TENANCE SHOP, HOLLOMAN AIR notice to the minority leader, may extend by FORCE BASE, NEW MEXICO. warfighters deployed now than ever be- a period not to exceed 30 days, the time for fore. I am proud to support those sol- (a) PROJECT AUTHORIZATION.—The Sec- retary of the Air Force may construct addi- floor action for cause, such as the need for diers, and I look forward to working on more investigation or additional hearings. this bill taking other actions to sup- tions and alterations to the Jet Engine Maintenance Shop at Holloman Air Force (B) RECESS PERIOD.—Any day of a recess port our special operations forces. Base, New Mexico, in the amount of Mr. President, I ask unanimous con- period of the Senate shall not be included in $2,150,000. the extension period described under sub- sent that the text of the bill be printed (b) AUTHORIZATION OF APPROPRIATIONS.— paragraph (A). in the RECORD. There is authorized to be appropriated

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.030 S04MRPT1 smartinez on PRODPC61 with SENATE S1530 CONGRESSIONAL RECORD — SENATE March 4, 2008 SENATE RESOLUTION 470—CALL- Whereas, since late 2007, arrests, disappear- and areas most affected by these interrelated ING ON THE RELEVANT GOVERN- ances, and harassment of journalists, human conflicts. MENTS, MULTILATERAL BODIES, rights defenders, and opposition leaders— f AND NON-STATE ACTORS IN particularly those reporting on military op- erations and human rights conditions in CHAD, THE CENTRAL AFRICAN eastern Chad— mirror the repressive crack- SENATE RESOLUTION 471—DESIG- REPUBLIC, AND SUDAN TO DE- down in the aftermath of an attack on NATING MARCH 1, 2008, AS ‘‘NA- VOTE AMPLE POLITICAL COM- N’Djamena in April 2006, and conditions have TIONAL GLANZMANN’S THROM- MITMENT AND MATERIAL RE- only worsened since the February 2008 at- BASTHENIA AWARENESS DAY’’ SOURCES TOWARDS THE tempted coup; ACHIEVEMENT AND IMPLEMEN- Whereas, on September 27, 2007, the United Mr. ISAKSON (for himself, Mrs. MUR- TATION OF A NEGOTIATED RES- Nations Security Council passed Security RAY, and Ms. KLOBUCHAR) submitted OLUTION TO THE NATIONAL AND Council Resolution 1778 (2007), authorizing a the following resolution; which was REGIONAL CONFLICTS IN CHAD, limited United Nations peacekeeping mis- considered and agreed to: sion (MINURCAT) and a concurrent Euro- S. RES. 471 THE CENTRAL AFRICAN REPUB- pean-led force (EUFOR), which is permitted LIC, AND DARFUR, SUDAN to ‘‘take all necessary measures’’ to protect Whereas Glanzmann’s Thrombasthenia af- Mr. FEINGOLD (for himself, Mr. refugees, civilians, and aid workers in east- fects men, women, and children of all ages; ern Chad and northern Central African Re- Whereas Glanzmann’s Thrombasthenia is a LUGAR, Mr. LEVIN, and Mr. HAGEL) sub- very distressing disorder to those who have mitted the following resolution; which public; Whereas, despite the explicit support of it, causing great discomfort and severe emo- was referred to the Committee on For- tional stress; eign Relations: President Deby, deployment of both the 3,700 EUFOR troops and the 350 MINURCAT offi- Whereas children with Glanzmann’s S. RES. 470 cers has been hampered by political and se- Thrombasthenia are unable to participate in Whereas armed groups have been moving curity delays as well as insufficient re- many normal childhood activities including freely among Sudan, Chad, and the Central sources; and most sports and are often subject to social African Republic, committing murder, ban- Whereas continuing hostilities will under- discomfort because of their disorder; ditry, forced recruitment, mass displace- mine efforts to bring security to Sudan’s Whereas Glanzmann’s Thrombasthenia in- ment, gender-based violence, and other Darfur region, dangerously destabilize vola- cludes a wide range of symptoms including crimes that are contributing to insecurity tile political and humanitarian situations in life-threatening, uncontrollable bleeding and and instability throughout the region, exac- Chad and the Central African Republic, and severe bruising; erbating the humanitarian crises in these potentially disrupt progress towards peace in Whereas Glanzmann’s Thrombasthenia is countries and obstructing efforts to end vio- southern Sudan: Now, therefore, be it frequently misdiagnosed or undiagnosed by lence in the Darfur region of Sudan and adja- medical professionals; Resolved, That the Senate— cent areas; Whereas currently there is no cure for (1) expresses the concern and compassion Whereas, on February 2, 2008, rebels Glanzmann’s Thrombasthenia; of the citizens of the United States for the stormed the capital of Chad, N’Djamena, in Whereas it is essential to educate the pub- hundreds of thousands of citizens of Sudan, their second coup attempt in two years, lic on the symptoms, treatments, and con- Chad, and the Central African Republic who prompting clashes with forces loyal to Presi- stant efforts to cure Glanzmann’s Thrombas- have been gravely affected by this inter- dent of Chad Idriss Deby that caused more thenia to ensure early diagnosis and treat- than 100 civilian deaths, thousands of dis- related violence and instability; ment of the condition; placements, and an estimated 10,000 refugees (2) calls upon all parties to these conflicts Whereas Helen P. Smith established the from Chad to seek refuge in neighboring to cease hostilities immediately and uphold Glanzmann’s Thrombasthenia Research Cameroon; basic human rights; Foundation in Augusta, Georgia, in 2001; and Whereas, on February 2, 2008, the United (3) urges the governments of Chad and Whereas Helen P. Smith and the Glanz- States Embassy in N’Djamena was forced to Sudan, with support from other key regional mann’s Thrombasthenia Research Founda- evacuate employees’ families and all non- and international stakeholders, including tion have worked tirelessly to promote emergency staff and urged United States France, Libya, and China, to commit to an- awareness of Glanzmann’s Thrombasthenia citizens to defer all travel to Chad; other round of inclusive negotiations to- and help fund research on the disorder: Now, Whereas, on February 2, 2008, the United wards a sustainable political solution for na- therefore, be it States Government condemned the armed at- tional and regional stability facilitated and Resolved, That the Senate— tack on N’Djamena and expressed ‘‘support monitored by impartial third-party leader- (1) designates March 1, 2008, as ‘‘National [for] the [African Union]’s call for an imme- ship; Glanzmann’s Thrombasthenia Awareness diate end to armed attacks and to refrain (4) calls upon the governments of Chad and Day’’; from violence that might harm innocent ci- Sudan to reaffirm their commitment to the (2) urges all people of the United States to vilians’’; Tripoli Declaration of February 8, 2006, and become more informed and aware of Glanz- Whereas, on February 12, 2008, the United the N’Djamena Agreement of July 26, 2006, mann’s Thrombasthenia; and Nations High Commissioner for Refugees refrain from any actions that violate these (3) respectfully requests the Secretary of (UNHCR) reported that recent offensives by agreements, and cease all logistical, finan- the Senate to transmit a copy of this resolu- the Government of Sudan in Darfur have cial, and military support to insurgent tion to the Glanzmann’s Thrombasthenia Re- prompted up to 12,000 new refugees to flee to groups; search Foundation. neighboring Chad, where the UNHCR and its (5) urges the Government of Chad to in- partners are already struggling to take care crease political participation, strengthen f of 240,000 refugees from Sudan in eastern democratic institutions, respect human Chad and some 50,000 refugees from the Cen- rights, improve accountability and trans- SENATE RESOLUTION 472—COM- tral African Republic in southern Chad; parency as well as the provision of basic MENDING THE EMPLOYEES OF Whereas cross-border attacks by alleged services, and uphold its commitment to pro- THE DEPARTMENT OF HOME- Arab militias from Sudan and related inter- tect its own citizens in order to redeem the LAND SECURITY, THEIR PART- communal ethnic hostilities in eastern Chad legitimacy of the Government in the eyes of have also resulted in the displacement of an its citizens and the international commu- NERS AT ALL LEVELS OF GOV- estimated 170,000 people from Chad in the re- nity; ERNMENT, AND THE MILLIONS gion, adding to the humanitarian need; (6) calls for diplomatic and material sup- OF LAW ENFORCEMENT, FIRE Whereas there have been allegations and port from the United States and the inter- SERVICE, AND EMERGENCY MED- evidence in both Chad and Sudan of govern- national community to facilitate, imple- ICAL SERVICES PERSONNEL, ment support for dissident rebel militias in ment, and monitor a comprehensive peace EMERGENCY MANAGERS, AND each other’s country, in direct violation of process that includes an inclusive dialogue OTHER EMERGENCY RESPONSE the Tripoli Declaration of February 8, 2006, with all relevant stakeholders to end vio- PROVIDERS NATIONWIDE FOR and the N’Djamena Agreement of July 26, lence, demobilize militias, and promote re- 2006; turn and reconstruction for internally dis- THEIR DEDICATED SERVICE IN Whereas, on January 16, 2008, the United placed persons and refugees; and PROTECTING THE PEOPLE OF Nations’ Humanitarian Coordinator for the (7) encourages the United States Govern- THE UNITED STATES AND THE Central African Republic reported that ment and the international community to NATION FROM ACTS OF TER- waves of violence across the north of that provide immediate and ongoing support for RORISM, NATURAL DISASTERS, country have left more than 1,000,000 people the multilateral peacekeeping missions in AND OTHER LARGE-SCALE in need of humanitarian assistance, includ- Darfur, eastern Chad, and the northern Cen- EMERGENCIES ing 150,000 who are internally displaced, tral African Republic, along with adequate while some 80,000 have fled to neighboring assistance to meet the continuing humani- Mr. LIEBERMAN (for himself, Ms. Chad or Cameroon; tarian and security needs of the individuals COLLINS, Mr. STEVENS, Mr. VOINOVICH,

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.038 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1531 Mr. CARPER, Mr. COLEMAN, Mr. DOMEN- Resolved, That the Senate— to the bill S. 2663, supra; which was ordered ICI, Mr. WARNER, and Mr. SUNUNU) sub- (1) on the occasion of the fifth anniversary to lie on the table. mitted the following resolution; which of the establishment of the Department of SA 4103. Mr. CARDIN submitted an amend- was considered and agreed to: Homeland Security, commends the public ment intended to be proposed by him to the servants of the Department for their out- bill S. 2663, supra; which was ordered to lie S. RES. 472 standing contributions to the Nation’s secu- on the table. Whereas it has been almost 7 years since rity and safety; SA 4104. Mrs. FEINSTEIN (for herself, Mr. the horrific terrorist attacks against the (2) salutes the dedication of State, local, BINGAMAN, Mr. MENENDEZ, and Mrs. BOXER) United States and its people on September territorial, and tribal government officials, proposed an amendment to the bill S. 2663, 11, 2001; the private sector, and individuals across the supra. Whereas al-Qaeda and affiliated or inspired country for their efforts to enhance the Na- SA 4105. Ms. KLOBUCHAR (for herself and terrorist groups remain committed to plot- tion’s ability to prevent, protect against, Mr. MENENDEZ) submitted an amendment in- ting attacks against the United States, its prepare for, and respond to acts of terrorism, tended to be proposed by her to the bill S. interests, and its foreign allies, as evidenced natural disasters, and other large-scale 2663, supra; which was ordered to lie on the by recent terrorist attacks in Great Britain, emergencies; table. Algeria, and Pakistan, and disrupted plots in (3) expresses the Nation’s appreciation for SA 4106. Mrs. FEINSTEIN submitted an Germany, Denmark, Canada, and the United the sacrifices and commitment of law en- amendment intended to be proposed by her States; forcement, fire service, and emergency med- to the bill S. 2663, supra; which was ordered Whereas the Nation remains vulnerable to ical services personnel, emergency man- to lie on the table. catastrophic natural disasters, such as Hur- agers, and other emergency response pro- SA 4107. Ms. LANDRIEU submitted an ricane Katrina, which devastated the Gulf viders in preventing, protecting against, pre- amendment intended to be proposed to Coast in August 2005; paring for, and responding to acts of ter- amendment SA 4104 proposed by Mrs. FEIN- Whereas the President has declared more rorism, natural disasters, and other large- STEIN (for herself, Mr. BINGAMAN, Mr. MENEN- than 400 major disasters and emergencies scale emergencies; DEZ, and Mrs. BOXER) to the bill S. 2663, under the Robert T. Stafford Disaster Relief (4) urges the Federal Government, States, supra; which was ordered to lie on the table. and Emergency Assistance Act since 2000, in local governments, Indian tribes, schools, f response to a host of natural disasters, in- nonprofit organizations, businesses, other cluding tornadoes, floods, winter storms, and entities, and the people of the United States TEXT OF AMENDMENTS wildfires that have overwhelmed the capa- to take steps that promote individual and Mr. INOUYE (for himself bilities of State and local governments; SA 4091. community preparedness for any emergency, Whereas acts of terrorism, natural disas- and Mr. STEVENS) submitted an amend- regardless of its cause; and ters, and other large-scale emergencies can ment intended to be proposed by him (5) encourages continued efforts by every exact a tragic human toll, resulting in sig- to the bill S. 2663, to reform the Con- individual in the United States to enhance nificant numbers of casualties and dis- the ability of the Nation to address the full sumer Product Safety Commission to rupting hundreds of thousands of lives, caus- range of potential catastrophic incidents at provide greater protection for chil- ing serious damage to the Nation’s critical all levels of government. dren’s products, to improve the screen- infrastructure, and inflicting billions of dol- ing of noncompliant consumer prod- lars of costs on both the public and private f ucts, to improve the effectiveness of sectors; AMENDMENTS SUBMITTED AND Whereas in response to the attacks of Sep- consumer product recall programs, and tember 11, 2001, and the continuing risk to PROPOSED for other purposes; which was ordered the Nation from a full range of potential cat- SA 4091. Mr. INOUYE (for himself and Mr. to lie on the table; as follows: astrophic incidents, Congress established the STEVENS) submitted an amendment intended At the appropriate place, insert the fol- Department of Homeland Security on March to be proposed by him to the bill S. 2663, to lowing: 1, 2003, bringing together 22 disparate Fed- reform the Consumer Product Safety Com- TITLE —COMMERCIAL SEAFOOD eral entities, enhancing their capabilities mission to provide greater protection for CONSUMER PROTECTION with major new divisions emphasizing infor- children’s products, to improve the screening mation analysis, infrastructure protection, of noncompliant consumer products, to im- SEC. —01. SHORT TITLE. and science and technology, and focusing its prove the effectiveness of consumer product This title may be cited as the ‘‘Commer- more than 200,000 employees on the critical recall programs, and for other purposes; cial Seafood Consumer Protection Act’’. mission of defending the Nation against acts which was ordered to lie on the table. SEC. —02. SEAFOOD SAFETY. of terrorism, natural disasters, and other SA 4092. Mr. DODD submitted an amend- (a) IN GENERAL.—The Secretary of Com- large-scale emergencies; ment intended to be proposed by him to the merce shall, in coordination with the Sec- Whereas since its creation, the employees bill S. 2663, supra; which was ordered to lie retary of Health and Human Services and of the Department of Homeland Security on the table. other appropriate Federal agencies, establish have endeavored to carry out this mission SA 4093. Ms. MIKULSKI submitted an a program to strengthen Federal activities with commendable dedication, working with amendment intended to be proposed by her for ensuring that commercially distributed other Federal departments and agencies and to the bill S. 2663, supra; which was ordered seafood in the United States meets the food partners at all levels of government to help to lie on the table. quality and safety requirements of Federal secure the Nation’s borders, airports, sea and SA 4094. Mr. CORNYN submitted an law. inland ports, critical infrastructure, and peo- amendment intended to be proposed by him (b) MEMORANDUM OF UNDERSTANDING.—The ple against acts of terrorism, natural disas- to the bill S. 2663, supra. Secretary of Commerce and the Secretary of ters, and other large-scale emergencies; SA 4095. Mr. DEMINT proposed an amend- Health and Human Services shall enter into Whereas the Nation’s firefighters, law en- ment to the bill S. 2663, supra. an agreement within 180 days after enact- forcement officers, emergency medical serv- SA 4096. Mr. DEMINT proposed an amend- ment of this Act to strengthen cooperation ices personnel, and other emergency re- ment to the bill S. 2663, supra. on seafood safety. The agreement shall in- sponse providers selflessly and repeatedly SA 4097. Mr. VITTER submitted an amend- clude provisions for— risk their lives to fulfill their mission to ment intended to be proposed by him to the (1) cooperative arrangements for exam- help prevent, protect against, prepare for, bill S. 2663, supra; which was ordered to lie ining and testing seafood imports; and respond to acts of terrorism, natural dis- on the table. (2) coordination of inspections of foreign asters, and other large-scale emergencies; SA 4098. Mr. DORGAN submitted an facilities; Whereas State, local, territorial, and tribal amendment intended to be proposed by him (3) technical assistance and training of for- government officials, the private sector, and to the bill S. 2663, supra; which was ordered eign facilities for marine aquaculture, tech- ordinary individuals across the country have to lie on the table. nical assistance for foreign governments been working in cooperation with the De- SA 4099. Mr. DORGAN submitted an concerning United States regulatory require- partment of Homeland Security and other amendment intended to be proposed by him ments, and appropriate information transfer Federal departments and agencies to en- to the bill S. 2663, supra; which was ordered arrangements between the United States and hance the Nation’s ability to prevent, pro- to lie on the table. foreign governments; tect against, prepare for, and respond to nat- SA 4100. Mr. DORGAN submitted an (4) developing a process for expediting im- ural disasters, acts of terrorism, and other amendment intended to be proposed by him ports of seafood into the United States from large-scale emergencies; and to the bill S. 2663, supra; which was ordered foreign countries and exporters that consist- Whereas the people of the United States to lie on the table. ently adhere to the highest standards for en- can assist in promoting the Nation’s overall SA 4101. Mrs. MCCASKILL submitted an suring seafood safety; preparedness by remaining vigilant, report- amendment intended to be proposed by her (5) establishing a system to track ship- ing suspicious activity to proper authorities, to the bill S. 2663, supra; which was ordered ments of seafood in the distribution chain and preparing themselves and their families to lie on the table. within the United States; for all emergencies, regardless of their cause: SA 4102. Mrs. MCCASKILL submitted an (6) labeling requirements to assure species Now, therefore, be it amendment intended to be proposed by her identity and prevent fraudulent practices;

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(7) a process by which officers and employ- (d) CANCELLATION OF ORDER.—The Sec- SEC. 40. EQUESTRIAN HELMETS. ees of the National Oceanic and Atmospheric retary may cancel an order under subsection (a) STANDARDS.— Administration and National Marine Fish- (a) with respect to seafood exported from a (1) IN GENERAL.—Every equestrian helmet eries Service may be commissioned by the country or exporter if all shipments into the manufactured on or after the date that is 9 Secretary of Health and Human Services for United States under subsection (c) of seafood months after the date of the enactment of seafood examinations and investigations originating in that country or from that ex- this Act shall meet— conducted under section 801 of the Federal porter more than 1 year after the date on (A) the interim standard specified in para- Food, Drug, and Cosmetic Act (21 U.S.C. 381); which the Secretary issued the order have graph (2), pending the establishment of a (8) the sharing of information concerning been found, under the procedures described final standard pursuant to paragraph (3); and observed non-compliance with United States in subsection (c), to meet the requirements (B) the final standard, once that standard food requirements domestically and in for- of Federal law. If the Secretary determines has been established under paragraph (3). eign countries and new regulatory decisions that an exporter has failed to comply with (2) INTERIM STANDARD.—The interim stand- and policies that may affect regulatory out- the requirements of an order under sub- ard for equestrian helmets is the American comes; and section (a), the 1-year period in the preceding Society for Testing and Materials (ASTM) (9) conducting joint training on subjects sentence shall run from the date of that de- standard designated as F 1163. that affect and strengthen seafood inspection termination rather than the date on which (3) FINAL STANDARD.— effectiveness by Federal authorities. the order was issued. (A) REQUIREMENT.—Not later than 60 days after the date of the enactment of this Act, SEC. —03. CERTIFIED LABORATORIES. (e) RELIABLE EVIDENCE DEFINED.—In this Within 180 days after the date of enact- section, the term ‘‘reliable evidence’’ in- the Consumer Product Safety Commission shall begin a proceeding under section 553 of ment of this Act, the Secretary of Com- cludes— title 5, United States Code— merce, in consultation with the Secretary of (1) the detection of failure to meet Federal (i) to establish a final standard for eques- Health and Human Services, shall increase law requirements under subsection (a) by the trian helmets that incorporates all the re- the number of laboratories certified to the Secretary; quirements of the interim standard specified standards of the Food and Drug Administra- (2) the detection of all seafood products in paragraph (2); tion in the United States and in countries that fail to meet Federal law requirements (ii) to provide in the final standard a man- that export seafood to the United States for by an entity commissioned to carry out ex- date that all approved equestrian helmets be the purpose of analyzing seafood and ensur- aminations and investigations under section certified to the requirements promulgated ing that it complies with Federal law. Such 702(a) of the Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a laboratory under the final standard by an organization laboratories may include Federal, State, and that is accredited to certify personal protec- private facilities. The Secretary of Com- certified under subsection (c); (3) findings from an inspection team tion equipment in accordance with ISO merce shall publish in the Federal Register a Guide 65; and list of certified laboratories, and shall up- formed under section —06; or (4) the detection by other importing coun- (iii) to include in the final standard any date the list, and publish the updated list, no additional provisions that the Commission less frequently than annually. tries of non-compliance of shipments of sea- food or seafood products that originate from considers appropriate. SEC. —04. NOAA LABORATORIES. (B) INAPPLICABILITY OF CERTAIN LAWS.— In any fiscal year beginning after the date the exporting country or exporter. (f) EFFECT.—This section shall be in addi- Sections 7, 9, and 30(d) of the Consumer of enactment of this Act, the Secretary of tion to, and shall have no effect on, the au- Product Safety Act (15 U.S.C. 2056, 2058, and Commerce may increase the number and ca- thority of the Secretary of Health and 2079(d)) shall not apply to the proceeding pacity of laboratories operated by the Na- Human Services under the Federal Food, under this subsection, and section 11 of such tional Oceanic and Atmospheric Administra- Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) Act (15 U.S.C. 2060) shall not apply with re- tion involved in carrying out testing and with respect to seafood, seafood products, or spect to any standard issued under such pro- other activities under this title to the extent any other product. ceeding. the Secretary determines that increased lab- (C) EFFECTIVE DATE.—The final standard SEC. —06. INSPECTION TEAMS. oratory capacity is necessary to carry out shall take effect not later than 1 year after the provisions of this title and as provided The Secretary of Commerce, in coopera- the date it is issued. tion with the Secretary of Health and for in appropriations Acts. (4) FAILURE TO MEET STANDARDS.— Human Services, may send 1 or more inspec- SEC. —05. CONTAMINATED SEAFOOD. (A) FAILURE TO MEET INTERIM STANDARD.— tors to a country or exporter from which sea- (a) REFUSAL OF ENTRY.—The Secretary of Until the final standard takes effect, an Health and Human Services shall issue an food exported to the United States origi- equestrian helmet that does not meet the in- order refusing admission into the United nates. The inspection team will assess terim standard, required under paragraph States of all imports of seafood or seafood whether any prohibited drug, practice, or (1)(A), shall be considered in violation of a products originating from a country or ex- process is being used in connection with the consumer product safety standard promul- porter if the Secretary determines, on the farming, cultivation, harvesting, preparation gated under the Consumer Product Safety basis of reliable evidence, that shipments of for market, or transportation of such sea- Act. food. The inspection team shall prepare a re- such seafood or seafood products is not like- (B) STATUS OF FINAL STANDARD.—The final ly to meet the requirements of Federal law. port for the Secretary with its findings. The standard developed under paragraph (3) shall Secretary of Commerce shall cause the re- (b) INCREASED TESTING.—If the Secretary be considered a consumer product safety determines, on the basis of reliable evidence port to be published in the Federal Register standard promulgated under the Consumer that seafood imports originating from a no later than 90 days after the inspection Product Safety Act. country may not meet the requirements of team makes its final report. The Secretary (b) GRANTS REGARDING USE OF SAFE EQUES- Federal law, and determines that there is a of Commerce shall notify the country or ex- TRIAN HELMETS.— lack of adequate certified laboratories to porter through appropriate means as to the (1) AUTHORITY TO AWARD GRANTS.—The Sec- provide for the entry of shipments pursuant findings of the report no later than the date retary of Commerce may award grants to to section —03, then the Secretary shall on which the report is published in the Fed- States, political subdivisions of States, In- order an increase in the percentage of ship- eral Register. A country may offer a rebuttal dian tribes, tribal organizations, public orga- ments tested of seafood originating from to the assessment within 90 days after publi- nizations, and private nonprofit organiza- such country to improve detection of poten- cation of the report. tions for activities that encourage individ- tial violations of such requirements. SEC. —07. AUTHORIZATION OF APPROPRIATIONS. uals to wear approved equestrian helmets. (c) ALLOWANCE OF INDIVIDUAL SHIPMENTS There are authorized to be appropriated for (2) APPLICATION.—A State, political sub- FROM EXPORTING COUNTRY OR EXPORTER.— each of fiscal years 2009 through 2013, for pur- divisions of States, Indian tribes, tribal orga- Notwithstanding an order under subsection poses of carrying out the provisions of this nizations, public organizations, and private (a) with respect to seafood originating from title, $15,000,000. nonprofit organizations seeking a grant a country or exporter, the Secretary may under this section shall submit to the Sec- permit individual shipments of seafood origi- SA 4092. Mr. DODD submitted an retary an application for the grant, in such nating in that country or from that exporter amendment intended to be proposed by form and containing such information as the to be admitted into the United States if— him to the bill S. 2663, to reform the Secretary may require. (1) the exporter presents evidence from a Consumer Product Safety Commission (3) REVIEW BEFORE AWARD.— laboratory certified by the Secretary that a to provide greater protection for chil- (A) REVIEW.—The Secretary shall review shipment of seafood meets the requirements dren’s products, to improve the screen- each application for a grant under this sec- of Federal law; ing of noncompliant consumer prod- tion in order to ensure that the applicant for (2) the Secretary, or an entity commis- ucts, to improve the effectiveness of the grant will use the grant for the purposes sioned to carry out examinations and inves- described in subsection (c). consumer product recall programs, and tigations under section 702(a) of the Federal (B) SCOPE OF PROGRAMS.—In reviewing ap- Food, Cosmetic, and Drug Act (21 U.S.C. for other purposes; which was ordered plications for grants, the Secretary shall 372(a)), has inspected the shipment and has to lie on the table; as follows: permit applicants wide discretion in design- found that the shipment meets the require- On page 103, after line 12, add the fol- ing programs that effectively promote in- ments of Federal law. lowing: creased use of approved equestrian helmets.

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(c) PURPOSES OF GRANTS.—A grant under ‘‘(A) A notice as follows: ‘THIS PRODUCT tion 403(z) and 403(aa) if such person (referred subsection (b) may be used by a grantee to— IS FROM A CLONED ANIMAL OR ITS to in this paragraph as the ‘recipient’) estab- (1) educate individuals and their families PROGENY’. lishes a guaranty or undertaking signed by, on the importance of wearing approved ‘‘(B) The notice required in clause (A) is of and containing the name and address of, the equestrian helmets in a proper manner in the same size as would apply if the notice person residing in the United States from order to improve equestrian safety; provided nutrition information that is re- whom the recipient received in good faith (2) provide assistance to individuals who quired in paragraph (q)(1). the food to the effect that (within the mean- may not be able to afford approved eques- ‘‘(C) The notice required under clause (A) ing of section 403(z)) the food does not con- trian helmets to enable such individuals to is clearly legible and conspicuous. tain any cloned product.’’. acquire such helmets; or ‘‘(2) For purposes of this paragraph: (B) FALSE GUARANTY.—Section 301(h) of the (3) carry out any combination of activities ‘‘(A) The term ‘cloned animal’ means— Federal Food, Drug, and Cosmetic Act (21 described in paragraphs (1) and (2). ‘‘(i) an animal produced as the result of so- U.S.C. 331(h)) is amended by inserting ‘‘or (d) REPORT TO CONGRESS.— matic cell nuclear transfer; and 303(d)(2)’’ after ‘‘303(c)(2)’’. (1) IN GENERAL.—Not later than 1 year after ‘‘(ii) the progeny of such an animal. (4) CITIZEN SUITS.—Chapter III of the Fed- the date of the enactment of this Act, the ‘‘(B) The term ‘cloned product’ means a eral Food, Drug, and Cosmetic Act (21 U.S.C. Secretary of Commerce shall submit to the product or byproduct derived from or con- 331 et seq.) is amended by adding at the end appropriate committees of Congress a report taining any part of a cloned animal. the following section: ‘‘(3) This paragraph does not apply to food on the effectiveness of grants awarded under ‘‘SEC. 311. CITIZEN SUITS REGARDING MIS- subsection (b). that is a medical food as defined in section BRANDING OF FOOD WITH RESPECT (2) CONTENTS.—The report shall include a 5(b) of the Orphan Drug Act. TO PRODUCT FROM CLONED ANI- list of grant recipients, a summary of the ‘‘(4)(A) The Secretary, in consultation with MALS. the Secretary of Agriculture, shall require types of programs implemented by the grant ‘‘(a) IN GENERAL.—Except as provided in that any person that prepares, stores, han- recipients, and any recommendations that subsection (c), any person may on his or her dles, or distributes a cloned product for re- the Secretary considers appropriate regard- behalf commence a civil action in an appro- tail sale maintain a verifiable recordkeeping ing modification or extension of the author- priate district court of the United States audit trail that will permit the Secretary to ity under subsection (b). against— verify compliance with this paragraph and (3) DEFINITION OF APPROPRIATE COMMITTEES ‘‘(1) a person who is alleged to have en- OF CONGRESS.—In this subsection, the term paragraph (aa). ‘‘(B) The Secretary, in consultation with gaged in a violation of section 301(a), 301(b), ‘‘appropriate committees of Congress’’ or 301(c) involving the misbranding of food means— the Secretary of Agriculture, shall publish in the Federal Register the procedures estab- within the meaning of section 403(z) or (A) the Committee on Commerce, Science, 403(aa); or and Transportation and the Committee on lished by such Secretaries to verify compli- ance with the recordkeeping audit trail sys- ‘‘(2) the Secretary where there is alleged a Health, Education, Labor, and Pensions of failure of the Secretary to perform any act the Senate; and tem required under clause (A). ‘‘(C) The Secretary, in consultation with or duty under section 403(z) or 403(aa) that is (B) the Committee on Energy and Com- the Secretary of Agriculture, shall, on an- not discretionary. merce of the House of Representatives. nual basis, submit to Congress a report that ‘‘(b) RELIEF.—In a civil action under sub- (e) AUTHORIZATIONS OF APPROPRIATIONS.— describes the progress and activities of the section (a), the district court involved may, (1) CONSUMER PRODUCT SAFETY COMMIS- recordkeeping audit trail system and compli- as the case may be— SION.—There is authorized to be appropriated ance verification procedures required under ‘‘(1) enforce the compliance of a person to the Consumer Product Safety Commission this subparagraph. with the applicable provisions referred to to carry out activities under subsection (a), ‘‘(aa) If it bears a label indicating (within paragraph (1) of such subsection; or $500,000 for fiscal year 2009, which amount the meaning of paragraph (z)) that it does ‘‘(2) order the Secretary to perform an act shall remain available until expended. not contain cloned product, unless the label or duty referred to in paragraph (2) of such (2) DEPARTMENT OF COMMERCE.—There is is in accordance with regulations promul- subsection. authorized to be appropriated to the Depart- gated by the Secretary. With respect to such ‘‘(c) LIMITATIONS.— ment of Commerce to carry out subsection regulations: ‘‘(1) NOTICE TO SECRETARY.—A civil action (b), $100,000 for each of fiscal years 2009, 2010, ‘‘(1) The regulations may not require such may not be commenced under subsection and 2011. a label to include any statement indicating (a)(1) prior to 60 days after the plaintiff has (f) DEFINITIONS.—In this section: that the fact that a food does not contain provided to the Secretary notice of the viola- (1) APPROVED EQUESTRIAN HELMET.—The such product has no bearing on the safety of tion involved. term ‘‘approved equestrian helmet’’ means the food for human consumption. ‘‘(2) RELATION TO ACTIONS OF SECRETARY.— an equestrian helmet that meets— ‘‘(2) The regulations may not prohibit such A civil action may not be commenced under (A) the interim standard specified in sub- a label on the basis that, in the case of the subsection (a)(2) if the Secretary has com- section (a)(2), pending establishment of a type of food involved, there is no version of menced and is diligently prosecuting a civil final standard under subsection (a)(3); and the food in commercial distribution that or criminal action in a district court of the (B) the final standard, once it is effective does contain such product.’’. United States to enforce compliance with under subsection (a)(3). (2) CIVIL PENALTIES.—Section 303 of the the applicable provisions referred to in sub- (2) EQUESTRIAN HELMET.—The term ‘‘eques- Federal Food, Drug, and Cosmetic Act (21 section (a)(1). trian helmet’’ means a hard shell head cov- U.S.C. 333) is amended by adding at the end ‘‘(d) RIGHT OF SECRETARY TO INTERVENE.— ering intended to be worn while partici- the following subsection: pating in an equestrian event or activity. In any civil action under subsection (a), the ‘‘(g)(1) With respect to a violation of sec- Secretary, if not a party, may intervene as a tion 301(a), 301(b), or 301(c) involving the mis- matter of right. SA 4093. Ms. MIKULSKI submitted branding of food within the meaning of sec- ‘‘(e) AWARD OF COSTS; FILING OF BOND.—In an amendment intended to be proposed tion 403(z) or 403(aa), any person engaging in a civil action under subsection (a), the dis- such a violation shall be liable to the United by her to the bill S. 2663, to reform the trict court involved may award costs of liti- States for a civil penalty in an amount not Consumer Product Safety Commission gation (including reasonable attorney and to provide greater protection for chil- to exceed $100,000 for each such violation. ‘‘(2) Paragraphs (3) through (5) of sub- expert witness fees) to any party whenever dren’s products, to improve the screen- section (f) apply with respect to a civil pen- the court determines such an award is appro- ing of noncompliant consumer prod- alty under paragraph (1) of this subsection to priate. The court may, if a temporary re- ucts, to improve the effectiveness of the same extent and in the same manner as straining order or preliminary injunction is consumer product recall programs, and such paragraphs (3) through (5) apply with sought, require the filing of a bond or equiv- for other purposes; which was ordered respect to a civil penalty under paragraph (1) alent security in accordance with the Fed- eral Rules of Civil Procedure. to lie on the table; as follows: or (2) of subsection (f).’’. (3) GUARANTY.— ‘‘(f) SAVINGS PROVISION.—This section does At the appropriate place, insert the fol- (A) IN GENERAL.—Section 303(d) of the Fed- not restrict any right that a person (or class lowing: eral Food, Drug, and Cosmetic Act (21 U.S.C. of persons) may have under any statute or SEC. ll. LABELING OF CLONED FOOD. 333(d)) is amended— common law to seek enforcement of the pro- (a) AMENDMENTS TO THE FEDERAL FOOD, (i) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; visions referred to subsection (a)(1), or to DRUG, AND COSMETIC ACT.— and seek any other relief (including relief (1) IN GENERAL.—Section 403 of the Federal (ii) by adding at the end the following against the Secretary).’’. Food, Drug, and Cosmetic Act (21 U.S.C. 343) paragraph: (b) AMENDMENTS TO THE FEDERAL MEAT IN- is amended by adding at the end the fol- ‘‘(2) Subject to section 403(z)(4), no person SPECTION ACT.— lowing: shall be subject to the penalties of sub- (1) REQUIREMENTS FOR LABELING REGARDING ‘‘(z)(1) If it contains cloned product unless section (a)(1) or (h) for a violation of section CLONED MEAT FOOD PRODUCTS.—The Federal it bears a label that provides notice in ac- 301(a), 301(b), or 301(c) involving the mis- Meat Inspection Act is amended by inserting cordance with the following: branding of food within the meaning of sec- after section 7 (21 U.S.C. 607) the following:

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.043 S04MRPT1 smartinez on PRODPC61 with SENATE S1534 CONGRESSIONAL RECORD — SENATE March 4, 2008 ‘‘SEC. 7A. REQUIREMENTS FOR LABELING RE- eral Food, Drug, and Cosmetic Act (21 U.S.C. deducted from any sums owing by the United GARDING CLONED MEAT FOOD 343(q)(1)). States to the person charged. PRODUCTS. ‘‘(d) GUARANTY.— ‘‘(5) JUDICIAL REVIEW.— ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—Subject to subsection ‘‘(A) IN GENERAL.—Any person who re- ‘‘(1) CLONED ANIMAL.—The term ‘cloned (b)(2) and paragraph (2), a person engaged in quested, in accordance with paragraph (2), a animal’ means— the business of manufacturing or processing hearing respecting the assessment of a civil ‘‘(A) an animal produced as the result of meat food products, or selling or serving penalty under paragraph (1) and who is ag- somatic cell nuclear transfer; and meat food products at retail or through a grieved by an order assessing a civil penalty ‘‘(B) the progeny of such an animal. food service establishment (referred to in may file a petition for judicial review of the ‘‘(2) CLONED PRODUCT.—The term ‘cloned this subsection as the ‘recipient’) shall not order with— product’ means a product or byproduct de- be considered to have violated this section ‘‘(i) the United States Court of Appeals for rived from or containing any part of a cloned with respect to the labeling of a meat food the District of Columbia Circuit; or animal. product if the recipient establishes a guar- ‘‘(ii) any other circuit in which the person ‘‘(3) CLONED MEAT FOOD PRODUCT.—The anty or undertaking signed by, and con- resides or transacts business. term ‘cloned meat food product’ means a taining the name and address of, the person ‘‘(B) FILING DEADLINE.—A petition de- meat food product that contains a cloned residing in the United States from whom the scribed in subparagraph (A) may only be product. recipient received in good faith the meat filed within the 60-day period beginning on food product or the animal from which the ‘‘(b) LABELING REQUIREMENT.— the date the order making the assessment meat food product was derived, or received in ‘‘(1) REQUIRED LABELING TO AVOID MIS- was issued. good faith food intended to be fed to the ani- BRANDING.— ‘‘(6) FAILURE TO PAY.— mal, to the effect that the meat food prod- ‘‘(A) INVOLVEMENT OF CLONED MEAT FOOD ‘‘(A) IN GENERAL.—The Attorney General uct, or the animal, or the meat food product, PRODUCT.—For purposes of sections 1(n) and shall recover the amount assessed under a respectively, does not contain a cloned prod- 10, a meat food product is misbranded if the civil penalty (plus interest at prevailing uct or was not produced with a cloned prod- meat food product— rates from the date of the expiration of the uct. ‘‘(i) is a cloned meat food product; and 60-day period referred to in paragraph (5)(B) ‘‘(2) AUDIT VERIFICATION SYSTEM.—In the ‘‘(ii) does not bear a label (or include label- or the date of the final judgment, as appro- case of recipients who establish guaranties ing, in the case of a meat food product that priate) in an action brought in any appro- or undertakings in accordance with para- is not packaged in a container) that pro- priate district court of the United States if a graph (1), the Secretary may exempt the re- vides, in a clearly legible and conspicuous person fails to pay the assessment— cipients from the requirement under sub- manner, the notice described in subsection ‘‘(i) after the order making the assessment section (b)(2) regarding maintaining a becomes final, if the person does not file a (c). verifiable recordkeeping audit trail. ‘‘(B) NO INVOLVEMENT OF CLONED MEAT FOOD petition for judicial review of the order in ‘‘(3) FALSE GUARANTY.—It is a violation of accordance with paragraph (5)(A); or PRODUCT.— this Act for a person to give a guaranty or ‘‘(ii) after a court in an action brought ‘‘(i) IN GENERAL.—For purposes of sections undertaking in accordance with paragraph under paragraph (5) has entered a final judg- 1(n) and 10, a meat food product is mis- (1) that the person knows or has reason to ment in favor of the Secretary; branded if the meat food product bears a know is false. XEMPTIONS FROM REVIEW label indicating that the meat food product ‘‘(e) CIVIL PENALTIES.— ‘‘(B) E .—In an ac- is not a cloned meat food product, unless the ‘‘(1) IN GENERAL.—The Secretary may as- tion described in subparagraph (A), the valid- label is in accordance with regulations pro- sess a civil penalty against a person that vio- ity, amount, and appropriateness of the civil mulgated by the Secretary. lates subsection (b) or (c) in an amount not penalty shall not be subject to review. ‘‘(ii) REQUIREMENTS.—In promulgating reg- to exceed $100,000 for each violation. ‘‘(f) CITIZEN SUITS.— ulations referred to in clause (i), the Sec- ‘‘(2) NOTICE AND OPPORTUNITY FOR HEAR- ‘‘(1) IN GENERAL.—Except as provided in retary may not— ING.— paragraph (3), any person may on his or her ‘‘(I) require a label to include any state- ‘‘(A) IN GENERAL.—A civil penalty under behalf commence a civil action in an appro- ment indicating that the fact that a meat paragraph (1) shall be assessed by the Sec- priate district court of the United States food product is not a cloned meat food prod- retary by an order made on the record after against— uct has no bearing on the safety of the food opportunity for a hearing provided in accord- ‘‘(A) a person who is alleged to have en- for human consumption; or ance with this paragraph and section 554 of gaged in a violation of subsection (b) or (c); ‘‘(II) prohibit a label on the basis that, in title 5, United States Code. or the case of the type of meat food product in- ‘‘(B) WRITTEN NOTICE.—Before issuing an ‘‘(B) the Secretary in a case in which there volved, there is no version of the meat food order under subparagraph (A), the Secretary is alleged a failure of the Secretary to per- product in commercial distribution that is shall— form any act or duty under subsection (b) or not a cloned meat food product. ‘‘(i) give written notice to the person to be (c) that is not discretionary. ‘‘(2) AUDIT VERIFICATION SYSTEM.— assessed a civil penalty under the order of ‘‘(2) RELIEF.—In a civil action under para- ‘‘(A) IN GENERAL.—The Secretary, in con- the proposal of the Secretary to issue the graph (1), the district court involved may, as sultation with the Secretary of Health and order; and appropriate— Human Services, shall require that any per- ‘‘(ii) provide the person an opportunity for ‘‘(A) enforce the compliance of a person son that manufactures, produces, distrib- a hearing on the order. with the applicable provisions referred to utes, stores, or handles a meat food product ‘‘(C) AUTHORIZATIONS.—In the course of any paragraph (1)(A); or maintain a verifiable recordkeeping audit investigation, the Secretary may issue sub- ‘‘(B) order the Secretary to perform an act trail that will permit the Secretary to verify poenas requiring the attendance and testi- or duty referred to in paragraph (1)(B). compliance with the labeling requirements mony of witnesses and the production of evi- ‘‘(3) LIMITATIONS.— described in paragraph (1). dence that relates to the matter under inves- ‘‘(A) NOTICE TO SECRETARY.—A civil action ‘‘(B) PUBLICATION.—The Secretary, in con- tigation. may not be commenced under paragraph sultation with the Secretary of Health and ‘‘(3) CONSIDERATIONS REGARDING AMOUNT OF (1)(A) prior to 60 days after the date on which Human Services, shall publish in the Federal PENALTY.—In determining the amount of a the plaintiff provided to the Secretary notice Register the procedures established by the civil penalty under paragraph (1), the Sec- of the violation involved. Secretaries to verify compliance with the retary shall consider— ‘‘(B) RELATION TO ACTIONS OF SECRETARY.— recordkeeping audit trail system required ‘‘(A) the nature, circumstances, extent, A civil action may not be commenced under under subparagraph (A). and gravity of the 1 or more violations; and paragraph (1)(B) if the Secretary has com- ‘‘(C) REPORT.—The Secretary, in consulta- ‘‘(B) with respect to the violator— menced and is diligently prosecuting a civil tion with the Secretary of Health and ‘‘(i) ability to pay; or criminal action in a district court of the Human Services, shall, on annual basis, sub- ‘‘(ii) effect on ability to continue to do United States to enforce compliance with mit to Congress a report that describes the business; the applicable provisions referred to in para- progress and activities of the recordkeeping ‘‘(iii) any history of prior violations; graph (1)(A). audit trail system and compliance ‘‘(iv) the degree of culpability; and ‘‘(4) RIGHT OF SECRETARY TO INTERVENE.—In verification procedures required under this ‘‘(v) such other matters as justice may re- any civil action under paragraph (1), the Sec- paragraph. quire. retary, if not a party, may intervene as a ‘‘(c) SPECIFICS OF LABEL NOTICE.— ‘‘(4) CERTAIN AUTHORITIES.— matter of right. ‘‘(1) REQUIRED NOTICE.—The notice referred ‘‘(A) IN GENERAL.—The Secretary may com- ‘‘(5) AWARD OF COSTS; FILING OF BOND.— to in subsection (b)(1)(A)(ii) is the following: promise, modify, or remit, with or without ‘‘(A) AWARD OF COSTS.—In a civil action ‘THIS PRODUCT IS FROM A CLONED ANI- conditions, any civil penalty under para- under paragraph (1), the district court in- MAL OR ITS PROGENY’. graph (1). volved may award costs of litigation (includ- ‘‘(2) SIZE.—The notice required in para- ‘‘(B) DEDUCTION FROM SUMS OWED.—The ing reasonable attorney and expert witness graph (1) shall be of the same size as if the amount of a civil penalty under this sub- fees) to any party in any case in which the notice provided nutrition information that is section, when finally determined, or the court determines such an award is appro- required under section 403(q)(1) of the Fed- amount agreed upon in compromise, may be priate.

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‘‘(B) FILING OF BOND.—The court may, if a Sec. 105. Labeling requirement for certain this Act, any children’s product containing temporary restraining order or preliminary internet and catalogue adver- more than the amounts of lead set forth in injunction is sought, require the filing of a tising of toys and games. paragraph (2) shall be a banned hazardous bond or equivalent security in accordance Sec. 106. Study of preventable injuries and substance within the meaning of section with the Federal Rules of Civil Procedure. deaths in minority children re- 2(q)(1) of the Federal Hazardous Substances ‘‘(6) SAVINGS PROVISION.—This subsection lated to consumer products. Act (15 U.S.C. 1261(q)(1)). does not restrict any right that a person (or Sec. 107. Review of generally-applicable (2) STANDARD FOR AMOUNT OF LEAD.—The class of persons) may have under any statute standards for toys. amounts of lead referred to in paragraph (1) or common law— TITLE II—CONSUMER PRODUCT SAFETY shall be— ‘‘(A) to seek enforcement of the provisions COMMISSION REFORM (A) 600 parts per million total lead content referred to in paragraph (1)(A); or Sec. 201. Reauthorization of the Commis- by weight for any part of the product; ‘‘(B) to seek any other relief (including re- sion. (B) 300 parts per million total lead content lief against the Secretary).’’. Sec. 202. Structure and quorum. by weight for any part of the product, effec- (2) INCLUSION OF LABELING REQUIREMENTS IN Sec. 203. Submission of copy of certain docu- tive 2 years after the date of enactment of DEFINITION OF MISBRANDED.—Section 1(n) of ments to Congress. this Act; and the Federal Meat Inspection Act (21 U.S.C. Sec. 204. Expedited rulemaking. 601(n)) is amended— (C) 100 parts per million total lead content Sec. 205. Public disclosure of information. by weight for any part of the product, effec- (A) by striking ‘‘or’’ at the end of para- Sec. 206. Publicly available information on graph (11); tive 4 years after the date of enactment of incidents involving injury or this Act, unless the Commission determines, (B) by striking the period at the end of death. after notice and a hearing, that a standard of paragraph (12) and inserting ‘‘; or’’; and Sec. 207. Prohibition on stockpiling under 100 parts per million is not feasible, in which (C) by adding at the end the following: other Commission-enforced case the Commission shall require the lowest ‘‘(13) if it fails to bear a label or labeling as statutes. required by section 7A.’’. Sec. 208. Notification of noncompliance with amount of lead that the Commission deter- (c) EFFECTIVE DATE.—This section and the any Commission-enforced stat- mines is feasible to achieve. amendments made by this section shall take ute. (3) COMMISSION REVISION TO MORE PROTEC- effect upon the expiration of the 180-day pe- Sec. 209. Enhanced recall authority and cor- TIVE STANDARD.— riod beginning on the date of enactment of (A) MORE PROTECTIVE STANDARD.—The this Act. rective action plans. Sec. 210. Website notice, notice to third Commission may, by rule, revise the stand- SA 4094. Mr. CORNYN submitted an party internet sellers, and radio ard set forth in paragraph (2)(C) for any class amendment intended to be proposed by and television notice. of children’s products to any level and form that the Commission determines is— him to the bill S. 2663, to reform the Sec. 211. Inspection of certified proprietary laboratories. (i) more protective of human health; and Consumer Product Safety Commission Sec. 212. Identification of manufacturer, im- (ii) feasible to achieve. to provide greater protection for chil- porters, retailers, and distribu- (B) PERIODIC REVIEW.—The Commission dren’s products, to improve the screen- tors. shall, based on the best available scientific ing of noncompliant consumer prod- Sec. 213. Export of recalled and non-con- and technical information, periodically re- ucts, to improve the effectiveness of forming products. view and revise the standard set forth in this consumer product recall programs, and Sec. 214. Prohibition on sale of recalled section to require the lowest amount of lead for other purposes; as follows: products. that the Commission determines is feasible On page 58, strike lines 4 through 7 and in- Sec. 215. Increased civil penalty. to achieve. sert the following: Sec. 216. Criminal penalties to include asset (4) COMMISSION AUTHORITY TO EXCLUDE CER- ‘‘(g)(1) An attorney general of a State may forfeiture. TAIN MATERIALS.—The Commission may, by not enter into a contingency fee agreement Sec. 217. Enforcement by State attorneys rule, exclude certain products and materials for legal or expert witness services relating general. from the prohibition in paragraph (1) if the to a civil action under this section. Sec. 218. Effect of rules on preemption. Commission determines that the lead con- Sec. 219. Sharing of information with Fed- ‘‘(2) For purposes of this subsection, the tent in such products and materials will not eral, State, local, and foreign term ‘contingency fee agreement’ means a result in the absorption of lead in the human contract or other agreement to provide serv- government agencies. body or does not have any adverse impact on ices under which the amount or the payment Sec. 220. Inspector General authority and public health or safety. of the fee for the services is contingent in accessibility. whole or in part on the outcome of the mat- Sec. 221. Repeal. (5) DEFINITION OF CHILDREN’S PRODUCT.— ter for which the services were obtained.’’. Sec. 222. Industry-sponsored travel ban. (A) IN GENERAL.—As used in this sub- Sec. 223. Annual reporting requirement. section, the term ‘‘children’s product’’ SA 4095. Mr. DEMINT proposed an Sec. 224. Study on the effectiveness of au- means a consumer product as defined in sec- amendment to the bill S. 2663, to re- thority relating to imported tion 3(1) of the Consumer Product Safety Act form the Consumer Product Safety products. (15 U.S.C. 2052(1)) designed or intended pri- Commission to provide greater protec- SEC. 2. REFERENCES. marily for children 12 years of age or young- er. tion for children’s products, to improve (a) COMMISSION.—As used in this Act, the the screening of noncompliant con- term ‘‘Commission’’ means the Consumer (B) FACTORS TO BE CONSIDERED.—In deter- mining whether a product is primarily in- sumer products, to improve the effec- Product Safety Commission. (b) CONSUMER PRODUCT SAFETY ACT.—Ex- tended for a child 12 years of age or younger, tiveness of consumer product recall the following factors shall be considered: programs, and for other purposes; as cept as otherwise expressly provided, when- ever in this Act an amendment is expressed (i) A statement by a manufacturer about follows: as an amendment to a section or other provi- the intended use of such product, including a Strike all after the enacting clause and in- sion, the reference shall be considered to be label on such product if such statement is sert the following: made to a section or other provision of the reasonable. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Consumer Product Safety Act (15 U.S.C. 2051 (ii) Whether the product is represented in (a) SHORT TITLE.—This Act may be cited as et seq.). its packaging, display or advertising as ap- the ‘‘Consumer Product Safety Moderniza- (c) RULE.—In this Act and the amendments propriate for use by children 12 years of age tion Act’’. made by this Act, a reference to any rule or younger. (b) TABLE OF CONTENTS.—The table of con- under any Act enforced by the Commission (iii) Whether the product is commonly rec- tents for this Act is as follows: shall be considered a reference to any rule, ognized by consumers as being intended for Sec. 1. Short title; table of contents. standard, ban, or order under any such Act. use by child 12 years of age or younger. Sec. 2. References. Sec. 3. Authority to issue implementing reg- SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING (iv) The Age Determination Guidelines REGULATIONS. ulations. issued by the Commission staff in September The Commission may issue regulations, as 2002, and any successor thereto. TITLE I—CHILDREN’S PRODUCT SAFETY necessary, to implement this Act and the (6) EXCEPTION FOR INACCESSIBLE COMPONENT Sec. 101. Ban on children’s products con- amendments made by this Act. PARTS.—The standards established under taining lead; lead paint rule. Sec. 102. Mandatory third-party testing for TITLE I—CHILDREN’S PRODUCT SAFETY paragraph (2) shall not apply to any compo- certain children’s products. SEC. 101. BAN ON CHILDREN’S PRODUCTS CON- nent part of a children’s product that is not Sec. 103. Tracking labels for children’s prod- TAINING LEAD; LEAD PAINT RULE. accessible to a child through normal and rea- ucts. (a) CHILDREN’S PRODUCTS CONTAINING sonably foreseeable use and abuse of such Sec. 104. Standards and consumer registra- LEAD.— product, as determined by the Commission. tion of durable nursery prod- (1) BANNED HAZARDOUS SUBSTANCE.—Effec- A component part is not accessible under ucts. tive 180 days after the date of enactment of this paragraph if such component part is not

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.044 S04MRPT1 smartinez on PRODPC61 with SENATE S1536 CONGRESSIONAL RECORD — SENATE March 4, 2008 physically exposed by reason of a sealed cov- ‘‘(ii) specify the applicable consumer prod- (1) by striking ‘‘standards under this Act’’ ering or casing and does not become phys- uct safety standards or other similar rules.’’; and inserting ‘‘rules under this Act or simi- ically exposed through reasonably foresee- and lar rules under any other Act enforced by the able use and abuse of the product. The Com- (3) in paragraph (3) (as so redesignated)— Commission’’; and mission may require that certain electronic (A) by striking ‘‘required by paragraph (1) (2) by striking ‘‘, at the option of the per- devices be equipped with a child-resistant of this subsection’’ and inserting ‘‘required son required to certify the product,’’ and in- cover or casing that prevents exposure of and by paragraph (1) or (2) (as the case may be)’’; serting ‘‘be required by the Commission to’’. accessibility to the parts of the product con- and SEC. 103. TRACKING LABELS FOR CHILDREN’S taining lead if the Commission determines (B) by striking ‘‘requirement under para- PRODUCTS. that it is not feasible for such products to graph (1)’’ and inserting ‘‘requirement under Section 14(a) (15 U.S.C. 2063(a)) is further otherwise meet such standards. paragraph (1) or (2) (as the case may be)’’. amended by adding at the end the following: (b) PAINT STANDARD.— (b) DEFINITION OF CHILDREN’S PRODUCTS ‘‘(4) Effective 1 year after the date of en- (1) IN GENERAL.—Not later than 180 days AND INDEPENDENT THIRD PARTY.—Section 14 actment of the Consumer Product Safety after the date of enactment of this Act, the (15 U.S.C. 2063) is amended by adding at the Modernization Act, the manufacturer of a Commission shall modify section 1303.1 of end the following: children’s product shall, to the extent fea- title 16, Code of Federal Regulations, to— ‘‘(d) DEFINITIONS.—In this section, the fol- sible, place distinguishing marks on the (A) reduce the standard applicable to lead lowing definitions apply: product and its packaging that will enable paint by substituting ‘‘0.009 percent’’ for ‘‘(1) The term ‘children’s product’ means a the manufacturer and the ultimate pur- ‘‘0.06 percent’’ in subsection (a) of that sec- consumer product designed or intended pri- chaser to ascertain the location and date of tion; marily for children 12 years of age or young- production of the product, and any other in- (B) apply the standard to all children’s er. In determining whether a product is pri- formation determined by the manufacturer products as defined in subsection (a)(5); and marily intended for a child 12 years of age or to facilitate ascertaining the specific source (C) reduce the standard for paint and other younger, the following factors shall be con- of the product by reference to those marks.’’. surface coating on children’s products and sidered: SEC. 104. STANDARDS AND CONSUMER REG- furniture to 0.009 milligrams per centimeter ‘‘(A) A statement by a manufacturer about ISTRATION OF DURABLE NURSERY PRODUCTS. squared. the intended use of such product, including a label on such product if such statement is (a) SHORT TITLE.—This section may be (2) MORE PROTECTIVE STANDARD.—Not later reasonable. cited as the ‘‘Danny Keysar Child Product than 3 years after the date of enactment of Safety Notification Act’’. this Act, the Commission shall, by rule, re- ‘‘(B) Whether the product is represented in its packaging, display or advertising as ap- (b) SAFETY STANDARDS.— vise the standard established under para- (1) IN GENERAL.—The Commission shall— graph (1)(C) to a more protective standard if propriate for use by children 12 years of age or younger. (A) in consultation with representatives of the Commission determines such a standard consumer groups, juvenile product manufac- to be feasible. ‘‘(C) Whether the product is commonly rec- ognized by consumers as being intended for turers, and independent child product engi- (c) AUTHORITY TO EXTEND IMPLEMENTATION use by child 12 years of age or younger. neers and experts, examine and assess the ef- PERIODS.—The Commission may extend, by ‘‘(D) The Age Determination Guidelines fectiveness of any voluntary consumer prod- rule, the effective dates in subsections (a) issued by the Commission staff in September uct safety standards for durable infant or and (b) by an additional period not to exceed 2002, and any successor thereto. toddler product; and 180 days if the Commission determines that— ‘‘(2) The term ‘independent third party’, (B) in accordance with section 553 of title (1) there is no impact on public health or means an independent testing entity that is 5, United States Code, promulgate consumer safety from extending the implementation not owned, managed, controlled, or directed product safety rules that— period; and by such manufacturer or private labeler, and (i) are substantially the same as such vol- (2)(A) the complete implementation of the that is accredited in accordance with an ac- untary standards; or new standards by manufacturers subject to creditation process established or recognized (ii) are more stringent than such voluntary such standards is not feasible within 180 by the Commission. In the case of certifi- standards, if the Commission determines days; cation of art material or art material prod- that more stringent standards would further (B) the cost of such implementation, par- ucts required under this section or under reduce the risk of injury associated with ticularly on small and medium sized enter- regulations issued under the Federal Haz- such products. prises, is excessive; or ardous Substances Act, such term includes a (2) TIMETABLE FOR RULEMAKING.—Not later (C) the Commission requires additional certifying organization, as such term is de- than 1 year after the date of enactment of time to implement such standards and deter- fined in appendix A to section 1500.14(b)(8) of this Act, the Commission shall commence mine the required testing methodologies and title 16, Code of Federal Regulations.’’. the rulemaking required under paragraph (1) appropriate exceptions in order to enforce (c) CERTIFICATION OF PROPRIETARY LABORA- and shall promulgate rules for no fewer than such standards. TORIES.—Section 14 (15 U.S.C. 2063) is further 2 categories of durable nursery products SEC. 102. MANDATORY THIRD-PARTY TESTING amended by adding at the end the following: every 6 months thereafter, beginning with FOR CERTAIN CHILDREN’S PROD- ‘‘(e) CERTIFICATION OF PROPRIETARY LAB- the product categories that the Commission UCTS. ORATORIES FOR MANDATORY TESTING.— determines to be of highest priority, until (a) MANDATORY AND THIRD-PARTY TEST- ‘‘(1) CERTIFICATION.—Upon request, the the Commission has promulgated standards ING.—Section 14(a) (15 U.S.C. 2063(a)) is Commission, or an independent standard-set- for all such product categories. Thereafter, amended— ting organization to which the Commission the Commission shall periodically review (1) in paragraph (1)— has delegated such authority, may certify a and revise the rules set forth under this sub- (A) by striking ‘‘Every manufacturer’’ and laboratory that is owned, managed, con- section to ensure that such rules provide the inserting ‘‘Except as provided in paragraph trolled, or directed by the manufacturer or highest level of safety for such products that (2), every manufacturer’’; and private labeler for purposes of testing re- is feasible. (B) by striking ‘‘standard under this Act’’ quired under this section if the Commission (c) CONSUMER REGISTRATION REQUIRE- and inserting ‘‘rule under this Act or similar determines that— MENT.— rule under any other Act enforced by the ‘‘(A) certification of the laboratory would (1) RULEMAKING.—Not later than 1 year Commission’’; provide equal or greater consumer safety after the date of enactment of this Act, the (2) by redesignating paragraph (2) as para- protection than the manufacturer’s use of an Commission shall, pursuant to its authority graph (3) and inserting after paragraph (1) independent third party laboratory; under section 16(b) of the Consumer Product the following: ‘‘(B) the laboratory has established proce- Safety Act (15 U.S.C. 2065(b)), promulgate a ‘‘(2) Effective 1 year after the date of en- dures to ensure that the laboratory is pro- final consumer product safety rule to require actment of the Consumer Product Safety tected from undue influence, including pres- manufacturers of durable infant or toddler Modernization Act, every manufacturer of a sure to modify or hide test results, by the products— children’s product (and the private labeler of manufacturer or private labeler; and (A) to provide consumers with a postage- such children’s product if such product bears ‘‘(C) the laboratory has established proce- paid consumer registration form with each a private label) which is subject to a con- dures for confidential reporting of allega- such product; sumer product safety rule under this Act or tions of undue influence to the Commission. (B) to maintain a record of the names, ad- a similar rule or standard under any other ‘‘(2) DECERTIFICATION.—The Commission, or dresses, email addresses, and other contact Act enforced by the Commission, shall— an independent standard-setting organiza- information of consumers who register their ‘‘(A) have the product tested by a inde- tion to which the Commission has delegated ownership of such products with the manu- pendent third party qualified to perform such authority, may decertify any labora- facturer in order to improve the effective- such tests or a proprietary laboratory cer- tory certified under paragraph (1) if the Com- ness of manufacturer campaigns to recall tified by the Commission under subsection mission finds, after notice and investigation, such products; and (e) ; and that a manufacturer or private labeler has (C) to permanently place the manufacturer ‘‘(B) issue a certificate which shall— exerted undue influence on the laboratory.’’. name and contact information, model name ‘‘(i) certify that such product conforms to (d) CONFORMING AMENDMENTS.—Section and number, and the date of manufacture on such standards or rules; and 14(b) (15 U.S.C. 2063(b)) is amended— each durable infant or toddler product.

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(2) REQUIREMENTS FOR REGISTRATION (1) by redesignating subsections (c) and (d) (2) recommendations for public outreach, FORM.—The registration form required to be as subsections (d) and (e), respectively; awareness, and prevention campaigns spe- provided to consumers under subsection (a) (2) by inserting after subsection (b) the fol- cifically aimed at racial minority popu- shall— lowing: lations; and (A) include spaces for a consumer to pro- ‘‘(c) INTERNET, CATALOGUE, AND OTHER AD- (3) recommendations for education initia- vide their name, address, telephone number, VERTISING.— tives that may reduce statistical disparities. and email address; ‘‘(1) REQUIREMENT.—Effective 180 days after SEC. 107. REVIEW OF GENERALLY-APPLICABLE (B) include space sufficiently large to per- the Consumer Product Safety Modernization STANDARDS FOR TOYS. mit easy, legible recording of all desired in- Act, any advertisement of a retailer, manu- (a) ASSESSMENT.—The Commission shall formation; facturer, importer, distributor, private label- examine and assess the effectiveness of the (C) be attached to the surface of each dura- er, or licensor that provides a direct means safety standard for toys, ASTM-Inter- ble infant or toddler product so that, as a for the purchase or ordering of any toy, national standard F963–07, or its successor practical matter, the consumer must notice game, balloon, small ball, or marble that re- standard, to determine— and handle the form after purchasing the quires a cautionary statement under sub- (1) the scope of such standards, including product; sections (a) and (b), including advertisement the number and type of toys to which such (D) include the manufacturer’s name, on Internet websites or in catalogues or standards apply; model name and number for the product, and other distributed materials, shall include the (2) the degree of adherence to such stand- the date of manufacture; appropriate cautionary statement required ards on the part of manufacturers; and (E) include a message explaining the pur- under such subsections in its entirety dis- (3) the adequacy of such standards in pro- pose of the registration and designed to en- played on or immediately adjacent to such tecting children from safety hazards. courage consumers to complete the registra- advertisement. Such cautionary statement (b) SPECIAL FOCUS ON MAGNETS.—In con- tion; shall be displayed in the language that is pri- ducting the assessment required under sub- (F) include an option for consumers to reg- marily used in the advertisement, catalogue, section (a), the Commission shall first exam- ister through the Internet; and or Internet website, and in a clear and con- ine the effectiveness of the F963–07 standard (G) include a statement that information spicuous manner consistent with part 1500 of as it relates to intestinal blockage and per- provided by the consumer shall not be used title 16, Code of Federal Regulations (or a foration hazards caused by ingestion of for any purpose other than to facilitate a re- successor regulation thereto). magnets. If the Commission determines ‘‘(2) ENFORCEMENT.—The requirement in call of or safety alert regarding that product. based on the review that there is substantial paragraph (1) shall be treated as a consumer In issuing regulations under this section, the noncompliance with such standard that cre- product safety rule promulgated under sec- Commission may prescribe the exact text ates an unreasonable risk of injury or hazard tion 7 of the Consumer Product Safety Act and format of the required registration form. to children, the Commission shall expedite a (15 U.S.C. 2056) and the publication or dis- (3) RECORD KEEPING AND NOTIFICATION RE- rulemaking to consider the adoption, as a tribution of any advertisement that is not in QUIREMENTS.—The standard required under consumer product safety rule, of the vol- compliance with the requirements of para- this section shall require each manufacturer untary safety standards contained within graph (1) shall be treated as a prohibited act of a durable infant or toddler product to the ASTM F963–07, or its successor standard, under section 19 of such Act (15 U.S.C. 2068). maintain a record of registrants for each that relate to intestinal blockage and per- ‘‘(3) RULEMAKING.—Not later than 180 days product manufactured that includes all of after the date of enactment of Consumer foration hazards caused by ingestion of the information provided by each consumer Product Safety Modernization Act, the Com- magnets. EPORT.—Not later than 2 years after registered, and to use such information to mission shall, by rule, modify the require- (c) R notify such consumers in the event of a vol- ment under paragraph (1) with regard to the date of enactment of this Act, the Com- untary or involuntary recall of or safety catalogues or other printed materials con- mission shall report to Congress the findings alert regarding such product. Each manufac- cerning the size and placement of the cau- of the study conducted pursuant to sub- turer shall maintain such a record for a pe- tionary statement required under such para- section (a). Such report shall include the riod of not less than 6 years after the date of graph as appropriate relative to the size and Commission’s opinion regarding— manufacture of the product. Consumer infor- placement of the advertisements in such (1) the feasibility of requiring manufac- mation collected by a manufacturer under printed materials. The Commission may, turer testing of all toys to such standards; this Act may not be used by the manufac- under such rule, provide a grace period for and turer, nor disseminated by such manufac- catalogues and printed materials printed (2) whether promulgating consumer prod- turer to any other party, for any purpose prior to the effective date in paragraph (1) uct safety rules that are substantially simi- other than notification to such consumer in during which time distribution of such print- lar or more stringent than the standards de- the event of a product recall or safety alert. ed materials shall not be considered a viola- scribed in such subsection would be bene- (4) STUDY.—The Commission shall conduct tion of such paragraph.’’. ficial to public health and safety. a study at such time as it considers appro- SEC. 106. STUDY OF PREVENTABLE INJURIES TITLE II—CONSUMER PRODUCT SAFETY priate on the effectiveness of the consumer AND DEATHS IN MINORITY CHIL- COMMISSION REFORM registration forms in facilitating product re- DREN RELATED TO CONSUMER SEC. 201. REAUTHORIZATION OF THE COMMIS- calls and whether such registration forms PRODUCTS. SION. should be required for other children’s prod- (a) IN GENERAL.—Not later than 90 days (a) AUTHORIZATION OF APPROPRIATIONS.— ucts. Not later than 4 years after the date of after the date of the enactment of this Act, Subsections (a) and (b) of section 32 (15 enactment of this Act, the Commission shall the Comptroller General shall initiate a U.S.C. 2081) are amended to read as follows: report its findings to Congress. study to assess disparities in the risks and ‘‘(a) There are authorized to be appro- (d) DEFINITION OF DURABLE INFANT OR TOD- incidence of preventable injuries and deaths priated to the Commission for the purpose of DLER PRODUCT.—As used in this section, the among children of minority populations, in- carrying out the provisions of this Act and term ‘‘durable infant or toddler product’’— cluding Black, Hispanic, American Indian, any other provision of law the Commission is Alaskan native, and Asian/Pacific Islander (1) means a durable product intended for authorized or directed to carry out— children in the United States. The Comp- use, or that may be reasonably expected to ‘‘(1) $80,000,000 for fiscal year 2009; troller General shall consult with the Com- be used, by children under the age of 5 years; ‘‘(2) $90,000,000 for fiscal year 2010; and mission as necessary. and ‘‘(3) $100,000,000 for fiscal year 2011. (b) REQUIREMENTS.—The study shall exam- (2) shall include— ‘‘(b) In addition to the amounts specified in (A) full-size cribs and nonfull-size cribs; ine the racial disparities of the rates of pre- ventable injuries and deaths related to suffo- subsection (a), there are authorized to be ap- (B) toddler beds; cation, poisonings, and drownings associated propriated $20,000,000 to the Commission for (C) high chairs, booster chairs, and hook- with the use of cribs, mattresses and bedding fiscal years 2009 through 2011, for the purpose on chairs; materials, swimming pools and spas, and of renovation, repair, reconstruction, re- (D) bath seats; toys and other products intended for use by equipping, and making other necessary cap- (E) gates and other enclosures for con- children. ital improvements to the Commission’s re- fining a child; (c) REPORT.—Not later than 1 year after search, development, and testing facility (in- (F) play yards; the date of the enactment of this Act, the cluding bringing the facility into compliance (G) stationary activity centers; Comptroller General shall report the find- with applicable environmental, safety, and (H) infant carriers; ings to the Committee on Energy and Com- accessibility standards).’’. (I) strollers; merce of the House of Representatives and (b) REPORT TO CONGRESS.—Not later than (J) walkers; the Committee on Commerce, Science, and 180 days after the date of enactment of this (K) swings; and Transportation of the Senate. The report Act, the Commission shall transmit to Con- (L) bassinets and cradles. shall include— gress a report of its plans to allocate the SEC. 105. LABELING REQUIREMENT FOR CER- (1) the Comptroller General’s findings on funding authorized by subsection (a). Such TAIN INTERNET AND CATALOGUE the incidence of preventable risks of injuries report shall include— ADVERTISING OF TOYS AND GAMES. and deaths among children of minority popu- (1) the number of full-time inspectors and Section 24 of the Federal Hazardous Sub- lations and recommendations for minimizing other full-time equivalents the Commission stances Act (15 U.S.C. 1278) is amended— such risks; intends to employ;

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.046 S04MRPT1 smartinez on PRODPC61 with SENATE S1538 CONGRESSIONAL RECORD — SENATE March 4, 2008 (2) the plan of the Commission for risk as- ing to the product involved,’’ in the third (G) by striking ‘‘Department of Health, sessment and inspection of imported con- sentence of subsection (c) and inserting ‘‘the Education, and Welfare’’ in section 14(b) (15 sumer products; notice’’. U.S.C. 1273(b)) and inserting ‘‘Commission’’; (3) an assessment of the feasibility of man- (2) CONFORMING AMENDMENT.—Section (H) by striking ‘‘Consumer Product Safety dating bonds for serious hazards and repeat 5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by Commission’’ each place it appears and in- offenders and Commission inspection and striking ‘‘an advance notice of proposed rule- serting ‘‘Commission’’; and certification of foreign third-party and pro- making or’’. (I) by striking ‘‘(hereinafter in this section prietary testing facilities; and (b) RULEMAKING UNDER FEDERAL HAZ- referred to as the ‘Commission’)’’ in section (4) the efforts of the Commission to reach ARDOUS SUBSTANCES ACT.— 20(a)(1) (15 U.S.C. 1275(a)(1)). and educate retailers of second-hand prod- (1) IN GENERAL.—Section 3(a)(1) of the Fed- (c) RULEMAKING UNDER THE FLAMMABLE ucts and informal sellers, such as thrift eral Hazardous Substances Act (15 U.S.C. FABRICS ACT.— shops and yard sales, concerning consumer 1262(a)(1)) is amended to read as follows: (1) IN GENERAL.—Section 4 of the Flam- product safety standards and product recalls, ‘‘(1) Whenever in the judgment of the Com- mable Fabrics Act (15 U.S.C. 1193) is amend- especially those relating to durable nursery mission such action will promote the objec- ed— products, in order to prevent the resale of tives of this Act by avoiding or resolving un- (A) by striking ‘‘shall be commenced’’ and any products that have been recalled, includ- certainty as to its application, the Commis- inserting ‘‘may be commenced by a notice of ing the development of educational mate- sion may by regulation declare to be a haz- proposed rulemaking or’’; rials for distribution not later than 1 year ardous substance, for the purposes of this (B) in subsection (i), by striking ‘‘unless, after the date of enactment of this Act. Act, any substance or mixture of substances, not less than 60 days after publication of the which the Commission finds meets the re- notice required in subsection (g), the’’ and SEC. 202. STRUCTURE AND QUORUM. quirements section 2(f)(1)(A).’’. (a) EXTENSION OF TEMPORARY QUORUM.— inserting ‘‘unless the’’. (2) PROCEDURE.— Notwithstanding section 4(d) of the Con- (2) OTHER CONFORMING AMENDMENTS.—The (A) Section 2(q)(2) of the Federal Haz- Flammable Fabrics Act (15 U.S.C. 1193 et sumer Product Safety Act (15 U.S.C. 2053(d)), ardous Substances Act (15 U.S.C. 1261(q)(2)) is 2 members of the Commission, if they are seq.) is further amended— amended by striking ‘‘Proceedings for the (A) by striking subsection (i) of section 2 not affiliated with the same political party, issuance, amendment, or repeal of regula- shall constitute a quorum for the trans- and inserting the following: tions pursuant to clause (B) of subparagraph ‘‘(i) The term ‘Commission’ means the Con- action of business for the period beginning (1) of this paragraph shall be governed by the on the date of enactment of this Act sumer Product Safety Commission.’’; provisions of sections 701(e), (f), and (g) of (B) by striking ‘‘Secretary of Commerce’’ through— the Federal Food, Drug, and Cosmetic Act: (1) August 3, 2008, if the President nomi- each place it appears and inserting ‘‘the Provided, That if’’ and inserting ‘‘Pro- Commission’’; nates a person to fill a vacancy on the Com- ceedings for the issuance, amendment, or re- mission prior to such date; or (C) by striking ‘‘Secretary’’ each place it peal of regulations pursuant to clause (B) of appears, except in sections 9 and 14, and in- (2) the earlier of— subparagraph (1) of this paragraph shall be (A) 3 months after the date on which the serting ‘‘Commission’’; governed by the provisions of subsections (f) (D) by striking ‘‘he’’ and ‘‘his’’ each place President nominates a person to fill a va- through (i) of section 3 of this Act, except cancy on the Commission after such date; or either term appears in reference to the sec- that if’’. retary and insert ‘‘it’’ and ‘‘its’’, respec- (B) February 3, 2009. (B) Section 3(a)(2) of the Federal Hazardous (b) REPEAL OF LIMITATION.—The first pro- tively; Substances Act (15 U.S.C. 1262(a)(2)) is viso in the account under the heading ‘‘CON- (E) in section 4(e), by striking paragraph amended to read as follows: (5) and redesignating paragraph (6) as para- SUMER PRODUCT SAFETY COMMISSION, SALA- ‘‘(2) Proceedings for the issuance, amend- graph (5); RIES AND EXPENSES’’ in title III of Public ment, or repeal of regulations under this Law 102–389 (15 U.S.C. 2053 note) shall cease subsection and the admissibility of the (F) in section 15, by striking ‘‘Consumer to be in effect after fiscal year 2010. record of such proceedings in other pro- Product Safety Commission (hereinafter re- SEC. 203. SUBMISSION OF COPY OF CERTAIN ceedings, shall be governed by the provisions ferred to as the ‘Commission’)’’ and inserting DOCUMENTS TO CONGRESS. of subsections (f) through (i) of this sec- ‘‘Commission’’; (a) IN GENERAL.—Notwithstanding any tion.’’. (G) by striking section 16(d) and inserting rule, regulation, or order to the contrary, (3) ADVANCE NOTICE OF PROPOSED RULE- the following: the Commission shall comply with the re- MAKING REQUIREMENT.—Section 3 of the Fed- ‘‘(d) In this section, a reference to a flam- quirements of section 27(k) of the Consumer eral Hazardous Substances Act (15 U.S.C. mability standard or other regulation for a Product Safety Act (15 U.S.C. 2076) with re- 1262) is amended— fabric, related materials, or product in effect spect to budget recommendations, legisla- (A) by striking ‘‘shall be commenced’’ in under this Act includes a standard of flam- tive recommendations, testimony, and com- subsection (f) and inserting ‘‘may be com- mability continued in effect by section 11 of ments on legislation submitted by the Com- menced’’; the Act of December 14, 1967 (Public Law 90– mission to the President or the Office of (B) by striking ‘‘in the notice’’ in sub- 189).’’; and Management and Budget after the date of en- section (g)(1) and inserting ‘‘in a notice’’; (H) in section 17, by striking ‘‘Consumer actment of this Act. and Product Safety Commission’’ and inserting (b) REINSTATEMENT OF REQUIREMENT.—Sec- (C) by striking ‘‘unless, not less than 60 ‘‘Commission’’. tion 3003(d) of Public Law 104–66 (31 U.S.C. days after publication of the notice required SEC. 205. PUBLIC DISCLOSURE OF INFORMATION. 1113 note) is amended— in subsection (f), the’’ in subsection (h) and Section 6(b) (15 U.S.C. 2055(b)) is amended— (1) by striking ‘‘or’’ after the semicolon in inserting ‘‘unless the’’. (1) in paragraph (1)— paragraph (31); (4) CONFORMING AMENDMENTS.—The Federal (A) by striking ‘‘30 days’’ and inserting ‘‘15 (2) by redesignating paragraph (32) as (33); Hazardous Substances Act (15 U.S.C. 1261 et days’’; and seq.) is amended— (B) by striking ‘‘finds that the public’’ and (3) by inserting after paragraph (31) the fol- (A) by striking subsection (d) of section 2 inserting ‘‘publishes a finding that the pub- lowing: and inserting the following: lic’’; and ‘‘(32) section 27(k) of the Consumer Product ‘‘(d) The term ‘Commission’ means the (C) by striking ‘‘and publishes such a find- Safety Act (15 U.S.C. 2076(k)); or’’. Consumer Product Safety Commission.’’; ing in the Federal Register’’; SEC. 204. EXPEDITED RULEMAKING. (B) by striking ‘‘Secretary’’ each place it (2) in paragraph (2)— (a) RULEMAKING UNDER THE CONSUMER appears and inserting ‘‘Commission’’ ex- (A) by striking ‘‘10 days’’ and inserting ‘‘5 PRODUCT SAFETY ACT.— cept— days’’; (1) ADVANCE NOTICE OF PROPOSED RULE- (i) in section 10(b) (15 U.S.C. 1269(b)); (B) by striking ‘‘finds that the public’’ and MAKING REQUIREMENT.—Section 9 (15 U.S.C. (ii) in section 14 (15 U.S.C. 1273); and inserting ‘‘publishes a finding that the pub- 2058) is amended— (iii) in section 21(a) (15 U.S.C. 1276(a)); lic’’; and (A) by striking ‘‘shall be commenced’’ in (C) by striking ‘‘Department’’ each place it (C) by striking ‘‘and publishes such a find- subsection (a) and inserting ‘‘may be com- appears, except in section 14(b), and insert- ing in the Federal Register’’; menced’’; ing ‘‘Commission’’; (3) in paragraph (4), by striking ‘‘section 19 (B) by striking ‘‘in the notice’’ in sub- (D) by striking ‘‘he’’ and ‘‘his’’ each place (related to prohibited acts)’’ and inserting section (b) and inserting ‘‘in a notice’’; they appear in reference to the Secretary ‘‘any consumer product safety rule under or (C) by striking ‘‘unless, not less than 60 and inserting ‘‘it’’ and ‘‘its’’, respectively; provision of this Act or similar rule under or days after publication of the notice required (E) by striking ‘‘Secretary of Health, Edu- provision of any other Act administered by in subsection (a), the’’ in subsection (c) and cation, and Welfare’’ each place it appears in the Commission’’; and inserting ‘‘unless the’’; section 10(b) (15 U.S.C. 1269(b)) and inserting (4) in paragraph (5)— (D) by inserting ‘‘or notice of proposed ‘‘Commission’’; (A) in subparagraph (B), by striking ‘‘; or’’ rulemaking’’ after ‘‘advance notice of pro- (F) by striking ‘‘Secretary of Health, Edu- and inserting a semicolon; posed rulemaking’’ in subsection (c); and cation, and Welfare’’ each place it appears in (B) in subparagraph (C), by striking the pe- (E) by striking ‘‘an advance notice of pro- section 14 (15 U.S.C. 1273) and inserting riod and inserting ‘‘; or’’; posed rulemaking under subsection (a) relat- ‘‘Commission’’; (C) by adding at the end the following:

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.046 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1539 ‘‘(D) the Commission publishes a finding a product to be an imminently hazardous under section 12. Such guidelines shall in- that the public health and safety require consumer product and has filed an action clude any information that the Commission public disclosure with a lesser period of no- under section 12,’’ after ‘‘from such substan- determines would be helpful to consumers tice than is required under paragraph (1).’’; tial product hazard,’’; in— and (C) by redesignating paragraphs (1) ‘‘(1) identifying the specific product that is (D) in the matter following such subpara- through (3) as subparagraphs (D) through (F), subject to such an order; graph (as added by subparagraph (C)), by respectively; ‘‘(2) understanding the hazard that has striking ‘‘section 19(a)’’ and inserting ‘‘any (D) by inserting after ‘‘the following ac- been identified with such product (including consumer product safety rule under this Act tions:’’ the following: information regarding incidents or injuries or similar rule under or provision of any ‘‘(A) To cease distribution of the product. known to have occurred involving such prod- other Act administered by the Commission’’. ‘‘(B) To notify all persons that transport, uct); and SEC. 206. PUBLICLY AVAILABLE INFORMATION store, distribute, or otherwise handle the ‘‘(3) understanding what remedy, if any, is ON INCIDENTS INVOLVING INJURY product, or to which the product has been available to a consumer who has purchased OR DEATH. transported, sold, distributed, or otherwise the product.’’. (a) EVALUATION.—The Commission shall ex- handled, to cease immediately distribution SEC. 210. WEBSITE NOTICE, NOTICE TO THIRD amine and assess the efficacy of the Injury of the product. Information Clearinghouse maintained by PARTY INTERNET SELLERS, AND ‘‘(C) To notify appropriate State and local RADIO AND TELEVISION NOTICE. the Commission pursuant to section 5(a) of public health officials.’’; and the Consumer Product Safety Act (15 U.S.C. Section 15(c)(1) (15 U.S.C. 2064(c)(1)) is (E) by adding at the end the following: amended by inserting ‘‘, including posting 2054(a)). The Commission shall determine the ‘‘(2) If a district court determines, in an ac- clear and conspicuous notice on its Internet volume and types of publicly available infor- tion filed under section 12, that the product website, providing notice to any third party mation on incidents involving consumer that is the subject of such action is not an Internet website on which such manufac- products that result in injury, illness, or imminently hazardous consumer product, death and the ease and manner in which con- turer, retailer, or distributor has placed the the Commission shall rescind any order sumers can access such information. product for sale, and announcements in lan- issued under this subsection with respect to (b) IMPROVEMENT PLAN.—As a result of the guages other than English and on radio and such product.’’. study conducted under subsection (a), the television where the Commission determines (2) in subsection (f)— Commission shall transmit to Congress, not that a substantial number of consumers to (A) by striking ‘‘An order’’ and inserting later than 180 days after the date of enact- whom the recall is directed may not be ‘‘(1) Except as provided in paragraph (2), an ment of this Act, a detailed plan for main- reached by other notice’’ after ‘‘comply’’. taining and categorizing such information on order’’; and a searchable Internet database to make the (B) by inserting at the end the following: SEC. 211. INSPECTION OF CERTIFIED PROPRI- ETARY LABORATORIES. information more easily available and bene- ‘‘(2) The requirement for a hearing in para- ficial to consumers, with due regard for the graph (1) shall not apply to an order issued Section 16(a)(1) is amended by striking ‘‘or protection of personal information. Such under subsection (c) relating to an immi- (B)’’ and inserting ‘‘(B) any proprietary lab- plan shall include the views of the Commis- nently hazardous consumer product with re- oratories certified under section 14(e), or sion regarding whether additional informa- gard to which the Commission has filed an (C)’’. tion, such as consumer complaints, hospital action under section 12.’’. SEC. 212. IDENTIFICATION OF MANUFACTURER, or other medical reports, and warranty (b) CORRECTIVE ACTION PLANS.—Section IMPORTERS, RETAILERS, AND DIS- claims, should be included in the database. 15(d) (15 U.S.C. 2064(d)) is amended— TRIBUTORS. (1) by inserting ‘‘(1)’’ after the subsection The plan submitted under this subsection (a) IN GENERAL.—Section 16 (15 U.S.C. 2065) designation; shall include a detailed implementation is further amended by adding at the end (2) by redesignating paragraphs (1), (2), and schedule for the database, recommendations thereof the following: for any necessary legislation, and plans for a (3) as subparagraphs (A), (B), and (C); public awareness campaign to be conducted (3) by striking ‘‘more (A)’’ in subparagraph ‘‘(c) Upon request by an officer or em- by the Commission to increase consumer (C), as redesignated, and inserting ‘‘more ployee duly designated by the Commission— awareness of the database. (i)’’; ‘‘(1) every importer, retailer, or distributor of a consumer product (or other product or SEC. 207. PROHIBITION ON STOCKPILING UNDER (4) by striking ‘‘or (B)’’ in subparagraph OTHER COMMISSION-ENFORCED (C), as redesignated, and inserting ‘‘or (ii)’’; substance over which the Commission has ju- STATUTES. (5) by striking ‘‘An order under this sub- risdiction under this or any other Act) shall Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is section may’’ and inserting: identify the manufacturer of that product by amended— ‘‘(2) An order under this subsection shall’’; name, address, or such other identifying in- (1) by inserting ‘‘or to which a rule under (6) by striking ‘‘, satisfactory to the Com- formation as the officer or employee may re- any other law enforced by the Commission mission,’’ and inserting ‘‘, as promptly as quest, to the extent that such information is applies,’’ after ‘‘applies,’’; and practicable under the circumstances, as de- in the possession of the importer, retailer, or (2) by striking ‘‘consumer product safety’’ termined by the Commission, for approval by distributor; and the second, third, and fourth places it ap- the Commission,’’; and ‘‘(2) every manufacturer shall identify by pears. (7) by adding at the end the following: name, address, or such other identifying in- SEC. 208. NOTIFICATION OF NONCOMPLIANCE ‘‘(3)(A) If the Commission approves an ac- formation as the officer or employee may re- WITH ANY COMMISSION-ENFORCED tion plan, it shall indicate its approval in quest— STATUTE. writing. ‘‘(A) each retailer or distributor to which Section 15(b) (15 U.S.C. 2064(b)) is amend- ‘‘(B) If the Commission finds that an ap- the manufacturer directly supplied a given ed— proved action plan is not effective or appro- consumer product (or other product or sub- (1) by redesignating paragraphs (2) and (3) priate under the circumstances, or that the stance over which the Commission has juris- as paragraphs (3) and (4), respectively; manufacturer, retailer, or distributor is not diction under this or any other Act); (2) by inserting after paragraph (1) the fol- executing an approved action plan effec- ‘‘(B) each subcontractor involved in the lowing: tively, the Commission may, by order, production or fabrication or such product or ‘‘(2) fails to comply with any other rule af- amend, or require amendment of, the action substance; and fecting health and safety promulgated by the plan. In determining whether an approved ‘‘(C) each subcontractor from which the Commission under the Federal Hazardous plan is effective or appropriate under the cir- manufacturer obtained a component there- Substances Act, the Flammable Fabrics Act, cumstances, the Commission shall consider of.’’. or the Poison Prevention Packaging Act;’’; whether a repair or replacement changes the (b) COMPLIANCE REQUIRED FOR IMPORTA- and intended functionality of the product. TION.—Section 17 (15 U.S.C. 2066) is amend- (3) by adding at the end the following sen- ‘‘(C) If the Commission determines, after ed— tence: ‘‘A report provided under this para- notice and opportunity for comment, that a (1) in subsection (g), by striking ‘‘may’’ graph (2) may not be used as the basis for manufacturer, retailer, or distributor has and inserting ‘‘shall’’; and criminal prosecution under section 5 of the failed to comply substantially with its obli- (2) in subsection (h)(2), by striking ‘‘may’’ Federal Hazardous Substances Act (15 U.S.C. gations under its action plan, the Commis- and inserting ‘‘shall, consistent with section 1264), except for offenses which require a sion may revoke its approval of the action 6,’’. showing of intent to defraud or mislead.’’. plan.’’. SEC. 213. EXPORT OF RECALLED AND NON-CON- SEC. 209. ENHANCED RECALL AUTHORITY AND (c) CONTENT OF NOTICE.—Section 15 is fur- FORMING PRODUCTS. CORRECTIVE ACTION PLANS. ther amended by adding at the end the fol- (a) ENHANCED RECALL AUTHORITY.—Section lowing: (a) IN GENERAL.—Section 18 (15 U.S.C. 2067) 15 (15 U.S.C. 2064) is amended— ‘‘(i) Not later than 180 days after the date is amended by adding at the end the fol- (1) in subjection (c)— of enactment of this Act, the Commission lowing: (A) by striking ‘‘if the Commission’’ and shall, by rule, establish guidelines setting ‘‘(c) Notwithstanding any other provision inserting ‘‘(1) If the Commission’’; forth a uniform class of information to be in- of this section, the Commission may pro- (B) by inserting ‘‘or if the Commission, cluded in any notice required under an order hibit, by order, a person from exporting from after notifying the manufacturer, determines under subsection (c) or (d) of this section or the United States for purpose of sale any

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.046 S04MRPT1 smartinez on PRODPC61 with SENATE S1540 CONGRESSIONAL RECORD — SENATE March 4, 2008 consumer product, or other product or sub- SEC. 214. PROHIBITION ON SALE OF RECALLED (iii) by inserting ‘‘, and such other factors stance that is regulated under any Act en- PRODUCTS. as appropriate’’ before the period. forced by the Commission, that the Commis- Section 19(a) (as amended by section 210) (B) FEDERAL HAZARDOUS SUBSTANCES ACT.— sion determines, after notice to the manu- (15 U.S.C. 2068(a)) is further amended— Section 5(c)(3) of the Federal Hazardous Sub- facturer— (1) by striking paragraph (1) and inserting stances Act (15 U.S.C. 1264(c)(3)) is amend- ‘‘(1) is not in conformity with an applicable the following: ed— consumer product safety rule under this Act ‘‘(1) sell, offer for sale, manufacture for (i) by inserting ‘‘the nature, cir- or a similar rule under any such other Act; sale, distribute in commerce, or import into cumstances, extent ,and gravity of the viola- ‘‘(2) is subject to an order issued under sec- the United States any consumer product, or tion, including’’ after ‘‘shall consider’’; tion 12 or 15 of this Act or designated as a other product or substance that is regulated (ii) by striking ‘‘substance distributed, banned hazardous substance under the Fed- under any other Act enforced by the Com- and’’ and inserting ‘‘substance distributed,’’; eral Hazardous Substances Act (15 U.S.C. 1261 mission, that is— and et seq.); or ‘‘(A) not in conformity with an applicable (iii) by inserting ‘‘, and such other factors ‘‘(3) is subject to a voluntary corrective ac- consumer product safety standard under this as appropriate’’ before the period. tion taken by the manufacturer, in consulta- Act, or any similar rule under any such (C) FLAMMABLE FABRICS ACT.—Section tion with the Commission, of which action other Act; 5(e)(2) of the Flammable Fabrics Act (15 the Commission has notified the public and ‘‘(B) subject to voluntary corrective action U.S.C. 1194(e)(2)) is amended— that would have been subject to a mandatory taken by the manufacturer, in consultation (i) by striking ‘‘nature and number’’ and corrective action under this or another Act with the Commission, of which action the inserting ‘‘nature, circumstances, extent, enforced by the Commission if voluntary ac- Commission has notified the public; and gravity’’; tion had not been taken by the manufac- ‘‘(C) subject to an order issued under sec- (ii) by striking ‘‘absence of injury, and’’ turer, tion 12 or 15 of this Act; or and inserting ‘‘absence of injury,’’; and unless the importing country has notified ‘‘(D) designated a banned hazardous sub- (iii) by inserting ‘‘, and such other factors the Commission that such country accepts stance under the Federal Hazardous Sub- as appropriate’’ before the period. the importation of such product, provided stances Act (15 U.S.C. 1261 et seq.);’’; (2) REGULATIONS.—Not later than 1 year that if the importing country has not so no- (2) by striking ‘‘or’’ after the semicolon in after the date of enactment of this Act, and tified the Commission within 30 days after paragraph (7); in accordance with the procedures of section the Commission has provided notice to the (3) by striking ‘‘and’’ after the semicolon 553 of title 5, United States Code, the Com- importing country of the impending ship- in paragraph (8); and mission shall issue a final regulation pro- ment, the Commission may take such action (4) by striking ‘‘insulation).’’ in paragraph viding its interpretation of the penalty fac- as is appropriate with respect to the disposi- (9) and inserting ‘‘insulation);’’. tors described in section 20(b) of the Con- tion of the product under the cir- SEC. 215. INCREASED CIVIL PENALTY. sumer Product Safety Act (15 U.S.C. 2069(b)), cumstances.’’. (a) MAXIMUM CIVIL PENALTIES OF THE CON- section 5(c)(3) of the Federal Hazardous Sub- (b) PROHIBITED ACT.—Section 19(a)(10) (15 SUMER PRODUCT SAFETY COMMISSION.— stances Act (15 U.S.C. 1264(c)(3)), and section U.S.C. 2068(a)(10)) is amended by striking the (1) INITIAL INCREASE IN MAXIMUM CIVIL PEN- 5(e)(2) of the Flammable Fabrics Act (15 period at the end and inserting ‘‘ or violate ALTIES.— U.S.C. 1194(e)(2)), as amended by subsection an order of the Commission issued under sec- (A) TEMPORARY INCREASE.—Notwith- (a). tion 18(c); or’’. standing the dollar amounts specified for SEC. 216. CRIMINAL PENALTIES TO INCLUDE (c) CONFORMING AMENDMENTS TO OTHER maximum civil penalties specified in section ASSET FORFEITURE. ACTS.— 20(a)(1) of the Consumer Product Safety Act Section 21 (15 U.S.C. 2070) is amended by (1) FEDERAL HAZARDOUS SUBSTANCES ACT.— (15 U.S.C. 2069(a)(1)), section 5(c)(1) of the adding at the end thereof the following: Section 5(b)(3) of the Federal Hazardous Sub- Federal Hazardous Substances Act, and sec- ‘‘(c)(1) In addition to the penalty provided stances Act (15 U.S.C. 1264(b)(3)) is amended tion 5(e)(1) of the Flammable Fabrics Act (15 by subsection (a), the penalty for a criminal by striking ‘‘substance presents an unreason- U.S.C. 1194(e)(1)), the maximum civil pen- violation of this Act or any other Act en- able risk of injury to persons residing in the alties for any violation specified in such sec- forced by the Commission may include the United States’’ and inserting ‘‘substance is tions shall be $5,000,000, beginning on the forfeiture of assets associated with the viola- prohibited under section 18(c) of the Con- date that is the earlier of the date on which tion. sumer Product Safety Act,’’. final regulations are issued under section ‘‘(2) In this subsection, the term ‘criminal (2) FLAMMABLE FABRICS ACT.—Section 15 of 3(b) or 360 days after the date of enactment violation’ means a violation of this Act of the Flammable Fabrics Act (15 U.S.C. 1202) is of this Act. any other Act enforced by the Commission amended by adding at the end the following: (B) EFFECTIVE DATE.—Paragraph (1) shall for which the violator is sentenced under ‘‘(d) Notwithstanding any other provision cease to be in effect on the date on which the this section, section 5(a) of the Federal haz- of this section, the Consumer Product Safety amendments made by subsection (b)(1) shall ardous Substances Act (15 U.S.C. 2064(a)), or Commission may prohibit, by order, a person take effect. section 7 of the Flammable Fabrics Act (15 from exporting from the United States for (2) PERMANENT INCREASE IN MAXIMUM CIVIL U.S.C. 1196).’’. purpose of sale any fabric, related material, PENALTIES.— SEC. 217. ENFORCEMENT BY STATE ATTORNEYS or product that the Commission determines, (A) AMENDMENTS.— GENERAL. after notice to the manufacturer— (i) CONSUMER PRODUCT SAFETY ACT.—Sec- Section 24 (15 U.S.C. 2073) is amended— ‘‘(1) is not in conformity with an applicable tion 20(a)(1) (15 U.S.C. 2069(a)(1)) is amended (1) in the section heading, by striking ‘‘PRI- consumer product safety rule under the Con- by striking ‘‘$1,250,000’’ both places it ap- VATE’’ and inserting ‘‘ADDITIONAL’’; sumer Product Safety Act or with a rule pears and inserting ‘‘$10,000,000’’. (2) by striking ‘‘Any interested person’’ under this Act; (ii) FEDERAL HAZARDOUS SUBSTANCES ACT.— and inserting ‘‘(a) Any interested person’’; ‘‘(2) is subject to an order issued under sec- Section 5(c)(1) of the Federal Hazardous Sub- and tion 12 or 15 of the Consumer Product Safety stances Act (15 U.S.C. 1264(c)(1)) is amended (3) by striking ‘‘No separate suit’’ and all Act or designated as a banned hazardous sub- by striking ‘‘$1,250,000’’ both places it ap- that follows and inserting the following: stance under the Federal Hazardous Sub- pears and inserting ‘‘$10,000,000’’. ‘‘(b)(1) The attorney general of a State, al- stances Act (15 U.S.C. 1261 et seq.); or (iii) FLAMMABLE FABRICS ACT.—Section leging a violation of section 19(a) that af- ‘‘(3) is subject to a voluntary corrective ac- 5(e)(1) of the Flammable Fabrics Act (15 fects or may affect such State or its resi- tion taken by the manufacturer, in consulta- U.S.C. 1194(e)(1)) is amended by striking dents may bring an action on behalf of the tion with the Commission, of which action ‘‘$1,250,000’’ and inserting ‘‘$10,000,000’’. residents of the State in any United States the Commission has notified the public and (B) EFFECTIVE DATE.—The amendments district court for the district in which the that would have been subject to a mandatory made by paragraph (1) shall take effect on defendant is found or transacts business to corrective action under this or another Act the date that is 1 year after the earlier of— enforce a consumer product safety rule or an enforced by the Commission if voluntary ac- (i) the date on which final regulations are order under section 15, and to obtain appro- tion had not been taken by the manufac- issued pursuant to section 3(b); or priate injunctive relief. turer, (ii) 360 days after the date of enactment of ‘‘(2) Not less than thirty days prior to the unless the importing country has notified this Act. commencement of such action, the attorney the Commission that such country accepts (b) DETERMINATION OF PENALTIES BY THE general shall give notice by registered mail the importation of such product, provided CONSUMER PRODUCT SAFETY COMMISSION.— to the Commission, to the Attorney General, that if the importing country has not so no- (1) FACTORS TO BE CONSIDERED.— and to the person against whom such action tified the Commission within 30 days after (A) CONSUMER PRODUCT SAFETY ACT.—Sec- is directed. Such notice shall state the na- the Commission has provided notice to the tion 20(b) (15 U.S.C. 2069(b)) is amended— ture of the alleged violation of any such importing country of the impending ship- (i) by inserting ‘‘the nature, cir- standard or order, the relief to be requested, ment, the Commission may take such action cumstances, extent, and gravity of the viola- and the court in which the action will be as is appropriate with respect to the disposi- tion, including’’ after ‘‘shall consider’’; brought. The Commission shall have the tion of the product under the cir- (ii) by striking ‘‘products distributed, and’’ right— cumstances.’’. and inserting ‘‘products distributed,’’; and ‘‘(A) to intervene in the action;

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.046 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1541 ‘‘(B) upon so intervening, to be heard on all mission determines that the agency with the Commission and to Congress setting matters arising therein; which such agreement or memorandum of forth the Inspector General’s findings, con- ‘‘(C) and to file petitions for appeal. understanding was entered into has failed to clusions, actions taken in response to em- ‘‘(c) No separate suit shall be brought maintain in confidence any information pro- ployee complaints, and recommendations. under this section if at the time the suit is vided under such agreement or memorandum (c) COMPLAINT PROCEDURE.—Not later than brought the same alleged violation is the of understanding, or has used any such infor- 30 days after the date of enactment of this subject of a pending civil or criminal action mation for purposes other than those set Act the Commission shall establish and by the United States under this Act. In any forth in such agreement or memorandum of maintain on the homepage of the Commis- action under this section the court may in understanding. sion’s Internet website a mechanism by the interest of justice award the costs of ‘‘(3)(A) Except as provided in subparagraph which individuals may anonymously report suit, including reasonable attorneys’ fees (B) of this paragraph, the Commission shall incidents of waste, fraud, or abuse with re- (determined in accordance with section 11(f)) not be required to disclose under section 552 spect to the Commission. and reasonable expert witnesses’ fees.’’. of title 5, United States Code, or any other SEC. 221. REPEAL. SEC. 218. EFFECT OF RULES ON PREEMPTION. provision of law— Section 30 (15 U.S.C. 2079) is amended by In issuing any rule or regulation in accord- ‘‘(i) any material obtained from a foreign striking subsection (d) and redesignating ance with its statutory authority, the Com- government agency, if the foreign govern- subsections (e) and (f) as subsections (d) and mission shall not seek to expand or contract ment agency has requested confidential (e), respectively. the scope, or limit, modify, interpret, or ex- treatment, or has precluded such disclosure SEC. 222. INDUSTRY-SPONSORED TRAVEL BAN. tend the application of sections 25 and 26 of under other use limitations, as a condition of The Consumer Product Safety Act (15 the Consumer Products Safety Act (15 U.S.C. providing the material; U.S.C. 1251 et seq.) is amended by adding at 2074 and 2075, respectively), section 18 of the ‘‘(ii) any material reflecting a consumer the end the following new section: Federal Hazardous Substances Act (15 U.S.C. complaint obtained from any other foreign source, if that foreign source supplying the ‘‘SEC. 38. PROHIBITION ON INDUSTRY-SPON- 1261), section 7 of the Poison Prevention SORED TRAVEL. material has requested confidential treat- Packaging Act (15 U.S.C. 1476), or section 16 ‘‘(a) PROHIBITION.—Notwithstanding sec- ment as a condition of providing the mate- of the Flammable Fabrics Act (15 U.S.C. 1203) tion 1353 of title 31, United States Code, no rial; or with regard to the extent to which each such Commissioner or employee of the Commis- ‘‘(iii) any material reflecting a consumer Act preempts, limits, or otherwise affects sion shall accept travel, subsistence, and re- complaint submitted to a Commission re- any other Federal, State, or local law, or lated expenses with respect to attendance by porting mechanism sponsored in part by for- limits or otherwise affects any cause of ac- a Commissioner or employee at any meeting eign government agencies. tion under State or local law. or similar function relating to official duties ‘‘(B) Nothing in this subsection shall au- SEC. 219. SHARING OF INFORMATION WITH FED- of a Commissioner or an employee, from a thorize the Commission to withhold informa- ERAL, STATE, LOCAL, AND FOREIGN person— tion from the Congress or prevent the Com- GOVERNMENT AGENCIES. ‘‘(1) seeking official action from, doing mission from complying with an order of a Section 29 (15 U.S.C. 2078) is amended by business with, or conducting activities regu- court of the United States in an action com- adding at the end the following: lated by, the Commission; or menced by the United States or the Commis- ‘‘(f)(1) The Commission may make infor- ‘‘(2) whose interests may be substantially mation obtained by the Commission under sion. ‘‘(4) In this subsection, the term ‘foreign affected by the performance or nonperform- this Act available (consistent with the re- ance of the Commissioner’s or employee’s of- quirements of section 6) to any Federal, government agency’ means— ‘‘(A) any agency or judicial authority of a ficial duties. State, local, or foreign government agency ‘‘(b) AUTHORIZATION OF APPROPRIATIONS upon the prior certification of an appropriate foreign government, including a foreign state, a political subdivision of a foreign FOR OFFICIAL TRAVEL.—There are authorized official of any such agency, either by a prior to be appropriated, for each of fiscal years agreement or memorandum of understanding state, or a multinational organization con- stituted by and comprised of foreign states, 2009 through 2011, $1,200,000 to the Commis- with the Commission or by other written sion for certain travel and lodging expenses certification, that such material will be that is vested with law enforcement or inves- tigative authority in civil, criminal, or ad- necessary in furtherance of the official du- maintained in confidence and will be used ties of Commissioners and employees.’’. only for official law enforcement or con- ministrative matters; and SEC. 223. ANNUAL REPORTING REQUIREMENT. sumer protection purposes, if— ‘‘(B) any multinational organization, to Section 27(j) (15 U.S.C. 2076(j)) is amended— ‘‘(A) the agency has set forth a bona fide the extent that it is acting on behalf of an (1) in the matter preceding paragraph (1), legal basis for its authority to maintain the entity described in subparagraph (A). ‘‘(g) Whenever the Commission is notified by striking ‘‘The Commission’’ and inserting material in confidence; of any voluntary recall of any consumer ‘‘Notwithstanding section 3003 of the Federal ‘‘(B) the materials are to be used for pur- product self-initiated by a manufacturer (or Reports Elimination and Sunset Act of 1995 poses of investigating, or engaging in en- a retailer in the case of a retailer selling a (31 U.S.C. 1113 note), the Commission’’; and forcement proceedings related to, possible product under its own label), or issues an (2) by redesignating paragraphs (5) through violations of— order under section 15(c) or (d) with respect (11) as paragraphs (6) through (12), respec- ‘‘(i) laws regulating the manufacture, im- to any product, the Commission shall notify tively and inserting after paragraph (4) the portation, distribution, or sale of defective each State’s health department or other following: or unsafe consumer products, or other prac- agency designated by the State of the recall ‘‘(5) the number and summary of recall or- tices substantially similar to practices pro- or order.’’. ders issued under section 12 or 15 during such hibited by any law administered by the Com- SEC. 220. INSPECTOR GENERAL AUTHORITY AND year and a summary of voluntary actions mission; ACCESSIBILITY. taken by manufacturers of which the Com- ‘‘(ii) a law administered by the Commis- (a) REPORT.—Not later than 60 days after mission has notified the public, and an as- sion, if disclosure of the material would fur- the date of the enactment of this Act, the In- sessment of such orders and actions;’’. ther a Commission investigation or enforce- spector General of the Commission shall SEC. 224. STUDY ON THE EFFECTIVENESS OF AU- ment proceeding; or transmit a report to Congress on the activi- ‘‘(iii) with respect to a foreign law enforce- THORITY RELATING TO IMPORTED ties of the Inspector General, any structural PRODUCTS. ment agency, with the approval of the Attor- barriers which prevent the Inspector General The Commission shall study the effective- ney General, other foreign criminal laws, if from providing robust oversight of the ac- ness of section 17(a) of the Consumer Product such foreign criminal laws are offenses de- tivities of the Commission, and any addi- Safety Act (15 U.S.C. 2066(a)), specifically fined in or covered by a criminal mutual tional authority or resources that would fa- paragraphs (3) and (4) of such section, to de- legal assistance treaty in force between the cilitate more effective oversight. termine a specific strategy to increase the government of the United States and the for- (b) EMPLOYEE COMPLAINTS.— effectiveness of the Commission’s ability to eign law enforcement agency’s government; (1) IN GENERAL.—The Inspector General of stop unsafe products from entering the and the Commission shall conduct a review of— United States. The Commission shall submit ‘‘(C) in the case of a foreign government (A) complaints received by the Inspector a report to Congress not later than 9 months agency, such agency is not from a foreign General from employees of the Commission after enactment of this Act, which shall in- state that the Secretary of State has deter- about violations of rules, regulations, or the clude recommendations regarding additional mined, in accordance with section 6(j) of the provisions of any Act enforced by the Com- authority the Commission needs to imple- Export Administration Act of 1979 (50 U.S.C. mission; and ment such strategy, including any necessary App. 2405(j)), has repeatedly provided support (B) the process by which corrective action legislation. for acts of international terrorism, unless plans are negotiated with such employees by and until such determination is rescinded the Commission, including an assessment of Mr. DEMINT submitted an pursuant to section 6(j)(4) of that Act (50 the length of time for these negotiations and SA 4096. U.S.C. App. 2405(j)(4)). the effectiveness of the plans. amendment to the bill S. 2663, to re- ‘‘(2) The Commission may abrogate any (2) REPORT.—Not later than 1 year after form the Consumer Product Safety agreement or memorandum of understanding the date of enactment of this Act, the In- Commission to provide greater protec- entered into under paragraph (1) if the Com- spector General shall transmit a report to tion for children’s products, to improve

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.047 S04MRPT1 smartinez on PRODPC61 with SENATE S1542 CONGRESSIONAL RECORD — SENATE March 4, 2008 the screening of noncompliant con- SA 4099. Mr. DORGAN submitted an shall conduct reviews and audits of imple- sumer products, to improve the effec- amendment intended to be proposed by mentation of the Consumer Product Safety tiveness of consumer product recall him to the bill S. 2663, to reform the Act by the Commission, including— programs, and for other purposes; as Consumer Product Safety Commission (A) an assessment of the ability of the follows: Commission to enforce subsections (a)(2) and to provide greater protection for chil- (d) of section 14 of the Act (15 U.S.C. 2063), as Beginning on page 58, strike line 11 and all dren’s products, to improve the screen- amended by section 10 of this Act, including that follows through page 66, line 9. ing of noncompliant consumer prod- the ability of the Commission to enforce the ucts, to improve the effectiveness of prohibition on imports of children’s products SA 4097. Mr. VITTER submitted an consumer product recall programs, and without third party testing certification amendment intended to be proposed by for other purposes; which was ordered under section 17(a)(6) of the Act (15 U.S.C. him to the bill S. 2663, to reform the to lie on the table; as follows: 2066)(a)(6), as added by section 10 of this Act; Consumer Product Safety Commission (B) an assessment of the ability of the At the end of the bill, add the following: to provide greater protection for chil- Commission to enforce section 14(a)(6) of the dren’s products, to improve the screen- TITLE II—STRATEGIC PETROLEUM RE- Act (15 U.S.C. 2063(a)(6)), as added by section SERVE FILL SUSPENSION AND CON- 11 of this Act, and section 16(c) of the Act, as ing of noncompliant consumer prod- SUMER PROTECTION ucts, to improve the effectiveness of added by section 14 of this Act; and(C) an SEC. 201. SUSPENSION OF PETROLEUM ACQUISI- audit of the Commission’s capital improve- consumer product recall programs, and TION FOR STRATEGIC PETROLEUM ment efforts, including construction of a new for other purposes; which was ordered RESERVE. testing facility. to lie on the table; as follows: (a) IN GENERAL.—Except as provided in (2) ANNUAL REPORT.—The Inspector General On page 58, strike lines 4 through 7 and in- subsection (b) and notwithstanding any shall submit an annual report, setting forth serting the following: other provision of law, during calendar year the Inspector General’s findings, conclu- ‘‘(g) ATTORNEY FEES.—The prevailing party 2008, the Secretary of Energy shall suspend sions, and recommendations from the re- in a civil action under subsection (a) may re- acquisition of petroleum for the Strategic views and audits under paragraph (1), for cover reasonable costs and attorney fees.’’. Petroleum Reserve through the royalty-in- each of fiscal years 2009 through 2015 to the kind program or any other acquisition meth- Commission, the Senate Committee on Com- SA 4098. Mr. DORGAN submitted an od. merce, Science, and Transportation, and the amendment intended to be proposed by (b) RESUMPTION.—The Secretary may re- House of Representatives Committee on En- him to the bill S. 2663, to reform the sume acquisition of petroleum for the Stra- ergy and Commerce. Consumer Product Safety Commission tegic Petroleum Reserve through the roy- (b) EMPLOYEE COMPLAINTS.— to provide greater protection for chil- alty-in-kind program or any other acquisi- tion method under subsection (a) not earlier (1) IN GENERAL.—Within 1 year after the dren’s products, to improve the screen- date of enactment of this Act, the Inspector ing of noncompliant consumer prod- than 30 days after the date on which the Sec- retary notifies Congress that the Secretary General shall conduct a review of— ucts, to improve the effectiveness of has determined that the weighted average (A) complaints received by the Inspector consumer product recall programs, and price of petroleum in the United States for General from employees of the Commission for other purposes; which was ordered the most recent 90-day period is $75 or less about failures of other employees to properly to lie on the table; as follows: per barrel. enforce the rules or regulations of the Con- On page 103, after line 12, add the fol- sumer Product Safety Act or any other Act lowing: SA 4100. Mr. DORGAN submitted an enforced by the Commission, including the negotiation of corrective action plans in the SEC. 40. BAN ON IMPORTATION OF TOYS MADE amendment intended to be proposed by BY CERTAIN MANUFACTURERS. him to the bill S. 2663, to reform the recall process; and (B) the process by which corrective action Section 17 (15 U.S.C. 2066) is amended— Consumer Product Safety Commission (1) in subsection (a), as amended by section plans are negotiated by the Commission, in- 10(f) of this Act— to provide greater protection for chil- cluding an assessment of the length of time (A) in paragraph (5), by striking ‘‘; or’’ and dren’s products, to improve the screen- for these negotiations and the effectiveness inserting a semicolon; ing of noncompliant consumer prod- of the plans. (B) in paragraph (6), by striking the period ucts, to improve the effectiveness of (2) REPORT.—The Inspector General shall at the end and inserting ‘‘; or’’; and consumer product recall programs, and submit a report, setting forth the Inspector (C) by adding at the end the following: for other purposes; which was ordered General’s findings, conclusions, and rec- ‘‘(7) is a toy classified under heading 9503, to lie on the table; as follows: ommendations, to the Commission, the Sen- 9504, or 9505 of the Harmonized Tariff Sched- ate Committee on Commerce, Science, and On page 26, beginning in line 8, strike ‘‘ex- ule of the United States that is manufac- Transportation, and the House of Represent- cept as provided in subparagraph (C),’’. tured by a company that the Commission atives Committee on Energy and Commerce. On page 26, beginning with line 21, strike has determined— through line 15 on page 27. (c) LEAKS.— ‘‘(A) has shown a persistent pattern of On page 27, line 16, strike ‘‘(D)’’ and insert (1) IN GENERAL.—Within 1 year after the manufacturing such toys with defects that ‘‘(C)’’. date of enactment of this Act, the Inspector constitute substantial product hazards (as On page 27, beginning in line 21, strike General shall— defined in section 15(a)(2)); or ‘‘desdribed in subparagraph (C) of this para- (A) conduct a review of whether, and to ‘‘(B) has manufactured such toys that graph, or’’. what extent, there have been unauthorized present a risk of injury to the public of such On page 27, line 24, strike the comma. and unlawful disclosures of information by a magnitude that the Commission has deter- On page 29, line 4, strike ‘‘(E)’’ and insert Members, officers, or employees of the Com- mined that a permanent ban on all imports ‘‘(D)’’. mission to persons regulated by the Commis- of such toys manufactured by such company On page 29, beginning in line 8, strike ‘‘(in- sion that are not authorized to receive such is equitably justified.’’; and cluding a laboratory certified as a third information; and (2) by adding at the end the following: party laboratory under subparagraph (B) of (B) to the extent that such unauthorized ‘‘(i) Whenever the Commission makes a de- this paragraph)’’. and unlawful disclosures have occurred, de- termination described in subsection (a)(7) termine— with respect to a manufacturer, the Commis- SA 4101. Mrs. MCCASKILL submitted (i) what class or kind of information was sion shall submit to the Secretary of Home- an amendment intended to be proposed most frequently involved in such disclosures; land Security information that appro- by her to the bill S. 2663, to reform the and priately identifies the manufacturer. (ii) how frequently such disclosures have ‘‘(j) Not later than March 31 of each year, Consumer Product Safety Commission occurred. the Commission shall submit to Congress an to provide greater protection for chil- (2) REPORT.—The Inspector General shall annual report identifying, for the 12-month dren’s products, to improve the screen- submit a report, setting forth the Inspector period preceding the report— ing of noncompliant consumer prod- General’s findings, conclusions, and rec- ‘‘(1) toys classified under heading 9503, 9504, ucts, to improve the effectiveness of ommendations, to the Commission, the Sen- or 9505 of the Harmonized Tariff Schedule of consumer product recall programs, and ate Committee on Commerce, Science, and the United States that— Transportation, and the House of Represent- ‘‘(A) were offered for importation into the for other purposes; as follows: atives Committee on Energy and Commerce. customs territory of the United States; and On page 72, beginning with line 6, strike ‘‘(B) the Commission found to be in viola- through line 8 on page 75 and insert the fol- tion of a consumer product safety standard; lowing: SA 4102. Mrs. MCCASKILL submitted and SEC. 26. INSPECTOR GENERAL REPORTS. an amendment intended to be proposed ‘‘(2) the manufacturers, by name and coun- (a) IMPLEMENTATION BY THE COMMISSION.— try, that were the subject of a determination (1) IN GENERAL.—The Inspector General of by her to the bill S. 2663, to reform the described in subsection (a)(7)(A) and (B).’’. the Consumer Product Safety Commission Consumer Product Safety Commission

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.048 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1543 to provide greater protection for chil- the Consumer Product Safety Commission (d) DEFINITIONS.—In this section: dren’s products, to improve the screen- shall— (1) CHILDREN’S PRODUCT.—The term ‘‘chil- ing of noncompliant consumer prod- (A) develop standards for training product dren’s product’’ means a toy or any other ucts, to improve the effectiveness of safety inspectors and technical staff em- product designed or intended by the manu- ployed by the Commission; and facturer for use by a child when the child consumer product recall programs, and (B) submit to Congress a report on such plays. for other purposes; which was ordered standards. (2) CHILD CARE ARTICLE.—The term ‘‘child to lie on the table; as follows: (2) CONSULTATIONS.—The Commission shall care article’’ means all products designed or At the appropriate place, insert the fol- develop the training standards required intended by the manufacturer to facilitate lowing: under paragraph (1) in consultation with a sleep, relaxation, or the feeding of children, SEC. l01. GET IN LINE ACT. broad range of organizations with expertise or to help children with sucking or teething. (a) SHORT TITLE.—This section may be in consumer product safety issues. (3) CHILDREN’S PRODUCT OR CHILD CARE AR- cited as the ‘‘Get in Line Act’’. TICLE THAT CONTAINS A SPECIFIED PHTHAL- (b) PROHIBITION ON THE PAYMENT OF INDI- SA 4104. Mrs. FEINSTEIN (for her- ATE.—The term ‘‘children’s product or child VIDUALS TO RESERVE A PLACE IN LINE FOR A self, Mr. BINGAMAN, Mr. MENENDEZ, and care article that contains a specified phthal- LOBBYIST FOR A SEAT AT A CONGRESSIONAL Mrs. BOXER) proposed an amendment to ate’’ means— COMMITTEE OR FEDERAL ENTITY HEARING OR the bill S. 2663, to reform the Consumer (A) a children’s product or a child care ar- BUSINESS MEETING.— Product Safety Commission to provide ticle any part of which contains any com- (1) PROHIBITION.—The Lobbying Disclosure greater protection for children’s prod- bination of di-(2-ethylhexyl) phthalate Act of 1995 (2 U.S.C. 1601 et seq.) is amended (DEHP), dibutyl phthalate (DBP), or benzyl by adding at the end the following: ucts, to improve the screening of non- butyl phthalate (BBP) in concentrations ex- compliant consumer products, to im- ‘‘SEC. 27. PROHIBITION ON THE PAYMENT OF IN- ceeding 0.1 percent; and DIVIDUALS TO RESERVE A PLACE IN prove the effectiveness of consumer (B) a children’s product or a child care ar- LINE FOR A LOBBYIST FOR A SEAT product recall programs, and for other ticle intended for use by a child that— AT A CONGRESSIONAL COMMITTEE purposes; as follows: (i) can be placed in a child’s mouth; and OR FEDERAL ENTITY HEARING OR (ii)(I) contains any combination of BUSINESS MEETING. On page 103, after line 12, add the fol- diisononyl phthalate (DINP), diisodecyl ‘‘(a) PROHIBITION.—Any person described in lowing: phthalate (DIDP), or di-n-octyl phthalate subsection (b) shall not make a payment to SEC. 40. BAN ON CERTAIN PRODUCTS CON- (DnOP), in concentrations exceeding 0.1 per- an individual to reserve a place in line for a TAINING SPECIFIED PHTHALATES. cent; or seat for that person at a congressional com- (a) BANNED HAZARDOUS SUBSTANCE.—Effec- tive January 1, 2009, any children’s product (II) contains any combination of di-(2- mittee or Federal entity hearing or business or child care article that contains a specified ethylhexyl) phthalate (DEHP), dibutyl meeting. phthalate shall be treated as a banned haz- phthalate (DBP), benzyl butyl phthalate ‘‘(b) PERSONS SUBJECT TO PROHIBITION.— The persons subject to the prohibition under ardous substance under the Federal Haz- (BBP), diisononyl phthalate (DINP), ardous Substances Act (15 U.S.C. 1261 et seq.) subsection (a) are any lobbyist that is reg- diisodecyl phthalate (DIDP), or di-n-octyl and the prohibitions contained in section 4 of istered or is required to register under sec- phthalate (DnOP), in concentrations exceed- such Act shall apply to such product or arti- tion 4(a)(1), any organization that retains or ing 0.1 percent. cle. employs 1 or more lobbyists and is registered (b) PROHIBITION ON USE OF CERTAIN ALTER- SA 4105. Ms. KLOBUCHAR (for her- or is required to register under section NATIVES TO SPECIFIED PHTHALATES IN CHIL- self and Mr. MENENDEZ) submitted an 4(a)(2), and any employee listed or required DREN’S PRODUCTS AND CHILD CARE ARTI- to be listed as a lobbyist by a registrant amendment intended to be proposed by CLES.— her to the bill S. 2663, to reform the under section 4(b)(6) or 5(b)(2)(C).’’. (1) IN GENERAL.—If a manufacturer modi- (2) CERTIFICATION.—Section 5(d)(1)(G) of fies a children’s product or child care article Consumer Product Safety Commission the Lobbying Disclosure Act of 1995 (2 U.S.C. that contains a specified phthalate to com- to provide greater protection for chil- 1604(d)(1)(G)) is amended— ply with the ban under subsection (a), such dren’s products, to improve the screen- (A) in clause (i), by striking ‘‘and’’ after manufacturer shall not use any of the pro- ing of noncompliant consumer prod- the semicolon; hibited alternatives to specified phthalates ucts, to improve the effectiveness of (B) in clause (ii), by striking the period and described in paragraph (2). consumer product recall programs, and inserting ‘‘; and’’; and (2) PROHIBITED ALTERNATIVES TO SPECIFIED for other purposes; which was ordered (C) by inserting at the end the following: PHTHALATES.—The prohibited alternatives to ‘‘(iii) has read and is familiar with section to lie on the table; as follows: specified phthalates described in this para- On page 3, beginning with line 16, strike 27, relating to paying individuals to reserve graph are the following: seats at congressional committee or Federal through line 3 on page 4, and insert the fol- (A) Carcinogens rated by the Environ- lowing: entity hearings or business meetings, and mental Protection Agency as Group A, has not violated that section.’’. ‘‘(a)(1) There are authorized to be appro- Group B, or Group C carcinogens. priated to the Commission for the purpose of (3) EFFECTIVE DATE.—The amendment (B) Substances described in the List of carrying out the provisions of this Act and made by this subsection shall take effect on Chemicals Evaluated for Carcinogenic Po- any other provision of law the Commission is the date of the enactment of this Act. tential of the Environmental Protection authorized or directed to carry out— (c) COMMITTEE HEARING AVAILABILITY.—A Agency as follows: committee of the Senate that is unable to ‘‘(A) $88,500,000 for fiscal year 2009; (i) Known to be human carcinogens. ‘‘(B) $96,800,000 for fiscal year 2010; accommodate all persons wishing to sit in (ii) Likely to be human carcinogens. the hearing room for a committee hearing or ‘‘(C) $106,480,000 for fiscal year 2011; (iii) Suggestive of being human carcino- ‘‘(D) $117,128,000 for fiscal year 2012; business meeting shall— gens. (1) make all reasonable accommodations ‘‘(E) $128,841,000 for fiscal year 2013; (C) Reproductive toxicants identified by ‘‘(F) $141,725,000 for fiscal year 2014; and for such overflow, including opening up an the Environmental Protection Agency that overflow room with a video monitor showing ‘‘(G) $155,900,000 for fiscal year 2015. cause any of the following: ‘‘(2) From amounts appropriated pursuant the hearing or meeting if possible; and (i) Birth defects. to paragraph (1), there shall shall be made (2) stream the hearing or meeting on the (ii) Reproductive harm. available, for each of fiscal years 2009 committee website to the extent practicable (iii) Developmental harm. through 2015, $1,200,000 for travel, subsist- (c) PREEMPTION.—Nothing in this section Mr. CARDIN submitted an ence, and related expenses incurred in fur- SA 4103. or section 18(b)(1)(B) of the Federal Haz- therance of the official duties of Commis- amendment intended to be proposed by ardous Substances Act (15 U.S.C. 1261 note) sioners and employees with respect to at- him to the bill S. 2663, to reform the shall preclude or deny any right of any State tendance at meetings or similar functions, Consumer Product Safety Commission or political subdivision thereof to adopt or which shall be used by the Commission for to provide greater protection for chil- enforce any provision of State or local law such purposes in lieu of acceptance of pay- dren’s products, to improve the screen- that— ment or reimbursement for such expenses ing of noncompliant consumer prod- (1) applies to a phthalate that is not de- from any person— scribed in subsection (d)(3); ucts, to improve the effectiveness of ‘‘(A) seeking official action from, doing (2) applies to a phthalate described in sub- business with, or conducting activities regu- consumer product recall programs, and section (d)(3) that is not otherwise regulated lated by, the Commission; or for other purposes; which was ordered under this section; ‘‘(B) whose interests may be substantially to lie on the table; as follows: (3) with respect to any phthalate, requires affected by the performance or nonperform- On page 5, between lines 21 and 22, insert the provision of a warning of risk, illness, or ance of the Commissioner’s or employee’s of- the following: injury; or ficial duties. (c) TRAINING STANDARDS.— (4) prohibits the use of alternatives to (1) IN GENERAL.—Not later than 180 days phthalates that are not described in sub- SA 4106. Mrs. FEINSTEIN submitted after the date of the enactment of this Act, section (b)(2). an amendment intended to be proposed

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.051 S04MRPT1 smartinez on PRODPC61 with SENATE S1544 CONGRESSIONAL RECORD — SENATE March 4, 2008 by her to the bill S. 2663, to reform the (E) American Society for Testing and Ma- (5) the Commission has not convened a Consumer Product Safety Commission terials F966-00 Consumer Safety Specifica- CHAP to assess other phthalates or other to provide greater protection for chil- tion for Full-Size and Non-Full Size Baby plasticizers that are used in children’s prod- dren’s products, to improve the screen- Crib Corner Post Extensions. ucts and child care articles. (F) Part 1303 of title 16, Code of Federal (b) SAFETY STUDY OF CHILDREN’S PRODUCTS ing of noncompliant consumer prod- Regulations (relating to banning lead-con- CONTAINING PHTHLALATES OR OTHER PLASTI- ucts, to improve the effectiveness of taining paint). CIZERS.— consumer product recall programs, and (G) Any amendments to the regulations or (1) IN GENERAL.—The Commission shall ex- for other purposes; which was ordered standards described in subparagraphs (A) amine and assess the risks to human health to lie on the table; as follows: through (F) or any other regulations or presented by exposure to toys or any other On page 103, after line 12, insert the fol- standards that are adopted in order to amend products designed or intended for use by lowing: or supplement the regulations or standards children under 6 years of age that contain SEC. 40. INFANT CRIB SAFETY. described in such subparagraphs. phthalates or other plasticizers used to soft- en vinyl products. (a) DEFINITIONS.—In this section: (4) DESIGNATION AS HAZARDOUS PRODUCT.—A (2) ADVISORY PANEL ON PHTHALATES.—Pur- (1) COMMERCIAL USER.— full-size or non-full-size crib that is not in (A) The term ‘‘commercial user’’ means— compliance with the requirements of this suant to section 28 of the Consumer Product (i) any person that manufactures, sells, or section shall be considered to be a banned Safety Act (15 U.S.C. 2077), the Commission contracts to sell full-size cribs or non-full- hazardous product under section 8 of the shall appoint a CHAP to critically assess the size cribs; or Consumer Product Safety Act (15 U.S.C. risks to human health presented by exposure (ii) any person that— 2057). The Consumer Product Safety Commis- to toys or any other products designed or in- (I) deals in full-size or non-full-size cribs sion shall have the power to enforce the pro- tended for use by children under six years of that are not new or that otherwise, based on visions of this section in the same manner age that contain phthalates or other plasti- the person’s occupation, holds oneself out as that the Commission enforces rules declar- cizers used to soften vinyl products. having knowledge or skill peculiar to full- ing products to be banned hazardous prod- (3) DISCRETION TO SUPPLEMENT PRIOR size cribs or non-full-size cribs, including ucts. STUDY.—The Commission may update its child care facilities and family child care (5) EXCEPTION.—The requirements of this prior assessment of DINP to the extent de- homes; or section shall not apply to a full-size crib or termined necessary by the Commission. (II) is in the business of contracting to sell non-full-size crib that is not intended for use (4) REPORT.—Not later than 18 months or resell, lease, sublet, or otherwise placing by an infant, including a toy or display item, after the date of the enactment of this Act, in the stream of commerce full-size cribs or if at the time it is manufactured, made sub- the Chairman of the Commission shall sub- non-full-size cribs that are not new. ject to a contract to sell or resell, leased, mit a report to the Committee on Com- (B) The term ‘‘commercial user’’ does not sublet, or otherwise placed in the stream of merce, Science, and Transportation of the mean an individual who sells a used crib in commerce, it is accompanied by a notice to Senate and the Committee on Energy and a one-time private sale. be furnished by each commercial user declar- Commerce of the House of Representatives that summarizes the relevant scientific evi- (2) CRIB.—The term ‘‘crib’’ means a full- ing that the crib is not intended to be used size crib or non-full-size crib. for an infant and is dangerous to use for an dence pertaining to any significant health risks presented by exposure to toys or any (3) FULL-SIZE CRIB.—The term ‘‘full-size infant. crib’’ means a full-size baby crib as defined (c) EFFECTIVE DATE.—This section shall other products designed or intended for use in section 1508.1 of title 16, Code of Federal take effect on the day that is 90 days after by children under 6 years of age that contain Regulations. the date of the enactment of this Act. phthalates or other plasticizers used to soft- en vinyl products. (4) INFANT.—The term ‘‘infant’’ means any Ms. LANDRIEU submitted (c) RULEMAKING.— person less than 35 inches tall or less than 2 SA 4107. (1) INTERIM REGULATION ON CHILDREN’S years of age. an amendment intended to be proposed PRODUCTS CONTAINING DINP.—Notwith- (5) NON-FULL-SIZE CRIB.—The term ‘‘non- to amendment SA 4104 proposed by standing the requirements under section 9 of full-size crib’’ means a non-full-size baby Mrs. FEINSTEIN (for herself, Mr. BINGA- the Consumer Product Safety Act (15 U.S.C. crib as defined in section 1509.2(b) of title 16, MAN, Mr. MENENDEZ, and Mrs. BOXER) Code of Federal Regulations (including a to the bill S. 2663, to reform the Con- 2058), not later than 3 months after the date of the enactment of this Act, the Commis- portable crib and a crib-pen described in sumer Product Safety Commission to paragraph (2) of subsection (b) of that sec- sion shall promulgate a rule that— provide greater protection for chil- (A) sets limits on the DINP content of toys tion). dren’s products, to improve the screen- (b) REQUIREMENTS FOR CRIBS.— or any other products designed or intended (1) MANUFACTURE AND SALE OF CRIBS.—It ing of noncompliant consumer prod- for use by children under 6 years of age that shall be unlawful for any commercial user— ucts, to improve the effectiveness of are consistent with the findings of the CHAP (A) to manufacture, sell, or contract to consumer product recall programs, and on DINP; and sell, any full-size crib or non-full-size crib for other purposes; which was ordered (B) shall take effect 1 year after the date that is unsafe for any infant using it; or to lie on the table; as follows: on which it is promulgated. (2) FINAL RULE ON SAFETY OF CHILDREN’S (B) to sell, contract to sell or resell, lease, In lieu of the matter proposed to be in- sublet, or otherwise place in the stream of serted, insert the following: PRODUCTS CONTAINING PHTHALATES OR OTHER PLASTICIZERS.— commerce, any full-size or non-full-size crib SEC. ll. SAFETY OF CHILDREN’S PRODUCTS that is not new and that is unsafe for any in- CONTAINING PHTHALATES. (A) IN GENERAL.—Not later than 24 months fant using the crib. (a) FINDINGS.—Congress finds that— after the date of the enactment of this Act, (2) PROVISION OF CRIBS BY LODGING FACILI- (1) phthalates are a class of chemicals used the Commission, subject to the requirements TIES.—It shall be unlawful for any hotel, in certain plastics to improve flexibility and of section 9(f)(3) of the Consumer Product motel, or similar transient lodging facility are used in many products intended for use Safety Act (15 U.S.C. 2058(f)(3)), shall promul- to offer or provide for use or otherwise place by young children, including toys and soft gate a final rule to regulate products or cat- in the stream of commerce, on or after the plastic books; egories of products identified in the study effective date of this section, any full-size (2) concerns have been expressed that the described in subsection (b), as reasonably crib or non-full-size crib that is unsafe for use of phthalates in certain vinyl children’s necessary to eliminate or reduce an unrea- any infant using it. products and child care articles may have sonable risk of injury associated with such (3) ADHERENCE TO CRIB SAFETY STAND- potential health risks for children; products. ARDS.—A full-size crib, non-full-size crib, (3) pursuant to section 28 of the Consumer (B) ESTABLISHMENT OF LIMITS.—The final portable crib, playpen, or play yard, shall be Product Safety Act (15 U.S.C. 2077), the Con- rule promulgated under this paragraph shall presumed to be unsafe under this section if it sumer Products Safety Commission (referred establish limits for— does not conform to the standards applicable to in this section as the ‘‘Commission’’) has (i) the content of phthalates and other to the product as listed below: the authority to convene a Chronic Hazard plasticizers in products or categories of prod- (A) Part 1508 of title 16, Code of Federal Advisory Panel (referred to in this section as ucts identified in the study described in sub- Regulations (relating to requirements for a ‘‘CHAP’’), which shall be expert and inde- section (b) that are consistent with the find- full-size baby cribs). pendent, to critically assess hazards and ings of the CHAP appointed pursuant to sub- (B) Part 1509 of title 16, Code of Federal risks to human health; section (b)(2); and Regulations (relating to requirements for (4) the Commission has previously con- (ii) the DINP content of toys or any other non-full-size baby cribs). vened a CHAP to study diisononyl phthalate products designed or intended for use by (C) American Society for Testing Materials (referred to in this section as ‘‘DINP’’), the children under 6 years of age that are con- F406-07 Standard Consumer Safety Specifica- phthalate plasticizer most commonly used in sistent with the findings of the CHAP on tion for Non-Full Size Baby Cribs/Play soft plastic toys. The CHAP found that expo- DINP and any updated assessment of DINP Yards. sure to DINP from toys posed little or no conducted pursuant to subsection (b)(3). (D) American Society for Testing Mate- risk of injury to children, and the Commis- (C) EFFECTIVE DATE.—Notwithstanding the rials F1169 Standard Specification for Full- sion concurred, finding no demonstrated requirements of section 9(g)(1) of the Con- Size Baby Crib. health risk; and sumer Product Safety Act (15 U.S.C.

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.054 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1545 2058(g)(1)), the final rule promulgated under fic System, and the U.S. vessel pilot tary space programs in review of the this paragraph shall take effect 1 year after system. defense authorization request for fiscal the date on which it is promulgated. The PRESIDING OFFICER. Without year 2009 and the future years defense f objection, it is so ordered. program. The PRESIDING OFFICER. Without NOTICES OF HEARINGS COMMITTEE ON ENERGY AND NATURAL RESOURCES objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS Mr. PRYOR. Mr. President, I ask AD HOC SUBCOMMITTEE ON DISASTER RECOVERY Mr. DORGAN. Mr. President, I would unanimous consent that the Com- AND THE AD HOC SUBCOMMITTEE ON STATE, like to announce that the Committee mittee on Energy and Natural Re- LOCAL, AND PRIVATE SECTOR PREPAREDNESS on Indian Affairs will meet on Thurs- sources be authorized to meet during AND INTEGRATION day, March 6, at 10 a.m. in room 628 of the session of the Senate in order to Mr. PRYOR. Mr. President, I ask the Dirksen Senate Office Building in conduct a hearing on Tuesday, March unanimous consent that the Ad Hoc order to conduct an oversight hearing 4, 2008, at 10:00 a.m., in room SD 366 of Subcommittee on Disaster Recovery on the state of facilities in Indian the Dirksen Senate Office Building. At and the Ad Hoc Subcommittee on Country—jails, schools, and health fa- this hearing, the Committee will hear State, Local, and Private Sector Pre- cilities. testimony regarding Energy Informa- paredness and Integration of the Com- Those wishing additional information tion Administration’s revised Annual mittee on Homeland Security and Gov- may contact the Indian Affairs Com- Energy Outlook. ernmental Affairs be authorized to mittee at 224–2251. The PRESIDING OFFICER. Without meet during the session of the Senate on Tuesday, March 4, 2007, at 10 a.m. in COMMITTEE ON RULES AND ADMINISTRATION objection, it is so ordered. order to conduct a joint hearing enti- Mrs. FEINSTEIN. Mr. President, I COMMITTEE ON FOREIGN RELATIONS tled, ‘‘Is Housing Too Much To Hope wish to announce that the Committee Mr. PRYOR. Mr. President, I ask For?: FEMA’s Disaster Housing Strat- on Rules and Administration will meet unanimous consent that the Com- egy.’’ on Wednesday, March 12, 2008, at 10 mittee on Foreign Relations be author- The PRESIDING OFFICER. Without a.m. to hear testimony on ‘‘Is the Myth ized to meet during the session of the objection, it is so ordered. of In-Person Voter Fraud Leading to Senate on Tuesday, March 4, 2008, at Voter Disenfranchisement?’’ 9:30 a.m. in SD–410, in order to conduct f For further information regarding a hearing on Kosovo. PRIVILEGES OF THE FLOOR this hearing, please contact Howard The PRESIDING OFFICER. Without Mr. NELSON of Florida. Mr. Presi- Gantman at the Rules and Administra- objection, it is so ordered. dent, I ask unanimous consent that tion Committee, 224–6352. COMMITTEE ON HOMELAND SECURITY AND Christopher Day and Bill Couch, mem- f GOVERNMENTAL AFFAIRS bers of my staff, be granted floor privi- Mr. PRYOR. Mr. President, I ask leges during the consideration of S. AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- 2663, the CPSC Reform Act. MEET mittee on Homeland Security and Gov- f COMMITTEE ON ARMED SERVICES ernmental Affairs be authorized to PERMISSION TO VOTE BY PROXY Mr. PRYOR. Mr. President, I ask meet during the session of the Senate unanimous consent that the Com- on Tuesday, March 4, 2008, at 2:30 p.m. Mr. PRYOR. Mr. President, I ask mittee on Armed Services be author- in order to conduct a closed hearing en- unanimous consent, notwithstanding ized to meet during the session of the titled ‘‘NSPD–54/HSPD–23 and the Com- rule XXVI, paragraph 7, of the Stand- Senate on Tuesday, March 4, 2008, at prehensive National Cyber Security ing Rules of the Senate and rule III of 9:30 a.m., in open and closed session in Initiative.’’ the Senate Budget Committee rules, order to receive testimony on the The PRESIDING OFFICER. Without that any member of the committee be United States Central Command and objection, it is so ordered. permitted to vote by proxy, with the Special Operations Command in review COMMITTEE ON VETERANS’ AFFAIRS concurrence of the chair and ranking of the Defense authorization request Mr. PRYOR. Mr. President, I ask member of the committee, at the meet- for fiscal year 2009 and the Future unanimous consent for the Committee ing of the Senate Budget Committee on Years Defense Program. on Veterans’ Affairs to be authorized March 6, 2008, and that any vote cast The PRESIDING OFFICER. Without to meet during the session of the Sen- on behalf of that member by proxy in objection, it is so ordered. ate on Tuesday, March 4, in order to the Budget Committee on that date be treated by the committee as if that COMMITTEE ON BANKING, HOUSING, AND URBAN conduct a joint hearing with the House AFFAIRS Veterans’ Affairs Committee to hear member were physically present but Mr. PRYOR. Mr. President, I ask the legislative presentation from the the proxy not count for the purposes of unanimous consent that the Com- Veterans of Foreign Wars of the U.S. establishing a quorum present; and mittee on Banking, Housing, and The Committee will meet in room 216 that if the Budget Committee orders Urban Affairs be authorized to meet of the Hart Senate Office Building, at reported a concurrent resolution on the during the session of the Senate on 9:30 a.m. budget for fiscal year 2009 on that date, March 4, 2008, at 10 a.m., in order to The PRESIDING OFFICER. Without such measure be deemed to have been conduct a hearing entitled ‘‘The State objection, it is so ordered. ordered reported in compliance with of the Banking Industry.’’ SELECT COMMITTEE ON INTELLIGENCE rule XXVI, paragraph 7, of the Stand- The PRESIDING OFFICER. Without Mr. PRYOR. Mr. President, I ask ing Rules of the Senate and the rules of objection, it is so ordered. unanimous consent that the Select the Senate Budget Committee. The PRESIDING OFFICER. Is there Committee on Intelligence be author- COMMITTEE ON COMMERCE, SCIENCE, AND objection? ized to meet during the session of the TRANSPORTATION Without objection, it is so ordered. Mr. PRYOR. Mr. President, I ask Senate on March 4, 2008, at 2:30 p.m. in f unanimous consent that the Com- order to hold a closed hearing. mittee on Commerce, Science, and The PRESIDING OFFICER. Without HONORING THE LIFE OF MYRON Transportation be authorized to meet objection, it is so ordered. COPE during the session of the Senate on SUBCOMMITTEE ON STRATEGIC FORCES Mr. PRYOR. Mr. President, I ask Tuesday, March 4, 2008, at 2:30 p.m., in Mr. PRYOR. Mr. President, I ask unanimous consent that the Judiciary room 253 of the Russell Senate Office unanimous consent that the Sub- Committee be discharged from further Building, in order to conduct a hearing. committee on Strategic Forces of the consideration of S. Res. 467 and the The purpose of this hearing is to Committee on Armed Services be au- Senate proceed to its immediate con- evaluate operational incidents associ- thorized to meet during the session of sideration. ated with oil spills. The Subcommittee the Senate on Tuesday, March 4, 2008, The PRESIDING OFFICER. Without will examine non-tank vessel fuel tank at 2:30 p.m., in open and closed session objection, it is so ordered. The clerk design, the Coast Guard’s Vessel Traf- in order to receive testimony on mili- will report the resolution by title.

VerDate Aug 31 2005 02:46 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A04MR6.057 S04MRPT1 smartinez on PRODPC61 with SENATE S1546 CONGRESSIONAL RECORD — SENATE March 4, 2008 The assistant legislative clerk read (1) recognizes Myron Cope as a familiar (3) respectfully requests the Secretary of as follows: voice to every Pittsburgher and football fan the Senate to transmit a copy of this resolu- alike, and his beloved persona which will live tion to the Glanzmann’s Thrombasthenia Re- A resolution (S. Res. 467) honoring the life on in the hearts of Pittsburghers and Steel- search Foundation. of Myron Cope. ers fans for generations to come; and f There being no objection, the Senate (2) recognizes the outstanding contribu- proceeded to consider the resolution. tions of Myron Cope to the city of Pitts- COMMENDING THE EMPLOYEES OF Mr. PRYOR. Mr. President, I ask burgh, the game of football, and the Pitts- THE DEPARTMENT OF HOME- unanimous consent that the resolution burgh Steelers. LAND SECURITY be agreed to, the preamble be agreed, f Mr. PRYOR. Mr. President, I ask the motions to reconsider be laid upon NATIONAL GLANZMANN’S unanimous consent the Senate proceed the table, with no intervening action THROMBASTHENIA AWARENESS to the immediate consideration of S. or debate, and that any statements re- DAY Res. 472 submitted earlier today by lating to the resolution be printed in Senator LIEBERMAN. the RECORD. Mr. PRYOR. Mr. President, I ask unanimous consent that the Senate The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the resolution by objection, it is so ordered. now proceed to the consideration of S. Res. 471, which was submitted earlier title. The resolution (S. Res. 467) was The assistant legislative clerk read agreed to. today. The PRESIDING OFFICER. The as follows: The preamble was agreed to. A resolution (S. Res. 472) commending the The resolution, with its preamble, clerk will report the resolution by title. employees of the Department of Homeland reads as follows: Security, their partners at all levels of gov- The assistant legislative clerk read S. RES. 467 ernment, and the millions of law enforce- as follows: Whereas Myron Cope was a legendary ment, fire service, and emergency medical Pittsburgher and voice of the Pittsburgh A resolution (S. Res. 471) designating services personnel, emergency managers, and Steelers for an unprecedented 35 seasons March 1, 2008, as ‘‘National Glanzmann’s other emergency response providers nation- from 1970 to 2005; Thrombasthenia Awareness Day’’. wide for their dedicated service in protecting Whereas Myron Cope died the morning of There being no objection, the Senate the people of the United States and the Na- February 27th, 2008, at the age of 79; proceeded to consider the resolution. tion from acts of terrorism, natural disas- Whereas it is the intent of the Senate to Mr. PRYOR. Mr. President, I ask ters, and other large-scale emergencies. recognize and pay tribute to the life of unanimous consent that the resolution There being no objection, the Senate Myron Cope, his service to his community, be agreed to, the preamble be agreed proceeded to consider the resolution. and his legacy with the Pittsburgh Steelers, Ms. COLLINS. Mr. President, I am the game of football, and the city of Pitts- to, and the motions to reconsider be laid upon the table. pleased to join Senator LIEBERMAN in burgh; support of S. Res. 472, commending the Whereas Myron Cope is best known for his The PRESIDING OFFICER. Without quirky catch phrases and for creating the objection, it is so ordered. employees of the Department of Home- ‘‘terrible towel’’, which is twirled at Steelers The resolution (S. Res. 471) was land Security on the Department’s games as a good luck charm and has since agreed to. fifth anniversary, and honoring their developed into an international symbol of The preamble was agreed to. partners at all levels of Government, Pittsburgh Steelers pride; The resolution, with its preamble, the private sector, and the millions of Whereas Myron Cope coined the phrase reads as follows: men and women in law enforcement, ‘‘Immaculate Reception’’, which became a S. RES. 471 the fire service, emergency-medical household term to describe the game-win- services, and other emergency-response ning play in the Steelers’ 1972 American Whereas Glanzmann’s Thrombasthenia af- Football Conference Divisional playoff vic- fects men, women, and children of all ages; professions who risk their lives to pro- tory against the Oakland Raiders, one of the Whereas Glanzmann’s Thrombasthenia is a tect us. most notable plays in all of National Foot- very distressing disorder to those who have Five years ago, on March 1, 2003, the ball League and sports history; it, causing great discomfort and severe emo- Department of Homeland Security Whereas Myron Cope spent the first half of tional stress; commenced operations as a new organi- his professional career as one of the Nation’s Whereas children with Glanzmann’s zational umbrella over 22 federal agen- most widely read freelance sports writers, Thrombasthenia are unable to participate in cies and with new responsibilities for writing for Sports Illustrated and the Satur- many normal childhood activities including developing and coordinating an inte- day Evening Post; most sports and are often subject to social Whereas Myron Cope became the first pro- discomfort because of their disorder; grated, all-hazards approach to plan- fessional football broadcaster to be elected Whereas Glanzmann’s Thrombasthenia in- ning for, mitigating against, respond- to the National Radio Hall of Fame in 2005; cludes a wide range of symptoms including ing to, and recovering from major dis- Whereas Myron Cope became so popular life-threatening, uncontrollable bleeding and asters. that the Steelers did not try to replace him severe bruising; Creating DHS was a critical part of when he retired in 2005, instead downsizing Whereas Glanzmann’s Thrombasthenia is our national response to the terrorist from a 3-man announcing team to 2; frequently misdiagnosed or undiagnosed by attacks of September 11, 2001. We are Whereas Myron Cope served his commu- medical professionals; safer today because of the work of the nity on the board of directors of the Pitts- Whereas currently there is no cure for burgh Chapter of the Autism Society of Glanzmann’s Thrombasthenia; Department’s dedicated employees and America and the highly successful Pitts- Whereas it is essential to educate the pub- because of their support and coordina- burgh Vintage Grand Prix charity auto lic on the symptoms, treatments, and con- tion with State, local, tribal, and non- races, of which he was a co-founder; stant efforts to cure Glanzmann’s profit agencies with emergency-man- Whereas Myron Cope also served on the Thrombasthenia to ensure early diagnosis agement, prevention, and response re- Tournament Committee of the Myron Cope/ and treatment of the condition; sponsibilities. Foge Fazio Golf Tournament for Autistic Whereas Helen P. Smith established the The Department was severely tested Children; Glanzmann’s Thrombasthenia Research in the Hurricane Katrina catastrophe Whereas, in 1996, Myron Cope contributed Foundation in Augusta, Georgia, in 2001; and his ownership of ‘‘The Terrible Towel’’ trade- Whereas Helen P. Smith and the of 2005, and extensive investigation by marks to Allegheny Valley School, an insti- Glanzmann’s Thrombasthenia Research the Committee on Homeland Security tution for the profoundly mentally and phys- Foundation have worked tirelessly to pro- and Governmental Affairs identified se- ically disabled; mote awareness of Glanzmann’s rious flaws in the Department’s re- Whereas Myron Cope was born in Pitts- Thrombasthenia and help fund research on sponse. But, spurred by legislation that burgh on January 23, 1929, and lived all but the disorder: Now, therefore, be it Senator LIEBERMAN and I authored in a few months of his life in Pittsburgh; and Resolved, That the Senate— 2006, the Department has taken signifi- Whereas the passing of Myron Cope is a (1) designates March 1, 2008, as ‘‘National cant strides in improving its response great loss to the city of Pittsburgh and the Glanzmann’s Thrombasthenia Awareness game of football, and his life should be hon- Day’’; and recovery capabilities. The Depart- ored with highest praise and respect for his (2) urges all people of the United States to ment’s responses to recent disasters, heart of black and gold: Now, therefore, be it become more informed and aware of such as the wildfires in California, the Resolved, That the Senate— Glanzmann’s Thrombasthenia; and Patriots’ Day storm in Maine, and the

VerDate Aug 31 2005 01:54 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G04MR6.061 S04MRPT1 smartinez on PRODPC61 with SENATE March 4, 2008 CONGRESSIONAL RECORD — SENATE S1547 recent tornadoes in the South, visibly Whereas acts of terrorism, natural disas- prepare for, and respond to acts of terrorism, demonstrate these improvements. ters, and other large-scale emergencies can natural disasters, and other large-scale The task of integrating the 22 agen- exact a tragic human toll, resulting in sig- emergencies; cies and more than 200,000 employees nificant numbers of casualties and dis- (3) expresses the Nation’s appreciation for rupting hundreds of thousands of lives, caus- the sacrifices and commitment of law en- that compose the Department has not ing serious damage to the Nation’s critical forcement, fire service, and emergency med- always gone smoothly. As the Govern- infrastructure, and inflicting billions of dol- ical services personnel, emergency man- ment Accountability Office justly ob- lars of costs on both the public and private agers, and other emergency response pro- served in a progress report on DHS last sectors; viders in preventing, protecting against, pre- summer, however, ‘‘successful trans- Whereas in response to the attacks of Sep- paring for, and responding to acts of ter- formations of large organizations, even tember 11, 2001, and the continuing risk to rorism, natural disasters, and other large- those faced with less strenuous reorga- the Nation from a full range of potential cat- scale emergencies; astrophic incidents, Congress established the nizations than DHS, can take 5 to 7 (4) urges the Federal Government, States, Department of Homeland Security on March local governments, Indian tribes, schools, years to achieve.’’ The Department has 1, 2003, bringing together 22 disparate Fed- nonprofit organizations, businesses, other made significant progress. Congress eral entities, enhancing their capabilities entities, and the people of the United States must help it make more. with major new divisions emphasizing infor- to take steps that promote individual and On this noteworthy anniversary, I sa- mation analysis, infrastructure protection, community preparedness for any emergency, lute the men and women of DHS and and science and technology, and focusing its regardless of its cause; and all of their partners who protect our more than 200,000 employees on the critical (5) encourages continued efforts by every mission of defending the Nation against acts individual in the United States to enhance borders, transportation hubs, critical of terrorism, natural disasters, and other infrastructure, seaports, and—above the ability of the Nation to address the full large-scale emergencies; range of potential catastrophic incidents at all—our people. This Senate resolution Whereas since its creation, the employees all levels of government. is a small but heartfelt expression of of the Department of Homeland Security our gratitude, our respect, and our have endeavored to carry out this mission f commitment to the future of this De- with commendable dedication, working with partment. other Federal departments and agencies and ORDERS FOR WEDNESDAY, MARCH partners at all levels of government to help 5, 2008 Mr. PRYOR. Mr. President, I ask secure the Nation’s borders, airports, sea and unanimous consent that the resolution inland ports, critical infrastructure, and peo- Mr. PRYOR. Mr. President, I ask be agreed to, the preamble be agreed ple against acts of terrorism, natural disas- unanimous consent that when the Sen- to, the motions to reconsider be laid ters, and other large-scale emergencies; ate completes its business today, it upon the table with no intervening ac- Whereas the Nation’s firefighters, law en- stand adjourned until 9:30 a.m., tion or debate, and any statements be forcement officers, emergency medical serv- Wednesday, March 5; that following the printed in the RECORD. ices personnel, and other emergency re- prayer and pledge, the Journal of pro- The PRESIDING OFFICER. Without sponse providers selflessly and repeatedly ceedings be approved to date, the risk their lives to fulfill their mission to objection, it is so ordered. help prevent, protect against, prepare for, morning hour be deemed expired, the The resolution (S. Res. 472) was and respond to acts of terrorism, natural dis- time for the two leaders be reserved for agreed to. asters, and other large-scale emergencies; their use later in the day, and that the The preamble was agreed to. Whereas State, local, territorial, and tribal Senate proceed to a period of morning The resolution, with its preamble, government officials, the private sector, and business for up to 1 hour, with Senators reads as follows: ordinary individuals across the country have permitted to speak therein for up to 10 been working in cooperation with the De- S. RES. 472 minutes each with the time equally di- partment of Homeland Security and other Whereas it has been almost 7 years since Federal departments and agencies to en- vided and controlled between the two the horrific terrorist attacks against the hance the Nation’s ability to prevent, pro- leaders or their designees, with the Re- United States and its people on September tect against, prepare for, and respond to nat- publicans controlling the first half and 11, 2001; ural disasters, acts of terrorism, and other the majority controlling the final half; Whereas al-Qaeda and affiliated or inspired large-scale emergencies; and further, I ask that following morning terrorist groups remain committed to plot- Whereas the people of the United States business the Senate resume consider- ting attacks against the United States, its can assist in promoting the Nation’s overall ation of S. 2663, a bill to reform the interests, and its foreign allies, as evidenced preparedness by remaining vigilant, report- by recent terrorist attacks in Great Britain, ing suspicious activity to proper authorities, Consumer Product Safety Commission. Algeria, and Pakistan, and disrupted plots in and preparing themselves and their families The PRESIDING OFFICER. Without Germany, Denmark, Canada, and the United for all emergencies, regardless of their cause: objection, it is so ordered. States; Now, therefore, be it Whereas the Nation remains vulnerable to Resolved, That the Senate— f catastrophic natural disasters, such as Hur- (1) on the occasion of the fifth anniversary ricane Katrina, which devastated the Gulf of the establishment of the Department of ADJOURNMENT UNTIL 9:30 A.M. Coast in August 2005; Homeland Security, commends the public TOMORROW Whereas the President has declared more servants of the Department for their out- Mr. PRYOR. If there is no further than 400 major disasters and emergencies standing contributions to the Nation’s secu- business to come before the Senate, I under the Robert T. Stafford Disaster Relief rity and safety; ask unanimous consent it stand ad- and Emergency Assistance Act since 2000, in (2) salutes the dedication of State, local, response to a host of natural disasters, in- territorial, and tribal government officials, journed under the previous order. cluding tornadoes, floods, winter storms, and the private sector, and individuals across the There being no objection, the Senate, wildfires that have overwhelmed the capa- country for their efforts to enhance the Na- at 6:43 p.m., adjourned until Wednes- bilities of State and local governments; tion’s ability to prevent, protect against, day, March 5, 2008, at 9:30 a.m.

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CONGRATULATING DR. PATRICK COMMEMORATING THE ANNIVER- should also serve as a reminder that as a na- KERRIGAN ON THE OCCASION OF SARY OF THE ABOLITION OF tion we still have work to do before we can fi- BEING NAMED ‘‘MAN OF THE THE TRANSATLANTIC SLAVE nally erase the color line that divides us. YEAR’’ BY WILKES-BARRE TRADE FRIENDLY SONS OF ST. PATRICK f HON. CHAKA FATTAH A TRIBUTE TO THOMAS PATRICK HON. PAUL E. KANJORSKI OF PENNSYLVANIA BECK RECIPIENT OF THE 2008 OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES DONALD WRIGHT AWARD IN THE HOUSE OF REPRESENTATIVES Tuesday, March 4, 2008 Tuesday, March 4, 2008 Mr. FATTAH. Madam Speaker, I rise today HON. ADAM B. SCHIFF Mr. KANJORSKI. Madam Speaker, I rise to commemorate the 200th anniversary of OF CALIFORNIA today to ask you and my esteemed colleagues U.S. abolition of the slave trade, which marked IN THE HOUSE OF REPRESENTATIVES in the House of Representatives to pay tribute a historic turning point in our Nation’s history. to Dr. Patrick J. Kerrigan, D.O., of Wilkes- On March 2, 1807, President Thomas Jef- Tuesday, March 4, 2008 Barre, Pennsylvania, who was named 2008 ferson signed a bill, which became effective Mr. SCHIFF. Madam Speaker, I rise today ‘‘Man of the Year’’ by the Friendly Sons of St. January 1, 1808, abolishing the transatlantic to honor Thomas Patrick Beck upon receiving Patrick of Greater Wilkes-Barre. slave trade. The issue of slavery had long the prestigious Donald Wright Award for distin- Dr. Kerrigan’s contribution to the field of been a contentious issue that divided Ameri- guished service to the community from the medicine in northeastern Pennsylvania has cans, with those in favor of abolition and those Pasadena Bar Association. been truly impressive. Since 1986, he has against struggling to reach a compromise. The Mr. Beck is a founding partner of Thon, been engaged in the private practice of family abolition of the transatlantic slave trade was Beck & Vanni, formerly known as Thon & medicine in Wilkes-Barre. He is a provider of one step in the quest to end slavery, but the Beck, a highly rated and respected law firm in geriatric medical care at several nursing path to full social, political, and economic Pasadena, California, that is celebrating thirty homes in the greater Wilkes-Barre area. He is equality for African Americans would be a long years of existence. Thon, Beck & Vanni spe- also active in sports medicine, having served upward battle that would not be reached for cializes in representing seriously injured tort as team physician at the little league, high over 100 years. victims. school and college levels. While our forefather’s move to formally end Dr. Kerrigan has also been active in medical the U.S. participation in the transatlantic slave A member of the American Board of Trial education with the Philadelphia College of Os- trade was a giant leap toward racial equality, Advocates, Tom is enthusiastically involved in teopathic Medicine. For 2 years, he served as the ‘‘color line,’’ as W.E.B. Dubois has called all aspects of his profession. He is a past a member of the board of directors for the it, still divides America. Even though it has president of the Pasadena Bar Association, a Luzerne County Medical Society. Dr. Kerrigan been over a hundred years since the Emanci- former board of trustee member of the Los has also lectured extensively over the years at pation Proclamation, the remnants of slavery Angeles County Bar Association, and was on nursing homes, institutions of higher learning still exist in the black community, and in Amer- the Los Angeles Superior Court Bench and and before the general public on topics that in- ica as a whole. Committee. He is a former president of the Irish American Bar Association and is a found- cluded AIDS, managed care, common ortho- African Americans in the underclass of our ing member of the Cowboy Lawyers Associa- pedic injuries, heart disease, preventive medi- cities and the rural areas of the South con- tion. cine and physician career choices. tinue to battle challenges including a dearth of Dr. Kerrigan was appointed medical director affordable housing, unemployment and a lack Mr. Beck’s professional accomplishments in- of the Heritage House, a skilled nursing facil- of educational attainment. These problems clude being a three-time nominee for Los An- ity, in 2003. In 2006, he became medical di- continue to shake the foundations of the black geles Trial Lawyers Association’s (now known rector of Erwine’s Home Hospice Group. Dr. community. African American men and women as Consumer Attorneys Association of Los An- Kerrigan was named president-elect of the still bring home smaller paychecks than their geles) Trial Lawyer of the Year, and his recent medical staff of the Wyoming Valley Health white counterparts, African American children election as a Fellow of the American College Care System in January, 2007, where he also still suffer from a lack of qualified teachers and of Trial Lawyers. serves as chairman of the medical executive educational resources when compared with Tom is an active participant in many com- committee and as a member of the board of their privileged white peers and African Amer- munity organizations. Some of his past volun- directors. ican neighborhoods are still under siege from teer affiliations include the Pasadena Tour- In 2006, Dr. Kerrigan was awarded the ‘‘Key street violence and urban crowding. These nament of Roses Association, Loyola to the City of Wilkes-Barre’’ for 20 years of problems are not only representative of the Marymount University Alumni Association community service. pervasive social and economic injustice be- board of directors, and coaching for Little Dr. Kerrigan is a member of the Luzerne tween the races; these problems are tearing at League, YMCA Basketball and the American County, Pennsylvania and American Medical the threads of the American social fabric. Youth Soccer Organization. In 2006, he re- Societies. He is also a member of St. Mary’s Despite these challenges, African Ameri- ceived the Lasallian Volunteer of the Year of the Immaculate Conception Roman Catholic cans have made considerable progress. With Award from LaSalle High School in Pasadena. Church where he served as a lector. He is advancements such as the 14th and 15th Currently, Tom is the chairman of the Meth- also a former member of the board of direc- Amendments, the Voting Rights and Civil odist Hospital of Southern California Founda- tors of the Friendly Sons of St. Patrick of Rights Acts, African Americans began to par- tion Board, chairman of the Executive Com- Greater Wilkes-Barre. ticipate more fully in American life. Since the mittee of the St. Thomas More Society of Los Madam Speaker, please join me in con- hard-fought accomplishments of the 20th cen- Angeles, a mentor/benefactor of San Miguel gratulating Dr. Kerrigan on this auspicious oc- tury, African Americans are now participating Catholic School, and a member of Helps Inter- casion. Dr. Kerrigan’s determination and com- in the political, economic, and cultural life of national. mitment to benefit his home town is entirely America more than ever before. The com- I ask all Members of Congress to join me in evident in the vast contributions he has made memoration of the bicentennial of the U.S. congratulating Thomas Patrick Beck upon re- over the years to improve the quality of life for abolition of the slave trade will allow us to take ceiving the Pasadena Bar Association’s 2008 his fellow citizens. His selection as ‘‘Man of time to reflect on how far America has come Donald Wright Award and wish him continued the Year’’ is a well deserved honor. in reaching its dream of racial equality, but it success.

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

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.001 E04MRPT1 ccoleman on PRODPC75 with REMARKS E288 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2008 TRIBUTE TO THE 100TH BIRTHDAY TRIBUTE TO THE 162ND ANNIVER- last year, not only highlighted his enormous OF THE SETTLEMENT MUSIC SARY OF METROPOLITAN AME contributions as a chemist, but also detailed SCHOOL ZION CHURCH how racism had hampered his career. Julian, Jr. said of his father in the documentary, ‘‘My father took advantage of the country’s promise HON. ALLYSON Y. SCHWARTZ HON. DONALD M. PAYNE OF NEW JERSEY of equality, but was in some ways undone by OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES the country’s failure to live up to that promise.’’ Julian Jr. spent much of his legal career insur- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 4, 2008 ing the country met its promises. Tuesday, March 4, 2008 Mr. PAYNE. Madam Speaker, I ask my col- Percy Julian, Jr. was both a fierce advocate leagues in the House of Representatives to and a model for other attorneys in promoting Ms. SCHWARTZ. Madam Speaker, I rise join me as I rise to acknowledge the Metro- the importance of civility. While serving as a today to honor and celebrate the 100th birth- politan African Methodist Episcopal Zion State senator in Wisconsin, I called upon day of Settlement Music School, the largest Church in Jersey City, New Jersey, on the Percy Julian, Jr. to utilize his expertise on vot- community school of music in the United celebration of its 162nd anniversary. Metro- ing rights and civil rights issues. His presence States. Settlement Music School originated in politan AME Zion Church, established in 1846, often caused the other side to retreat rather 1908 at the College Settlement House, a so- has a long and rich history as the oldest Afri- than face his formidable knowledge base. cial service center for newly arrived immi- can-American congregation in Jersey City. He is survived by his wife, Jan Blackmon; grants in south Philadelphia when two young Metropolitan AME Zion Church grew out of daughter, Kathy Julian; and sister, Faith Ju- women volunteers, Jeannette Selig and the John Street Methodist Church, established lian. Wisconsin and our country have lost a Blanche Wolf, offered piano lessons for a in 1796 near the African Burial Ground Na- valuable leader and a civil rights and civil lib- nominal fee. Their effort grew into an inde- tional Monument in New York City. Since its erties pioneer. Percy Julian, Jr.’s work in the pendent community school of the arts. Today, founding in Jersey City 19 years before the areas of fair housing, voting rights, school de- there are six Settlement branches serving United States abolished slavery, the church segregation, and first amendment issues have every zip code in the Greater Philadelphia re- has occupied several locations in Jersey City proved invaluable in preserving the rights of all gion. The Jenkintown and Kardon-Northeast and thrived under the leadership of a long line people in our State and our Nation. I extend branches of Settlement Music School are lo- of dedicated pastors. my condolences to his family and friends on cated in my Congressional District, serving On March 27, 1968, Metropolitan hosted this tremendous loss. Madam Speaker, for residents of Montgomery County and north- Reverend Dr. Martin Luther King, Jr., for what these reasons, I am honored to pay tribute to east Philadelphia. would be one of his final speeches. He ad- Percy Julian, Jr. Since its inception, the mission of Settle- dressed an overflow crowd of more than 2,000 f ment Music School has been to provide com- people promoting his ‘‘Poor People’s march on RENEWABLE ENERGY AND EN- munity-based music and arts instruction and Washington.’’ ERGY CONSERVATION TAX ACT activity to students of all ages, races, religions, The deep history of Metropolitan AME Zion OF 2008 economic standings, talent levels and music Church is a story of strong faith and pas- preferences. In addition to the school’s core sionate work on behalf of the surrounding SPEECH OF program, it offers educational and enrichment community. Theirs is a journey that we hope programs for disabled children and adults, pre- will continue for many years to come. I am HON. BART STUPAK OF MICHIGAN school programs for low-income inner-city chil- pleased to congratulate the Metropolitan IN THE HOUSE OF REPRESENTATIVES dren, and a Teacher Training Institute to dis- Church and its current pastor Reverend Na- seminate best practice techniques to the thaniel B. Legay on this momentous occasion. Wednesday, February 27, 2008 broader educational community. Settlement Madam Speaker, I know my colleagues join Mr. STUPAK. Madam Speaker, on February Music School tuition fees have remained mod- me in wishing the Metropolitan African Meth- 27, 2008 the U.S. House of Representatives est with over 60 percent of the student popu- odist Episcopal Zion Church of Jersey City a agreed to suspend the rules and pass H.R. lation receiving financial aid. joyous anniversary and best wishes for the fu- 5264 by voice vote. Had I been given the op- Annually, close to 15,000 students partici- ture. portunity to vote on this measure I would have pate in music, dance and visual arts programs f voted ‘‘no’’ on H.R. 5264, the Trade Pref- guided by a faculty of experienced and erence Extension Act of 2008. IN TRIBUTE TO In fact, prior to the voice vote on H.R. 5264, credentialed musicians. Settlement Music PERCY JULIAN, JR. School is the largest employer of musicians in I sent a Dear Colleague with Representatives Pennsylvania, providing a source of income DALE KILDEE and MARCY KAPTUR to all Mem- for many freelance musicians. Since its open- HON. GWEN MOORE bers of the U.S. House of Representatives ing, Settlement Music School has served over OF WISCONSIN urging our colleagues to vote against extend- 300,000 students. Today there are Settlement IN THE HOUSE OF REPRESENTATIVES ing the Andean Trade Preference Act. The Trade Preference Extension Act of graduates in every major symphony in the Tuesday, March 4, 2008 United States, as well as alumni who have 2008 extends the Andean Trade Preference Ms. MOORE of Wisconsin. Madam Speak- distinguished themselves in the worlds of Act for another 10 months. Since the last ex- er, I rise to honor the life of Mr. Percy Julian, opera, theater, popular music, and jazz. Set- tension, 8 months ago, Congress has still not Jr., a pioneering civil rights and civil liberties tlement Music School has produced Pulitzer adequately addressed fundamental problems attorney from my home State of Wisconsin. prize-winning composers and former students of labor practices in the region and the agree- My friend, Percy Julian, Jr., passed away on have served as Mayor of Philadelphia, Phila- ment’s effect on U.S. agriculture. Furthermore, February 24, 2008, at the age of 67. delphia City Council member, Pennsylvania with the on-going debate surrounding the Co- Mr. Percy Julian, Jr. helped to make the civil Senator and Representative, and Member of lombia Free Trade Agreement it is irrespon- rights laws passed in the Martin Luther King, Congress. sible to simply extend these preferences with- Jr. era real tools for justice. He became best out thorough discussions. Settlement Music School will celebrate this known for representing University of Wis- Originally passed in 1991, the Andean milestone centennial year with banquets, con- consin-Madison students charged in the Dow Trade Preference Act, ATPA, was designed to certs and recitals featuring alumni and Chemical demonstrations in the 1960s, and develop economic alternates to narcotics pro- present-day students. Settlement Music further for handling pioneering employment duction in Bolivia, Colombia, Ecuador, and School will honor the ‘‘Settlement 100’’—a ros- discrimination and voting rights class action Peru. However, ATPA has failed to reduce co- ter of diverse Settlement alumni whose experi- suits across the United States, often in co- caine production, but it has harmed American ences at Settlement Music School helped to operation with the NAACP Legal Defense farmers. shape their lives. Fund. In both Colombia and Peru, the size and Madam Speaker, I ask that my colleagues Percy Julian, Jr. grew up in the Chicago production of illegal drug crops has remained join me in congratulating Settlement Music area but made Wisconsin his home. He was virtually unchanged. In a 2001 report to Con- School’s centennial milestone and wishing the son to Percy Julian, Sr., an acclaimed scientist gress, the U.S. Foreign Agricultural Service alumni, students, teachers, and board direc- of the 20th century. A 2-hour documentary on said that they ‘‘do not believe that Peruvian tors much continued success. Julian Sr., ‘‘Forgotten Genius,’’ which aired asparagus production provides an alternative

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.003 E04MRPT1 ccoleman on PRODPC75 with REMARKS March 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E289 economic opportunity for coca producers and poor to afford legal representation. He worked whole greater than the sum of its parts. The workers—the stated purpose of the Act.’’ to secure the rights and interests of the elderly bill’s authorization of these programs will help As a result of the ATPA, the U.S. had a $10 poor and defended the Alianza Hispano Amer- provide the best scientific information on billion trade deficit with the four ATPA coun- icana in legal cases brought by the State of ocean habitats and other phenomena, and will tries in 2006. Specifically, the asparagus and Arizona to take control of that organization. ensure that this information is widely distrib- fresh-cut flower industries have been severely Judge Torres organized and was elected uted. We must explore and work to reveal the hurt by lower prices. Since the implementation president of the Colorado Spanish American unknown so that we can deepen our under- of ATPA, asparagus acreage in the United Club, served as president of the Colorado standing of crucial oceanic environmental States dropped from 90,000 acres in 1991 to State Board of credit unions, was elected vice- issues and inspire scientists, educators, deci- under 49,000 acres in 2006. president of the Colorado Young Democrats, sion-makers, and the public to learn more There are 40,000 flower workers in Ecuador and worked as legal counsel to the Las about the ocean. In the coming years, Amer- and over 100,000 in Colombia working to Animas County Catholic Church’s Knights of ica’s economic, environmental and national grow, harvest, and package flowers. Unfortu- Columbus, representing them at national con- security may depend on our knowledge of the nately, these workers routinely experience ventions. ocean, and our understanding of how it sus- labor rights violations including violations of Judge Torres was well known in Santa Fe, tains life on earth. the right to freedom of association. H.R. 5264 New Mexico, and befriended notable New f does not include stronger labor provisions. Mexican historians such as Fray Angelico Before agreeing to extend the Andean Chavez and Orlando Romero and other nota- TRIBUTE TO THE PEACE CORPS Trade Preferences Act for a third time, Con- ble figures such as Raphael Chacon, Casimire 47TH ANNIVERSARY gress should have taken a closer look at dam- Barela, Elfego Baca, and former Congressman age it has done to American farmers and how Bronson Cutting. HON. VERNON J. EHLERS it has failed to reduce illegal drug production Madam Speaker, Frank Torres was a cru- OF MICHIGAN in Bolivia, Colombia, Ecuador, and Peru. sader during his time as an attorney and IN THE HOUSE OF REPRESENTATIVES f judge, and it is fitting that he is honored for his Tuesday, March 4, 2008 great work and service to the people of Colo- TRIBUTE TO JUDGE JOSE rado and New Mexico. Mr. EHLERS. Madam Speaker, I rise today FRANCISCO ‘‘FRANK’’ TORRES to express my support and appreciation for the f Peace Corps on their 47th anniversary. Since HON. TOM UDALL THE NATIONAL OCEAN 1961, more than 190,000 American volunteers OF NEW MEXICO EXPLORATION PROGRAM ACT have served in 139 developing countries IN THE HOUSE OF REPRESENTATIVES around the world. Since its founding, the Peace Corps has sought to meet its legislative Tuesday, March 4, 2008 HON. CAROL SHEA-PORTER mandate of promoting world peace and friend- Mr. UDALL of New Mexico. Madam Speak- OF NEW HAMPSHIRE ship by sending American volunteers to serve er, I rise today to honor the life of Judge Jose IN THE HOUSE OF REPRESENTATIVES at the grassroots level in villages and towns Francisco ‘‘Frank’’ Torres, a native of southern Tuesday, March 4, 2008 abroad, These Peace Corps volunteers live Colorado and until his passing a resident of and work with local people, helping them im- the 3rd Congressional District of New Mexico. Ms. SHEA-PORTER. Madam Speaker, I prove their lives, and helping them understand Judge Frank Torres was a crusader for civil was pleased to cosponsor and vote for the American culture. The volunteers often work rights who upon retirement lived in New Mex- National Ocean Exploration Program Act, H.R. as teachers, environmental and agriculture ico, the home of his ancestors, for 21 years. 1834, which authorizes two excellent and suc- specialists, health promoters, and small busi- He was descended from the original Spanish cessful National Oceanic and Atmospheric Ad- ness advisors. colonists that arrived with General Juan De ministration, NOAA, programs, the Natonal I have been an extremely strong supporter Onate in 1598 to establish the first European Undersea Research Program, NURP, and the of the Peace Corps ever since President John settlement in the United States. He was mar- Ocean Exploration program, OE. F. Kennedy first proposed it in a speech in ried to Crusita Kimball Torres, who was a de- While new technologies have enabled us, Ann Arbor, Michigan, many years ago. The scendant of the first territorial Governor of for example, to create high-resolution maps of Peace Corps is one of America’s most effec- New Mexico. His daughter, Eva Torres the sea floor, to measure plate movements, or tive ways to share our compassion and values Ashenbrenner, is my constituent, renowned for to study ocean processes quantitatively, the abroad, and, in many instances, the volun- her involvement in the community and for her world’s oceans remain, to a great extent, un- teers play the important role of dispelling love and commitment to New Mexico and its known. We know so little about the ocean’s myths about the U.S. I would dearly love to cultural heritage. She continues her father’s living creatures, nonliving resources, and proc- see the Peace Corps double or triple in size. tradition of community involvement and public esses. We don’t know enough about the im- I also praise and recognize those volunteers service. pact of global climate and other environmental from the Third Congressional District of Michi- Judge Torres practiced and taught good citi- change on the ocean. Ocean exploration and gan who are currently serving abroad in the zenship throughout his life and brought the ocean research complement each other. Be- Peace Corps. My thanks go out to: Chad An- highest moral values and standards not only cause of the importance of our oceans to life derson, serving in Uganda; Brent Benner, to each position he occupied, but to his private on earth, we need to step up the pace of both serving in Peru; Edna Bermejo, serving in life as well. exploration and research to be able to make Mauritania; Brendan Brink-Halloran, serving in Judge Torres was an accomplished man informed decisions about issues related to the Guatemala; Amanda Collier, serving in Roma- who despite adversity became one of the first ocean. nia; Christopher De Bruyn, serving in Mon- Hispanic attorneys in Colorado. Among his This bill promotes integration of the two pro- golia; Adrienne Gilbert, serving in the Domini- many accomplishments, Judge Torres strongly grams, combining their strengths and capabili- can Republic; Sara Igleski, serving in Jordan; opposed the activities of the Ku Klux Klan, or- ties, in order to serve our country and NOAA Rachel Jacobs, serving in Zambia; Joshua ganized the first credit unions in southern Col- more effectively. NURP has maintained a net- Johnson, serving in Romania; Jeffrey Luehm, orado in 1938, and was actively involved in work of regional centers of undersea science serving in El Salvador; Elizabeth Smith, serv- the Boy Scouts of America for some 70 years, and technology for 30 years, while OE, when ing in Senegal; Joseph Stevens, serving in earning its highest honors ‘‘the silver beaver established in 2001, began a national effort to Bolivia; Daniel Vander Ploeg, serving in award,’’ for his leading of Troops and service explore the ocean. Both programs have been Kazakhstan; Meredith Vanover, serving in on the Boy Scouts Regional Council. Also, collaborating in development of innovative Ukraine; Kirstin Webster, serving in Romania; during the Depression years Judge Torres or- technologies for exploration, and on voyages Daniel Westerhof, serving in Paraguay; and ganized and directed a charitable homeless of exploration, such as an expedition in the Michael Wilcox, serving in Senegal. persons shelter in Trinidad, Colorado, which South Pacific that discovered new marine en- Again, congratulations to the Peace Corps was one of the earliest efforts in the region. vironments and ecosystems. on their 47th anniversary. I thank and com- He provided strong and equal legal rep- The complementary relationship between mend all of those who so faithfully volunteer to resentation to everyone, including those too the two programs within NOAA will make the serve our Nation abroad.

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.006 E04MRPT1 ccoleman on PRODPC75 with REMARKS E290 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2008 HONORING WIL COOKSEY CONGRATULATING MR. JAY IN SUPPORT OF THE NATIONAL DELANEY ON THE OCCASION OF URBAN LEAGUE’S ‘‘THE OPPOR- BEING NAMED ‘‘MAN OF THE TUNITY COMPACT,’’ A BLUE- HON. RON LEWIS YEAR’’ BY THE GREATER PRINT FOR ECONOMIC EQUALITY OF KENTUCKY PITTSTON FRIENDLY SONS OF ST. PATRICK IN THE HOUSE OF REPRESENTATIVES HON. CHAKA FATTAH OF PENNSYLVANIA Tuesday, March 4, 2008 IN THE HOUSE OF REPRESENTATIVES HON. PAUL E. KANJORSKI Mr. LEWIS of KENTUCKY. Madam Speak- Tuesday, March 4, 2008 er, I rise today to recognize Wil Cooksey for OF PENNSYLVANIA Mr. FATTAH. Madam Speaker, as Chairman his service to the Commonwealth of Kentucky. IN THE HOUSE OF REPRESENTATIVES of the Congressional Urban Caucus, it gives Mr. Cooksey, a resident of Bowling Green, me great pleasure to welcome Marc H. Morial, Kentucky, recently retired as plant manager of Tuesday, March 4, 2008 President and CEO of the National Urban the General Motors Bowling Green Assembly League (NUL), and delegations from Urban Mr. KANJORSKI. Madam Speaker, I rise Plant. League affiliates from around the country to today to ask you and my esteemed colleagues Mr. Cooksey served as plant manager at Washington, DC for their 5th Annual Legisla- in the House of Representatives to pay tribute the ‘‘Home of the Corvette’’ since 1993. The tive Policy Conference on March 5–6, 2008. Bowling Green facility employs approximately to Mr. Jay Delaney, of Hughestown, Pennsyl- Over the course of these two days, the NUL 1,000 total employees and assembles 35,000 vania, who was selected as the 2008 ‘‘Man of unveils its annual landmark State of Black Chevrolet Corvettes and 4,000 Cadillac XLRs the Year’’ by the Greater Pittston Friendly America report, meets with Congressional per year. Under Mr. Cooksey’s leadership the Sons of St. Patrick. leaders, and brings a slate of key policy rec- Corvette team has earned more than 70 auto- Mr. Delaney is a lifelong resident of the ommendations to members of both houses. motive industry awards since 1997 including Greater Pittston community and is a leader in Established in 1910, the National Urban Motor Trend Car of the Year, JD Power Silver business, civic, and government affairs. He League is the Nation’s oldest and largest civil Plant Award, JD Power APEAL Award, and presently serves as executive assistant to rights organization devoted to empowering Af- Car and Driver Top 10. Pennsylvania State Senator Raphael Musto, a rican Americans to thrive in the economic and Mr. Cooksey has been a successful advo- post he has held since 1994. social mainstream. Today, the National Urban League, headquartered in New York City, cate for building diversity at the Bowling Green Mr. Delaney was associated with Wilson facility, recruiting qualified minority students spearheads the non-partisan efforts of its 101 Foods Corporation from 1952 to 1994, retiring local affiliates in 36 states and the District of from schools not used in the past. Mr. as regional sales manager for the north- Cooksey has also been active on the Execu- Columbia, providing direct services to more eastern United States covering eight States in- than 800,000 people annually, and impacting tive Advisory Board of Advancing Minorities’ cluding Washington, DC. He was named man- Interest in Engineering and 100 Black Men of millions more through its advocacy and re- ager of the year in 1987 after he earned a search. America Inc. For his hard work, Mr. Cooksey place in the ‘‘General’s Club’’ of Wilson Foods was recently awarded the Civil Rights Humani- This year the NUL and its affiliate delegates in 1982. Also in 1987, he became president of are bringing to Congress an important blue- tarian Award by the State Street Baptist the prestigious Wilson Foods Ring Club. Church. print for economic equality known as The Op- Mr. Delaney was mayor of Hughestown bor- portunity Compact. The Compact is a com- Mr. Cooksey is also an active member of ough from 1982 to 1989. He served as a prehensive set of principles and policy rec- the Greenview Hospital board of directors, the ommendations set forth by the National Urban boards of the National Corvette Museum, Ten- member of Hughestown borough council from 1969 to 1977. He was also chairman of the League (NUL) designed to empower all Ameri- nessee State University, Western Kentucky cans to be full participants in the economic University’s College of Education and Behav- Hughestown Democratic organization for 4 years and successfully chaired the special and social mainstream of this Nation. In pur- ioral Science, and the Drug Abuse Resistance suit of this end, the NUL (1) identifies prin- Education Advisory Council. election to the 11th Congressional District in 1980 on behalf of then State Representative ciples that reflect the values inherent in the It is my privilege to honor Wil Cooksey Raphael Musto. American dream; (2) examines the conditions today, before the entire United States House that have separated a significant portion of the of Representatives, for his service to the Bowl- He is a member of the Blessed Sacrament American population—particularly the poor ing Green community. I wish Wil, and his wife Church, Hughestown; a former member of the and disadvantaged residents of urban commu- Elizabeth, a happy and healthy retirement. Earth Conservancy Land Use Planning Com- nities—from accessing that dream; (3) pro- mittee; former member of the American Heart poses, for honest evaluation and discussion, f Association and former member of the several policy recommendations intended to Luzerne County Democratic Executive Com- bridge the gap between conceptualization and PERSONAL EXPLANATION mittee. He has received national recognition realization of the American dream. by the American Cancer Society, Cystic Fibro- The Opportunity Compact is the culmination sis Foundation, Muscular Dystrophy Associa- of extensive research and policy analysis by HON. JEFF FORTENBERRY tion, and St. Jude’s Children’s Hospital. He the National Urban League Policy Institute OF NEBRASKA has served on the board of directors of the (NULPI) and is based upon the input of doz- IN THE HOUSE OF REPRESENTATIVES Harvey’s Lake Yacht Club and is a charter ens of policy experts from academia, public member of the Nutty Buddy Club of Greater policy think tanks, non-profit service and advo- Tuesday, March 4, 2008 Pittston. He is a life member of the John F. cacy organizations, the business sector, and Mr. FORTENBERRY. Madam Speaker, from Kennedy Council 372, Knights of Columbus the Urban League movement. Among other late January 29 through February 7, 2008, I and its Fourth Degree Assembly; the Greater things, the NULPI hosted a series of five was unavoidably detained due to my daugh- Pittston Friendly Sons of St. Patrick; life mem- roundtable discussions and obtained feedback ter’s heart surgery. ber of the Hughestown Hose Company; and a and recommendations from numerous experts member of the Salvation Army advisory board. concerning the development of a coherent and On January 29, I missed rollcall votes Nos. comprehensive plan for empowering the Na- Mr. Delaney and his wife, Dorothy, to whom 27 and 28. Had I been present, I would have tion’s urban communities. As the foundation he has been married for 51 years, are the par- voted ‘‘aye’’ on both votes. for such a plan, NUL has clearly identified four On February 6, I missed rollcall votes Nos. ents of four children and seven grandchildren. cornerstones that reflect the values rep- 29 through 31. Had I been present, I would Madam Speaker, please join me in con- resented by the American dream: (1) The Op- have voted ‘‘aye’’ on all three votes. gratulating Mr. Delaney on this special occa- portunity to Thrive (Children), (2) The Oppor- On February 7, I missed rollcall votes Nos. sion. Mr. Delaney’s service to family and com- tunity to Earn (Jobs), (3) The Opportunity to 32 through 42. Had I been present, I would munity is extraordinary and an inspiration to Own (Housing) and (4) The Opportunity to have voted ‘‘nay’’ on Nos. 32, 33, 36, 37, and all. His selection for this honor reflects the re- Prosper (Entrepreneurship). These corner- 38, and ‘‘aye’’ on Nos. 34, 35, 39, 40, 41, and spect with which he is held by his neighbors stones are supported by a list of ten policy pri- 42. and peers. orities.

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.010 E04MRPT1 ccoleman on PRODPC75 with REMARKS March 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E291 Each of these opportunities for upward eco- a light rail line from Los Angeles to Pasadena, and fundraising activities to strengthen the nomic and social mobility are available in few and her contributions to that project were vital chamber’s enduring presence in the commu- other countries outside the United States. to its success. Completed on time and under nity. Over the past 75 years, the Eastern Therefore, maintaining equal access to these budget, the Gold Line light rail project has Montgomery Chamber of Commerce has opportunities is a vital part of preserving the been an invaluable asset to the San Gabriel served as a powerful catalyst, uniting busi- very principles that make this country unique Valley, and especially to Pasadena. nesses, community agencies, government offi- and will prove to be an effective way to elimi- The Pasadena City Council was well aware cials, and educational institutions to make our nate gaps in income, wealth and educational of Cynthia’s hard work on their behalf, and community a great place to live and work. attainment within this country that are too when the position of city manager became Madam Speaker, I ask that my colleagues often defined along the lines of race or socio- open in 1998, she was the first woman to be join me in celebrating the Eastern Montgomery economic status. appointed to that post. As city manager, she County Chamber of Commerce’s 75th anniver- The Opportunity Compact serves as a vehi- first concentrated on solidifying budget proce- sary milestone and wishing the chamber and cle to develop a serious plan of action to ad- dures while also attending to the quality of life its members many more years of community dress the persistent inequalities faced by issues that make Pasadena a special place to enrichment and service. those in urban communities. Yet, all Ameri- live and work. f cans, regardless of place of residence or ra- Ms. Kurtz’s most recent landmark achieve- cial identity, can benefit from the policy rec- ment was last year’s completion of a $118 mil- TRIBUTE TO MONSIGNOR WILLIAM ommendations presented in this blueprint for lion renovation of historic Pasadena City Hall. J. LINDER economic equality. Furthermore, there is a role When the structure was determined to be for all parties to play—private citizens, na- seismically vulnerable, she worked with her HON. DONALD M. PAYNE tional, state and local governments, commu- staff to create a plan that would safeguard OF NEW JERSEY nity-based service providers and the business Pasadena employees while also preserving IN THE HOUSE OF REPRESENTATIVES community—as together, we seek to strength- this most recognizable jewel of the ‘‘Crown Tuesday, March 4, 2008 en our Nation by maximizing the potential of City.’’ The project was completed ahead of all its citizens. By generating new ideas, initi- schedule and continues to stand as a testa- Mr. PAYNE. Madam Speaker, I ask my col- ating productive partnerships and fostering ment to Pasadena’s rich architectural heritage. leagues in the House of Representatives to collaboration, The Opportunity Compact seeks Cynthia Kurtz has been an invaluable asset join me as I rise to acknowledge the lifetime to expand access to the incentives and re- to the city of Pasadena, and I ask all Members service of Monsignor William J. Linder, pastor wards that act as the driving force behind to join me in thanking Cynthia J. Kurtz for over of St. Rose of Lima Parish in Newark, New what makes this country great—personal re- 2 decades of dedicated service. Jersey and founder of the New Community sponsibility, initiative and hard work. f Corporation. Madam Speaker, I firmly believe that the Monsignor Linder has served in the Catholic proposals embodied in the National Urban HONORING THE EASTERN MONT- priesthood for more than 44 years, spending League’s Opportunity Compact provide a pow- GOMERY COUNTY CHAMBER OF the entire length of his ministry in Newark, erful framework for approaching the difficult COMMERCE New Jersey. For the past 31 years he has challenges faced by America’s cities. I there- been the pastor of St. Rose of Lima parish, a fore rise today to congratulate the National HON. ALLYSON Y. SCHWARTZ multi-ethnic and multi-racial congregation with Urban League for its work on behalf of cities OF PENNSYLVANIA representation from 42 nations around the and for bringing The Opportunity Compact to IN THE HOUSE OF REPRESENTATIVES world. the attention of Congress. The New Community Corporation celebrates Tuesday, March 4, 2008 f its 40th anniversary this year. Its history is Ms. SCHWARTZ. Madam Speaker, I rise TRIBUTE TO CYNTHIA J. KURTZ filled with stories of service to the city of New- today to honor and congratulate the Eastern ark. The New Community Corporation is the Montgomery County Chamber of Commerce most comprehensive and largest community HON. ADAM B. SCHIFF on achieving an important milestone, its 75th development organization in the United States, OF CALIFORNIA anniversary. Since 1933, the Eastern Mont- employing over 1600 individuals and providing IN THE HOUSE OF REPRESENTATIVES gomery County Chamber of Commerce has urban dwellers with housing, day care, alter- Tuesday, March 4, 2008 tirelessly promoted its members and the eco- native education, social services, job training, Mr. SCHIFF. Madam Speaker, I rise today nomic health of our community. I am honored employment services and health care. to honor Cynthia J. Kurtz, who recently retired to represent this organization in Congress. Monsignor Linder has received many honors from her post as City Manager of Pasadena, In 1933, the Jenkintown Businessmen’s As- and awards including the HUD Distinguished California. Ms. Kurtz served the City for over sociation was incorporated with just 44 mem- Service Award, The National Association of 20 years, spending the last 10 years as the bers. Since that time, the chamber has Home Builders Housing Hall of Fame award, chief administrative officer of Pasadena’s di- changed its name a number of times to mark the Aetna Foundation Voice of Conscience verse community of 144,000 residents and its growth within the business community. In Award, the MacArthur Foundation Fellows has left a legacy that will be enjoyed by gen- 1961, the organization became the Jenkintown Award and the Governor’s Gold Medal (NJ). erations to come. Chamber of Commerce. By 1968, the organi- He was also selected by President Clinton to In her capacity as city manager, Cynthia zation became known as the Greater attend the president’s first inauguration as one was responsible for over 2,300 employees Jenkintown Chamber of Commerce to reflect of the 60 ‘‘Faces of Hope’’ and by President with an operating budget of over $550 million. the expansion of its service area. In 1992, the Bush to participate in a conference on faith- With a keen vision for the ‘‘big picture’’ and a chamber became the Eastern Montgomery based initiatives. wealth of experience to draw upon, she was County Chamber of Commerce. Madam Speaker, I know my colleagues will the driving force behind some of the most im- While successfully fulfilling its mission to join me in honoring a wonderful servant to hu- portant projects in the city’s history. support and promote local businesses of all manity. I am pleased to recognize his tremen- Cynthia came to Pasadena after 10 years of sizes, the chamber has also successfully es- dous contributions to the city of Newark and employment with the city of Portland, Oregon, tablished strong community ties. The chamber wish him the best in all his future endeavors. where she held a variety of positions in the has partnered with area businesses to host f Office of Transportation and the Bureau of the annual Best of the Burbs celebration of Economic Development. That experience business cultural and community events, fea- IN TRIBUTE TO LOUVENIA served Pasadena well when she was hired as turing the chamber’s annual Business Expo, JOHNSON the City’s Capital Program Administrator in which showcases over 100 area businesses. 1987. In 1991, she became director of public In 2003, the chamber established Leadership HON. GWEN MOORE works for the City of Pasadena where she Montgomery County, an innovative program OF WISCONSIN shepherded high profile projects such as the dedicated to strengthening the personal and IN THE HOUSE OF REPRESENTATIVES delicate $24 million reconstruction of the his- professional skills of our community’s future Tuesday, March 4, 2008 toric Colorado Street Bridge. leaders. During my years in the California State Sen- The chamber’s active board of directors and Ms. MOORE of Wisconsin. Madam Speak- ate, I worked with Cynthia on the planning for committed staff implement outreach, advocacy er, I rise today to recognize a woman of faith,

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K04MR8.002 E04MRPT1 ccoleman on PRODPC75 with REMARKS E292 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2008 journalist, businesswoman, communicator and are: Mark Maassel, Donald Powers, Mamon CEO and chairman of Welsh Holdings LLC. grassroots activist from the Fourth Congres- Powers, Jr., Denis Ribordy, Frank Van Til, Throughout his career, Robert’s innovative sional District. Mrs. Louvenia Johnson passed Robert Welsh, Jr., and Dean White. For their thinking has made him a true pioneer in his away on February 27, at the age of 96. many contributions to the enhancement of field. As the owner of Welsh Oil Company, he Born in McDermott, Arkansas, Mrs. Johnson Northwest Indiana, these honorees will be rec- is credited with many modern advancements, relocated to Milwaukee in 1939, with her hus- ognized at a ceremony taking place at the including self-serve gasoline stations, alcohol- band, Paul Johnson, who preceded her in Radisson Hotel at Star Plaza in Merrillville, In- blended fuels, and food service within gasoline death. She worked in the health care field as diana, on Friday, March 7, 2008. stations. Robert has been the recipient of a Licensed Practical Nurse. She was Execu- Mark Maassel is the former president of the many accolades, not only for his business tive Director of Project Focal Point, a youth Northern Indiana Public Service Company ventures, but also for his constant commitment and elderly service agency. After retirement in (NIPSCO), as well as a leader of the North- to his community. Most notably, Robert has 1981, she established ‘‘The Christian Times’’ west Indiana Forum. For many years, Mark been recognized as the University of Notre with three others: Nathan Conyers, Lynda has been seen as an innovative leader, not Dame’s Man of the Year. Always an advocate Jackson-Conyers, and the late Luther Golden. only in terms of his profession, but for his of the youth, Robert has been an active con- The weekly newspaper was devoted to church charitable efforts in the community as well. In tributor to the Calumet Council of the Boy news within the city’s African American faith one of many examples, Mark is largely cred- Scouts of America for over 30 years. community. The paper was renamed ‘‘The Mil- ited with bringing together the United Way Dean White, CEO of Whiteco Industries, is waukee Times Weekly Newspaper’’ as it campaigns throughout Lake, Porter, and credited with turning Merrillville, Indiana into began to cover more general community LaPorte Counties in Indiana. He has also the retail center that it is today. Dean is the news. The Christian Times remains as a been an active leader with the Indiana Hu- founder of the Star Plaza in Merrillville, and he standing feature section of that newspaper to manities Council, the Indiana Chamber of has developed much of the surrounding area, this day. Commerce, and the Ivy Tech Foundation. which includes hotels, businesses, shops, and Louvenia Johnson established ‘‘The Black Donald Powers is the president and CEO of offices. With business ventures ranging from Excellence Awards Program’’ in 1985, to rec- the Community Foundation of Northwest Indi- billboard advertising to residential and hotel ognize the good works of ordinary people from ana, Inc. and the Community Healthcare Sys- development to high-technology innovations, Milwaukee’s black community whose accom- tem and the founder of a very successful real Dean’s holdings include companies local to plishments had gone unnoticed. The awards estate development company. Known through- Northwest Indiana as well as businesses program observed its 23rd year on February out Northwest Indiana and beyond for his vi- throughout the world. While Dean’s contribu- 15, 2008. More than 680 local citizens whose sion and determination, Donald is credited tions to business and development in North- activities have benefited all of Milwaukee have with the development of Munster, Indiana, as west Indiana are well known, it is equally im- been recipients of the award. well as the Community Hospital and the Cen- portant to acknowledge the impact he has Mrs. Johnson established The Louvenia ter for Visual and Performing Arts. In addition, made on his community through his constant Johnson Journalism Scholarship Fund in 1988 he has been instrumental in the development support of local charities and organizations in to assist college-bound high school graduates of the Purdue University-Calumet campus in the area. who wished to pursue careers in print and Hammond, Indiana. Madam Speaker, I ask you and my distin- broadcast journalism. She initially funded the Mamom Powers, Jr. is the president and guished colleagues to join me in commending scholarship with money from her Social Secu- CEO of Powers and Sons Construction Com- these outstanding leaders on their induction rity benefits. The scholarship funds are award- pany, Inc., the company founded by his father into the Indiana Business and Industry Hall of ed during The Black Excellence Awards Pro- in 1967. After learning the value of hard work Fame. These individuals are most deserving gram. To date, more than $350,000 has been and dedication from his father, Mamon took of being named the Inaugural Class of 2008, awarded to area students through this non- over the company and has always found a and for their leadership and commitment to profit, charitable organization. Previous schol- way to give back to his community. Mamon the Northwest Indiana community, each of the arship recipients include Jamaal Abdul-Alim, has always been active in serving the youth recipients is worthy of our respect and admira- an urban affairs reporter for the Milwaukee and has been a constant supporter of the tion. Journal Sentinel; and Silvia Acevedo, news re- Boys and Girls Clubs of Northwest Indiana. In f porter for WTMJ–TV/Channel 4 in Milwaukee. addition, he also serves as a trustee with Pur- Madam Speaker, for these reasons, I am due University. IN HONOR OF THE NATIONAL honored to pay tribute to Louvenia Johnson Denis Ribordy was the owner of Ribordy PEACE CORPS WEEK AND THOSE who is survived by her siblings, Mr. Harvey Drugs, Inc., a very successful chain of twenty- SERVING IN THE PEACE CORPS Williams, Mrs. Algenora Davenport, nieces, six drug stores throughout Indiana, prior to its FROM THE 24TH DISTRICT OF nephews and many friends. Mrs. Johnson has sale in 1985. He was also president and CEO TEXAS made a positive impact on Milwaukee and her of Ribordy Enterprises, which consisted of contributions and legacy continue to benefit eight Hallmark stores. Having started his drug HON. KENNY MARCHANT the citizens of the Fourth Congressional Dis- store business in Gary, Indiana, in 1955, OF TEXAS trict. Denis has always remained active in the com- IN THE HOUSE OF REPRESENTATIVES munity. Throughout his career, Denis has f Tuesday, March 4, 2008 been recognized on numerous occasions for NORTHWEST INDIANA BUSINESS his commitment to Tradewinds and many Mr. MARCHANT. Madam Speaker, it is my AND INDUSTRY HALL OF FAME charities throughout his community. pleasure to honor the Peace Corps and its 47 Frank Van Til is the co-owner of Van Til’s years of service. Nearly 200,000 U.S. citizens HON. PETER J. VISCLOSKY supermarket in Hammond, Indiana. Raised in have served their country, as well as instilling OF INDIANA the grocery store business, Frank’s parents peace and goodwill in 139 countries abroad, IN THE HOUSE OF REPRESENTATIVES opened their first store in Hammond in 1936. since March 1, 1961. The week of February The Van Til family eventually went into busi- 25–March 3, 2008 was celebrated around the Tuesday, March 4, 2008 ness with the Strack family to create what U.S. as National Peace Corps Week. Mr. VISCLOSKY. Madam Speaker, it is with would become a successful chain of 29 super- Currently 15 residents of the 24th District of the utmost sincerity and admiration that I rise markets throughout Indiana and Illinois. Al- Texas are serving abroad in 14 different coun- to commend seven exceptional business lead- though the Strack and Van Til stores were tries. These selfless individuals should be rec- ers from Northwest Indiana who will be hon- sold in 1998, Frank continues to operate Van ognized for their commitment to peace and ored as the inaugural class of the Northwest Til’s supermarket in Hammond. Not only did development. Indiana Business and Industry Hall of Fame. Frank learn the grocery business from his fa- Their names and respective countries of Created by The Times and BusINess maga- ther, but he also learned the importance of service are as follows: Ryan Alvares—Mozam- zine, induction into the Indiana Business and being an active member of the community, bique; Lauren Banta—Senegal; Andrew Industry Hall of Fame is determined by a and to this day, he remains an active member Birdsell—Ecuador; Melanie Bittle—Nicaragua; panel of local civic and business leaders. of many civic and charitable organizations in Eric Brooke—Bulgaria; Kira Cha—Costa Rica; While there were many deserving nominees, Northwest Indiana. David Fox—Macedonia; Courtney Gilman— the individuals selected as the 2008 Indiana Robert Welsh, Jr. was the owner of the Gambia; Robert Henderson—Ukraine; Mary Business and Industry Hall of Fame inductees former Welsh Oil Company and is the current Jones—Georgia; Jamie Lewis—Malawi; Curtis

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.016 E04MRPT1 ccoleman on PRODPC75 with REMARKS March 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E293 Miller—Bolivia; Katherine Moore—Kenya; John PERSONAL EXPLANATION A BIRTHDAY TRIBUTE TO Poulter—China; and Carin Wunneburger— WILBERT TATUM AND THE AM- Senegal. HON. LYNN C. WOOLSEY STERDAM NEWS It is my honor to recognize these individuals and the long-standing institution known OF CALIFORNIA HON. CHARLES B. RANGEL throughout the globe. The people of the 24th IN THE HOUSE OF REPRESENTATIVES OF NEW YORK District of Texas are proud of their achieve- Tuesday, March 4, 2008 IN THE HOUSE OF REPRESENTATIVES ments. I wish them and all members of the Tuesday, March 4, 2008 Peace Corps the best of luck and an eventual Ms. WOOLSEY. Madam Speaker, on Feb- safe return home. ruary 28, 2008, I was unavoidably detained Mr. RANGEL. Madam Speaker, I rise today and was not able to record my votes for roll- to celebrate two birthdays. Wilbert ‘‘Bill’’ Tatum never shies away from f call Nos. 85–87. a good fight. The publisher emeritus of Am- Had I been present I would have voted: IN HONOR OF FRANK THOMPSON sterdam News, starting in 1978, ran editorials Rollcall No. 85—‘‘yes’’—John ‘‘Marty’’ Thiels excoriating then-Mayor of New York, Demo- AND HIS SERVICE TO SPOKANE Southpark Station. COUNTY VETERANS crat Ed Koch, once a week—every week—on Rollcall No. 86—‘‘yes’’—Sgt. Jason Harkins the paper’s front page. The recurring, and un- Post Office Building. relenting, box read: ‘‘Why Koch Should Re- HON. CATHY McMORRIS RODGERS Rollcall No. 87—‘‘yes’’—Iraq and Afghani- sign.’’ By the time Koch left office a decade stan Fallen Military Heroes of Louisville Me- later, Tatum had turned his attention to an- OF WASHINGTON morial Post Office Building. other New York mayor, this time Republican IN THE HOUSE OF REPRESENTATIVES Rudolph Giuliani. He demanded his resigna- Tuesday, March 4, 2008 f tion, too. Throughout his life, which this year eclipses Mrs. MCMORRIS RODGERS. Madam HONORING WINIFRED ANN the 75-year mark, Tatum has been unafraid to Speaker, I rise today to recognize Mr. Frank WATERS show his mettle. He has railed against one- Thompson. On March 1, 2008, Mr. Thompson, time popular policies—the invasion of Iraq and Director of the Spokane County Veteran Serv- HON. ELIOT L. ENGEL racial profiling—and defended unpopular, often ices, retired from his post in Spokane County, controversial figures. The man who forged a after an honorable 32-year career in veterans’ OF NEW YORK niche for himself in black journalism, and services. In a time when our country acknowl- IN THE HOUSE OF REPRESENTATIVES broadened the field with his editorial perspec- edges how much we depend upon our sol- Tuesday, March 4, 2008 tive, is all about developing big ideas—and diers, and accordingly understand what honor, sticking to them. ‘‘Don’t worry about your be- respect, and responsibility is owed to them Mr. ENGEL. Madam Speaker, a community liefs if they are yours,’’ Tatum writes in a re- when they become veterans, Frank Thompson is an aggregate of it residents, but its quality cent column. ‘‘If you have to depend upon stands out as an example of what it means to of life is determined by the dedication of those somebody else’s beliefs, then you have no be- truly dedicate oneself to these deserving men who devote themselves to the welfare of their liefs at all.’’ On the anniversary of his birth, it and women, to serve them in a meaningful community. Winifred Ann Waters, known to all is that unflappable spirit we celebrate, honor, way. of us as Winnie, is a born and bred Bronx girl and uplift. Frank Thompson grew up in Pittsburgh, PA, who has devoted herself to her community He’s a self-billed ‘‘pragmatic idealist.’’ As the and attended West Virginia Wesleyan College, and the people in it. director of community relations for the city’s graduating with a B.A. in social studies in She was born to Peter and Elizabeth building department, he fervidly sought to de- 1967. When he entered the Air Force 3 McGee and grew up on Cypress Avenue and velop new housing in poor neighborhoods. He months later, he began a lifelong attachment 138th Street. Her father died when she was a spent a winter’s night in 1967, huddled in an to the military which would continue all the youthful teenager and she grew up helping her evacuated and unheated Queens housing de- way up to today. He later went on to serve 4 mother care for her siblings, Jimmy, Louis, velopment, just to highlight the plight of ten- years in the Strategic Air Command during the and Veronica. ants. He, years later, lobbied then-Governor Vietnam War. Upon being discharged, he at- Winne was 16 when she first met Jimmy Mario Cuomo to establish a toll-free telephone tended graduate school at Gonzaga University Waters, who was to become her husband. line that gave residents tips, and accepted in Spokane, WA. Earning an M.A. in coun- They have now been happily married for 40- their complaints, about drug trafficking. But seling in 1975, he also entered the Wash- plus years, and have 4 children, Jimmy, Vin- over the past quarter century, he’s made his ington Air National Guard, joining the 105th cent, Peter and Mary, who gave them 6 mark in the media. He owned financial interests in Inner City Tactical Air Control Squadron. It is obvious, grandchildren with a seventh on the way. Broadcasting Corp, Apollo Theatre, and two Mr. Speaker, that Frank Thompson’s dedica- After working for several years in the private radio stations, WLIB and WBLS. He served a tion to the United States and his willingness to sector Winnie left to have her first child. In brief stint as co-publisher of the New York serve in the armed forces can never be doubt- 1985 she began working at Community Board Post in 1993, alongside real estate developer ed. 12 as a community associate with one of her Abe Hirschfeld. And through the pages of the responsibilities taking the complaints of un- Frank began his service of three decades to Amsterdam News, the Harlem-based Black happy citizens. American veterans on February 1, 1976, when weekly that came under his direction in 1982, he began working at the Spokane County Vet- Taking lemons and making lemonade, she Tatum developed his own voice. eran Services as a Veterans Contact Rep- established many lasting and close relation- That paper projected a critical and focused resentative. His reliability and talent shown ships over the years. She is one of a rare voice of its own, particularly at a time when through when, just 4 years later, he was ap- breed who works unselfishly without need for issues of concern to African Americans were pointed director in 1980. Mr. Speaker, he did credit or praise. In time she started to adopt largely ignored by the mainstream media. It all all this while still serving in the Washington Air the community as a second family and devot- began nearly 100 years ago—with nothing but National Guard and did not retire from military ing herself to making the community a better $10, six sheets of paper, a lead pencil, and a service until December of 1991, having at- place to live, work, and raise a family. table as its initial capital—and, in short order, tained the rank of major. He continued his Now, no matter where Winnie walks in the it became New York’s largest and most influ- honorable work at the Spokane County Vet- Community Board 12 neighborhood, she is ential Black-owned, Black-operated business. eran Services until this past week. recognized by all. She will be greatly missed At its zenith, its circulation peaked 100,000 Madam Speaker, I thank Frank Thompson in her retirement but her goal of making the and by the 1940s, it had become a leading for his service to those who sacrificed so community a family environment is one that black paper along with the storied Pittsburgh much for their country. I praise him as exam- we will continue to follow from her fine exam- Courier, the Afro-American, and the Chicago ple to us all of what true responsibility to our ple. Defender. Greats like W.E.B. DuBois, Roy Wil- veterans looks like. And I offer my best wishes I sincerely thank her for all that she has kins, and Adam Clayton Powell contributed to for him and his family as they open this new done for the people of her community. She is its pages. As one of the most frequently chapter in their lives. an inspiration to all. quoted black weeklies in the world, it says its

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.017 E04MRPT1 ccoleman on PRODPC75 with REMARKS E294 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2008 strength lies in its ‘‘shaping the advancement community. The center has year-round pro- single corner of our society. South Florida—so and realization of Black aspirations.’’ grams that engage adults in lifelong learning rich in diversity—would not be what it is today It now commands an irrefutable spot on the pursuits, some in cooperation with local cor- without the Haitian people. From the beginning mantel of American Black history. It made visi- porations and civic groups. Programs include of our history, the Haitian people have left ble the invisible; gave speech to the voiceless. aerobics, studio art, health screening, com- their mark on America and have helped to It championed the causes of civil rights, ampli- puter training, and the ‘‘Senior Environment shape our great nation. In fact, the contribu- fying the too-often muffled calls from the com- Corps.’’ I have been pleased to recognize the tions of Haitians began before our country had munity. It fought for integration in the Armed Peak Center’s active participation in the Vet- even won its independence, and they continue Forces during World War II and was at the erans History Project of the Library of Con- to this very day. forefront in covering events such as the Mont- gress. Madam Speaker, I strongly urge my col- gomery bus boycott in Alabama. Tatum, him- Madam Speaker, I ask that my colleagues leagues to support this important resolution self, has been lauded for taking the paper in join me in congratulating the PEAK Center on and honor the valor and ideals of the Haitian a new, fresh direction—harkening back to its receiving National Institute of Senior Centers soldiers who fought for American independ- history while remaining modern and relevant. accreditation and wishing this important orga- ence and to end the practice of slavery. He’s expanded its coverage of international af- nization many more years of success. fairs, attracting a wide variety of new reader- f f ship from all corners of the local, national, and even international market. COMMEMORATING THE COURAGE RECOGNIZING BOBBIE AND DON Tatum was born in January 23, 1933, in a OF THE HAITIAN SOLDIERS WHO CASSANO three-room shack in Durham, North Carolina, FOUGHT FOR AMERICAN INDE- 10th out of 13 siblings, against the backdrop PENDENCE IN THE ‘‘SIEGE OF SAVANNAH’’ AND FOR HAITI’S HON. HARRY E. MITCHELL of segregation and summers of tobacco-field OF ARIZONA toil. He today boasts a degree from Penn- INDEPENDENCE AND RENUNCI- IN THE HOUSE OF REPRESENTATIVES sylvania’s Lincoln University, the oldest Black ATION OF SLAVERY university in the U.S., a master’s in urban Tuesday, March 4, 2008 studies from Occidental College in L.A, and a HON. ALCEE L. HASTINGS Mr. MITCHELL. Madam Speaker I rise National Urban fellowship at Yale. Out of work OF FLORIDA today to recognize the achievements of two in segregationist America, ‘‘too well-educated’’ IN THE HOUSE OF REPRESENTATIVES outstanding people from my hometown, to land a post as a janitor at any of the New Tuesday, March 4, 2008 Tempe, Arizona—Don and Bobbie Cassano. York newspapers, and instead, tried his luck My pride in their contributions is magnified be- Mr. HASTINGS of Florida. Madam Speaker, as a reporter and columnist in Europe. cause I also count them among my friends. But he has since carved out a safe space I rise today in strong support of this resolution commemorating the courage of the Haitian The Tempe Chamber of Commerce recently of his own, assuming the leadership of a his- presented them with the 2008 Spirit of Tempe toric paper and injecting his powerful voice soldiers who fought for American independ- ence in the ‘‘Siege of Savannah.’’ This resolu- Award during the annual Breakfast for Cham- into the dialog. He has all our best wishes on ber Champions on February 29th. This award his birthday and in this year, as his paper tion also honors those soldiers who fought for Haiti’s independence and the renunciation of recognized business people who ‘‘go above celebrates a milestone—a century’s worth of and beyond’’. scoops, awards, exclusives, and history-mak- slavery. As a cosponsor of this legislation, I would like to express my appreciation for the The soul of any community is its people, ing. We are all the better for it. and Don and Bobbie Cassano have epito- f efforts of my good friend from Florida, Con- gressman KENDRICK B. MEEK, for introducing mized the spirit that makes Tempe such an HONORING THE PEAK CENTER OF this important legislation and for the House outstanding community. I am pleased that LANSDALE, PENNSYLVANIA Leadership for bringing it to the floor for a their outstanding efforts for our community vote. have been formally recognized by the Tempe HON. ALLYSON Y. SCHWARTZ The War for American Independence was Chamber. Don and Bobbie wasted no time in getting OF PENNSYLVANIA not easily won, and it took the contributions of involved in their community when they moved IN THE HOUSE OF REPRESENTATIVES an untold number of American patriots. It is important that we continue to remember those to Tempe thirty four years ago. It is easy to Tuesday, March 4, 2008 heroes who gave their lives for the freedoms assume that this was strictly a team effort, but Ms. SCHWARTZ. Madam Speaker, I rise we can enjoy today. In 1779, American rebels Don and Bobbie have each made significant today to honor and congratulate The Peak fought to take back the city of Savannah from individual contributions as well. Center of Lansdale, Pennsylvania, for receiv- the British. This resolution commemorates a Bobbie has served as president of Tempe ing National Institute of Senior Centers ac- group of 500 Haitian volunteers who fought Leadership, the Tempe/Kyrene Communities creditation. Of the 15,000 senior centers in valiantly alongside the patriot forces for more in Schools and the Tempe Governors. She America, The PEAK Center is one of only 153 than 2 weeks as the siege continued. It is im- was a founder of the Communities in Schools senior centers to receive this high honor, be- portant for us to take this moment to com- group. She has also served on the Tempe stowed by the National Institute of Senior Cen- memorate and honor the memory and sac- Community Council Board of Directors, the ters, a constituent unit of the National Council rifice of the 300 Haitians who gave their lives Tempe Connections Advisory Council and the on Aging. during that historic battle. Tempe Citizens Corps Council. The National Institute of Senior Centers It is fitting that a monument to these brave Don has also served as President of a num- mark of accreditation demonstrates the PEAK men now stands in Savannah, Georgia, where ber of organizations, including Friendship Vil- Center’s outstanding service and commitment this momentous fight took place. It is also fit- lage of Tempe, Arizona Clean and Beautiful to seniors who live in the North Penn region ting that the monument depicts a young Henri and the Tempe Nuevo Kiwanis Club. He has of my district. As part of the accreditation Christophe, a man who helped gain Haitian chaired the Valley Business Council and Val- process, staff evaluated their current programs independence and end slavery in that country. ley Forward Association. I am also proud to and developed a 3-year strategic plan that will Mr. Christophe and his compatriots fought have served with him during the time he was facilitate the development of additional pro- valiantly for the causes of liberty and justice a member of the Tempe City Council, from grams and services. Accreditation dem- on both American and Haitian soil, proving 1984–1993. onstrates the Peak Center’s outstanding lead- their deep commitment to these ideals. Their Together they joined forces to help pass a ership and commitment to continuing their tra- desire for liberty is not yet fulfilled, so we must transit tax in Tempe which goes toward im- dition of developing quality programs and continue to work with the people of Haiti to re- proving public transportation, including the services for adults. alize the dreams of their founders. light rail system which starts running this year. The Peak Center’s mission is to support We can hardly begin to measure the ways In addition, it funds expanded bicycle paths, wellness and quality of life for adults over 55 in which the people of Haiti have shaped our and a free neighborhood circulator bus to help years of age and promote their participation in country. In South Florida, residents of Haitian increase ridership on public transportation. all aspects of community life. The staff of the descent have contributed so much to the fab- I can’t think of two people who are more de- PEAK Center works diligently to maintain the ric of our community. Their culture, heritage, serving of this award, and I say congratula- center as a hub of learning and activity in the and traditions have influenced almost every tions for a job well done.

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A04MR8.022 E04MRPT1 ccoleman on PRODPC75 with REMARKS March 4, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E295 RECOGNIZING THE CITY OF LUB- port Authority, the Council for World-Class sessments of scientific issues affecting public BOCK, TEXAS ON ITS CENTEN- Communities, the Boys and Girls Club, and a policy. He was an influential figure in the pub- NIAL number of other organizations in his home- lic debates on ballistic missile defense and cli- town. He has been honored by Lake Michigan mate change. At the Institute, he worked to HON. RANDY NEUGEBAUER College with the Distinguished Alumni Award, provide the Congress and successive Admin- OF TEXAS and was a recipient of the College’s Diversity istrations with perspectives and interpretations IN THE HOUSE OF REPRESENTATIVES Award. of scientific and technical matters. Pete Mitchell is a man who dedicated his Dr. Jastrow was a prolific author and public Tuesday, March 4, 2008 life to his hometown, and to the betterment of commentator on the space program, astron- Mr. NEUGEBAUER. Madam Speaker, as his fellow man. He is truly ‘‘The Rock.’’ omy, earth science, and national security. He the city of Lubbock turns 100 years old, I f hosted more that 100 CBS–TV network pro- could not be more proud to be part of a won- grams on space science and was the special derful community that has grown to embrace COMMEMORATING THE PASSING guest of NBC–TV with Wernher von Braun for all that is good in America. The traditional val- OF DR. ROBERT JASTROW the Apollo-Soyuz flights. Dr. Jastrow’s articles ues upon which this country was founded still have appeared in the New York Times, Time, flourish and are taught to the next generation HON. DANA ROHRABACHER Reader’s Digest, Foreign Affairs, Commentary, here. OF CALIFORNIA Atlantic Monthly and Scientific American. His The history of Lubbock is a story of men IN THE HOUSE OF REPRESENTATIVES books include Red Giants and White and women that came to this region with a Tuesday, March 4, 2008 Dwarves—the Evolution of Stars, Planets and dream. They came with a determination that Life; Until the Sun Dies: God and the Astrono- would be tested over and over again. That Mr. ROHRABACHER. Madam Speaker, I mers; The Enchanted Loom—Mind in the Uni- ‘‘can-do’’ spirit turned this remote area of the would like to commemorate the passing of the verse; Astronomy—Fundamental and Fron- High Plains of Texas into one of the most pro- prominent American scientist Dr. Robert tiers; Journey to the Stars—Space Exploration ductive agricultural regions in the world. My Jastrow on February 8, 2008. Born in New Tomorrow and Beyond, How to make Nuclear grandfather came to Lubbock in 1909 to be York in 1924, Robert Jastrow worked in the Weapons Obsolete and Scientific Perspectives part of this new community. Over the past 100 U.S. lunar landing program, established and on the Greenhouse Problem with William years, many visionary citizens stepped forward managed two scientific research centers, and Nierenberg and Frederick Seitz. Dr. Jastrow’s to build and strengthen this growing and de- played an active role in national public policy contributions to science will be missed, and I veloping town. Now today, because of their ef- debates on national security and environ- extend my condolences to his family, friends forts, Lubbock is not only an important agricul- mental policy. and colleagues. Robert Jastrow earned his Ph.D. degree in tural area, but it is also a city of world-class f educational and medical facilities and the re- theoretical physics at Columbia University. He gional distribution center for the entire South became an assistant professor at Yale before PERSONAL EXPLANATION Plains and part of New Mexico. joining the staff at the Naval Research Labora- As we celebrate the past, let us look for- tory. In 1958, Dr. Jastrow was chosen to head HON. JAMES R. LANGEVIN ward with great anticipation toward the future. NASA’s new theoretical division. Dr. Jastrow OF RHODE ISLAND immediately set to work planning the future Lubbock is not just a city celebrating 100 IN THE HOUSE OF REPRESENTATIVES years. it’s home to me. I am proud to call Lub- space science program and drawing a high Tuesday, March 4, 2008 bock home and am honored to represent each level of scientific talent into NASA. its residents in the United States Congress. Dr. Jastrow was convinced of the unique im- Mr. LANGEVIN. Madam Speaker, on Feb- f portance of the moon for understanding the ruary 28, 2008, I was away from the Chamber origin of the earth and the other planets and and unable to vote. I would like the RECORD TRIBUTE TO DWIGHT ‘‘PETE’’ was an early champion of lunar exploration. In to reflect that, had I been present, I would MITCHELL 1958, he and Harold Urey, the Nobel Laureate have voted ‘‘yea’’ on rollcall vote Nos. 85, 86 chemist, made the case for NASA to build a and 87. HON. FRED UPTON significant program for lunar exploration, re- f OF MICHIGAN sulting in the establishment of the Ranger COMMEMORATING NATIONAL I.D. IN THE HOUSE OF REPRESENTATIVES Project. With permission from NASA and in associa- THEFT PREVENTION WEEK, Tuesday, March 4, 2008 tion with Columbia University, Robert Jastrow MARCH 3–7, 2008 Mr. UPTON. Madam Speaker, I rise today organized the Goddard Institute for Space to pay tribute to Dwight ‘‘Pete’’ Mitchell, a Studies and became its first Director in 1961. HON. HARRY E. MITCHELL community leader in Southwest Michigan who Scientists at the Goddard Institute, a govern- OF ARIZONA is retiring this week after more than 35 years ment laboratory which carried out research in IN THE HOUSE OF REPRESENTATIVES in public service. astronomy and atmospheric science, played a In the center of downtown Benton Harbor key role in the Pioneer, Voyager, and Galileo Tuesday, March 4, 2008 sits a large rock, engraved with the name of planetary missions under Jastrow’s guidance. Mr. MITCHELL. Madam Speaker, I rise Dwight ‘‘Pete’’ Mitchell City Center Park. That In recognition of his work, Dr. Jastrow re- today to commemorate National Identity Theft certainly represents Pete Mitchell—he’s solid ceived the NASA Medal for Exceptional Sci- Prevention Week in Arizona and in several as a rock, a foundation for our community. An entific Achievement and the Arthur Fleming other states, as well as Consumer Protection accomplished boxer as a young man, Pete Award for Outstanding Service to the U.S. Week around the Nation, and to bring atten- Mitchell, like his hometown of Benton Harbor, Government. tion to this growing and troubling trend in has shown he can take a punch, and he can Dr. Jastrow stayed at the helm of the God- crime. Identity theft is a serious offense that fight back and win. Many of the projects that dard Institute for 20 years before becoming occurs when someone uses your personal in- are being accomplished right now that are joining the faculty at Dartmouth College, formation without your permission to commit leading Benton Harbor’s renaissance have where he held the position of Professor of fraud or other crimes. benefited from Pete’s quiet and steady leader- Earth Sciences until 1992. In that year he re- Unfortunately, Arizona is one of the states ship. Whether it’s the Arts District, downtown signed to become Chairman of the Board of hardest hit by identity theft, which continues to development, new housing, or new jobs and Trustees of the Mount Wilson Institute, which impact millions of victims and remains the recreation, Pete was there with the vision and manages the Mount Wilson Observatory in fastest-growing white-collar crime in the United perseverance to put together the partnerships California on behalf of the Carnegie Institution States. Identity theft costs businesses and that are making a difference in lives of Benton of Washington. Dr. Jastrow retired as Director consumers billions of dollars each year. Addi- Harbor residents. of the Mount Wilson Institute in January 2003. tionally, victims must take valuable time and While Pete is retiring as Benton Harbor City He also was a member of the Board of Gov- often endure tremendous stress as they work Manager, he has a long legacy of involvement ernors of the National Space Society. to repair the damage to their credit and ac- in his community. A 1954 graduate of Benton With Drs. Frederick Seitz and William counts. Harbor High School, Pete has served on the Nierenberg, Dr. Jastrow founded the George However, Arizona is also the site of some of Benton Harbor Area Schools board, the Air- C. Marshall Institute in 1984 to conduct as- the Nation’s most innovative efforts to combat

VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A04MR8.025 E04MRPT1 ccoleman on PRODPC75 with REMARKS E296 CONGRESSIONAL RECORD — Extensions of Remarks March 4, 2008 this crime. The Arizona Attorney General’s Of- duties. I thank him for his hard work, and wish will have the independence, credibility, and ex- fice regularly hosts ‘‘shred-a-thons’’ where him the best of fortune in his new assignment pertise necessary to assist governments at the residents can safely destroy documents con- and future endeavors. national, state, and local level implement re- taining personal information. And private com- f newable energy policies and projects. panies like Lifelock, which is headquartered in Existing international energy agencies were my hometown of Tempe, has become a na- THE INTERNATIONAL RENEWABLE formed to address narrow problems. The Inter- tionwide industry leader in helping consumers ENERGY AGENCY (IRENA) ACT national Energy Agency, IEA: oil security and to proactively protect their personal informa- OF 2008 fuel supply disruptions. The International tion and render it useless to criminals. Atomic Energy Agency, IAEA: nuclear pro- Madam Speaker, I wish to applaud these ef- HON. EDWARD J. MARKEY liferation and safety. With the aid of institu- forts and encourage my colleagues to join me OF MASSACHUSETTS tional support, these energy resources be- in doing all that I can to turn the tide against IN THE HOUSE OF REPRESENTATIVES came foundations of modern economies. An identity thieves across the Nation. international renewable energy agency is Tuesday, March 4, 2008 needed to support the unique problems facing f Mr. MARKEY. Madam Speaker, I am intro- renewable energy: marketplace failures, polit- IN HONOR OF HUGH PATRICK ducing the International Renewable Energy ical inertia, and information gaps. To this end, CARROLL Agency Act today because our energy secu- IRENA will: rity, the health of our planet, and the strength Support governments in drafting policies HON. CHARLES W. ‘‘CHIP’’ PICKERING of our economy have reached a critical junc- and programs for the promotion of renewable energy and energy efficiency measures; OF MISSISSIPPI ture. As gasoline prices creep towards $4 per Assist governments in conducting studies IN THE HOUSE OF REPRESENTATIVES gallon, and emissions of heat-trapping gases continue to climb to dangerous levels, two that analyze the potential of renewable ener- Tuesday, March 4, 2008 things have become clear. First, a funda- gies and the appropriateness of different tech- Mr. PICKERING. Madam Speaker, today an mental change is needed in the way we gen- nologies; effective and loyal member of my staff serves erate and use energy here at home. Secondly, Provide long-term projections and scenarios his last day in my office. But, he does not the rest of the world must be also part of this based on existing data and policy in order to leave his service to Mississippi. Hugh Carroll, new energy future. The legislation I am intro- identify opportunities as well as gaps, barriers, my legislative director, will be moving to the ducing today calls for the establishment of an and failures in markets and policies; Organize training programs, information other chamber to serve in the office of Senator International Renewable Energy Agency, campaigns, and courses for civil servants, sci- ROGER WICKER, my friend and our former col- IRENA, to address both of these challenges. entists, businesses, and non-government or- league in the House who is now serving out This week, world leaders from government, ganizations; civil society and private business are meeting the remaining term of Trent Lott. Supply curriculum for schools and univer- as part of the Washington International Re- Hugh came to Washington, DC, from sities on relevant renewable energy topics; Greensboro in the Piedmont of North Carolina. newable Energy Conference, WIREC, of 2008 Work with financial institutions to support in- He earned his undergraduate and law degrees to discuss a major scale-up in the deployment novative financing mechanisms for renewable from the Catholic University of America here in of renewable energy technology around the energy projects; Washington. Hugh served as a law clerk for world. This collaboration is a good start, but Develop international norms and quality the Architect of the Capitol and the General the urgency of global warming and our de- standards; Services Administration. Prior to that, he in- pendence on oil require that we take the lead Gather and disseminate data, statistics, and terned both with the House Committee on the in creating a permanent international agency reports on renewable energy deployment, pol- Judiciary as well as with Congressman HOW- to drive the development and deployment of icy approaches, and technology development. ARD COBLE. renewable energy in all countries, including The status quo is not working for America or I first met and worked with Hugh when he ours. the planet. The environmental, energy, and served on the House Committee on Transpor- Despite the enormous strides renewable en- economic problems we are facing are largely tation and Infrastructure staff as counsel. He ergy and energy efficiency technologies have due to a failed energy policy. An international worked closely with my office on Hurricane made over the last several years, hurdles re- renewable energy agency represents an op- Katrina recovery legislation and investigations. main to major and rapid scale-up on the level portunity for America to change its energy At that committee, he helped draft ‘‘A Failure needed to meet the world’s need for energy path and confront global warming while rees- of Initiative: The Final Report of the Select Bi- while also addressing global warming. IRENA tablishing its leadership role and reputation in partisan Committee to Investigate the Prepara- will provide the institutional support needed to the international community. tion for and Response to Hurricane Katrina.’’ I address the technological, financial, informa- f served on that select bipartisan committee and tional, and policy barriers that keep renewable CONGRATULATING THE STATE grew to appreciate Hugh’s work and insights. energy and energy efficiency technologies BAR OF ARIZONA ON ITS 75TH Hugh joined my staff in February 2007 to from reaching their full potential. ANNIVERSARY serve as my chief counsel and legislative di- Renewable energy has the potential to re- rector, and oversee my telecommunications duce global warming pollution while also cre- policy. His tenacity and natural instincts fit my ating millions of ‘‘green jobs,’’ reducing our de- HON. HARRY E. MITCHELL policy objectives, and he effectively assisted in pendence on foreign sources of energy, and OF ARIZONA moving my legislative and appropriation prior- spurring the technological development that IN THE HOUSE OF REPRESENTATIVES ities forward. His knowledge of Hurricane will fuel the global economy over the coming Tuesday, March 4, 2008 Katrina issues provided the ready experience century. Mr. MITCHELL. Madam Speaker, I rise necessary to hit the ground running for my New investment in clean energy technology today to congratulate the State Bar of Arizona State’s continuing recovery needs. worldwide topped $148 billion in 2007, an in- on its 75th anniversary. The Arizona Bar As- I know that Hugh’s parents, Marvin and crease of 60 percent over 2006 and up from sociation was first incorporated in Arizona in Sandra Carroll, are proud of him and his work just $33 billion in 2004. However, about two 1906 and in 1912 first began official admission for the House of Representatives. I am proud thirds of this investment lies in just six coun- procedures for the practice of law. On March of his work for Mississippi and while sorry to tries. Over the next two decades, greenhouse 17, 1933, the State Bar of Arizona was estab- see him leave my staff, am glad he will con- gas emissions from developing countries are lished as a mandatory membership organiza- tinue to serve my district and my constituents projected to grow at more than twice the rate tion through an act of the Arizona State Legis- as an aide to Senator WICKER. of those in developed countries. Encouraging lature. Since its statutory establishment, it has My staff will remember Hugh Carroll’s dry growth of renewable energy in developing functioned as a self-policing organization that humor, passion for the Boston Red Sox, love countries reduces the extent and likelihood has worked to ensure that the legal profession of his dog, and interesting wardrobe choices. that these economies will follow a carbon-in- in Arizona maintains the highest possible eth- I hope Hugh will remember all the work we tensive, fossil energy development path. It ical standards and technical skill. have accomplished together, and also the also opens a valuable market for the clean en- The State Bar of Arizona is guided in its symbolism of ‘‘The Five Flags.’’ We all will re- ergy companies that developed economies will service of the public by the core values of in- member his good nature, determined work rely on for growth over the coming century. tegrity, service, diversity, professionalism, pro- ethic, and professional accomplishment of his The International Renewable Energy Agency motion of justice, and leadership. The State

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VerDate Aug 31 2005 03:27 Mar 05, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K04MR8.006 E04MRPT1 ccoleman on PRODPC75 with REMARKS Tuesday, March 4, 2008 Daily Digest Senate form the Consumer Product Safety Commission to Chamber Action provide greater protection for children’s products, to Routine Proceedings, pages S1487–S1547 improve the screening of noncompliant consumer Measures Introduced: Fifteen bills and four resolu- products, to improve the effectiveness of consumer tions were introduced, as follows: S. 2688–2702, and product recall programs, after agreeing to the motion S. Res. 469–472. Pages S1521–22 to proceed, and taking action on the following amendments proposed thereto: Pages S1495–S1518 Measures Reported: Rejected: S. 1675, to implement the recommendations of DeMint Amendment No. 4095, in the nature of the Federal Communications Commission report to a substitute. (By 57 yeas to 39 nays (Vote No. 37), the Congress regarding low-power FM service, with Senate tabled the amendment.) an amendment. (S. Rept. No. 110–271) Pages S1502–10, S1515–18 H.R. 1469, to establish the Senator Paul Simon Pending: Study Abroad Foundation under the authorities of the Mutual Educational and Cultural Exchange Act Pryor Amendment No. 4090, of a technical na- of 1961, with amendments. (S. Rept. No. 110–272) ture. Pages S1495–S1502 H.R. 2798, to reauthorize the programs of the Cornyn Amendment No. 4094, to prohibit State Overseas Private Investment Corporation, with an attorneys general from entering into contingency fee amendment in the nature of a substitute. (S. Rept. agreements for legal or expert witness services in cer- No. 110–273) tain civil actions relating to Federal consumer prod- uct safety rules, regulations, standards, certification Measures Passed: or labeling requirements, or orders. Honoring the Life of Myron Cope: Committee on Pages S1498, S1502–06 the Judiciary was discharged from further consider- DeMint Amendment No. 4096, to strike section ation of S. Res. 467, honoring the life of Myron 21, relating to whistleblower protections. Cope, and the resolution was then agreed to. Pages S1502–10 Pages S1545–46 Feinstein Amendment No. 4104, to prohibit the National Glanzmann’s Thrombasthenia Aware- manufacture, sale, or distribution in commerce of ness Day: Senate agreed to S. Res. 471, designating certain children’s products and child care articles March 1, 2008, as ‘‘National Glanzmann’s that contain specified phthalates. Pages S1510–15 Thrombasthenia Awareness Day’’. Page S1546 A unanimous-consent agreement was reached pro- viding for further consideration of the bill at ap- Commending the Employees of the Department proximately 10:30 a.m., on Wednesday, March 5, of Homeland Security: Senate agreed to S. Res. 472, 2008. Page S1547 commending the employees of the Department of Homeland Security, their partners at all levels of Budget Committee—Agreement: A unanimous- government, and the millions of law enforcement, consent agreement was reached providing that, not- fire service, and emergency medical services per- withstanding Rule XXVI, paragraph 7 of the Stand- sonnel, emergency managers, and other emergency ing Rules of the Senate and Rule 3 of the Senate response providers nationwide for their dedicated Committee on the Budget Rules, that any member service in protecting the people of the United States of the Committee be permitted to vote by proxy, and the Nation from acts of terrorism, natural disas- with the concurrence of the Chair and Ranking ters, and other large-scale emergencies. Member of the Committee, at the meeting of the Pages S1546–47 Senate Committee on the Budget on Thursday, March 6, 2008, and that any vote cast on behalf of Measures Considered: that member, by proxy in the Committee on the Consumer Product Safety Commission Reform Budget on that date, be treated by the Committee Act: Senate began consideration of S. 2663, to re- as if that member were physically present, but the D219

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treatment facility, by a 2⁄3 yea-and-nay vote of 377 Chamber Action yeas with none voting ‘‘nay’’, Roll No. 89; Public Bills and Resolutions Introduced: 9 public Pages H1193, H1205–06 bills, H.R. 5522–5530; and 11 resolutions, H. Con. Agreed to amend the title so as to read: ‘‘To pro- Res. 306–309; and H. Res. 1013, 1016–1021 were vide for the conveyance of the Alta-Hualapai Site to introduced. Pages H1219–20 the Nevada Cancer Institute, and for other pur- Additional Cosponsors: Pages H1220–22 poses.’’. Page H1206 Reports Filed: Reports were filed today as follows: Port Chicago Naval Magazine National Memo- H.R. 1424, to amend section 712 of the Em- rial Enhancement Act of 2007: H.R. 3111, amend- ployee Retirement Income Security Act of 1974, sec- ed, to provide for the administration of Port Chicago tion 2705 of the Public Health Service Act, and sec- Naval Magazine National Memorial as a unit of the tion 9812 of the Internal Revenue Code of 1986 to National Park System; Pages H1194–95 require equity in the provision of mental health and Ensuring that hunting remains a purpose of the substance-related disorder benefits under group New River Gorge National River: H.R. 5137, to health plans, with an amendment (H. Rept. ensure that hunting remains a purpose of the New 110–374, Pt. 3); River Gorge National River; Page H1195 H.R. 1084, to amend the Foreign Assistance Act Recognizing the 60th anniversary of Everglades of 1961, the State Department Basic Authorities Act National Park: H. Res. 845, amended, to recognize of 1956, and the Foreign Service Act of 1980 to the 60th anniversary of Everglades National Park; build operational readiness in civilian agencies, with Pages H1195–97 an amendment (H. Rept. 110–537); Honoring the life of Marjory Stoneman Douglas, H. Res. 1014, providing for consideration of the champion of the Florida Everglades and founder of bill (H.R. 1424) to amend section 712 of the Em- Florida’s environmental movement: H. Res. 807, ployee Retirement Income Security Act of 1974, sec- amended, to honor the life of Marjory Stoneman tion 2705 of the Public Health Service Act, and sec- Douglas, champion of the Florida Everglades and tion 9812 of the Internal Revenue Code of 1986 to founder of Florida’s environmental movement; require equity in the provision of mental health and Pages H1197–98 substance-related disorder benefits under group health plans (H. Rept. 110–538); and Orchard Detention Basin Flood Control Act: H.R. 816, amended, to provide for the release of cer- H. Res. 1015, providing for consideration of the tain land from the Sunrise Mountain Instant Study bill (H.R. 2857) to reauthorize and reform the na- Area in the State of Nevada and to grant a right- tional service laws (H. Rept. 110–539). Page H1219 of-way across the released land for the construction Speaker: Read a letter from the Speaker wherein she and maintenance of a flood control project, by a 2⁄3 appointed Representative Roybal-Allard to act as yea-and-nay vote of 375 yeas with none voting Speaker Pro Tempore for today. Page H1189 ‘‘nay’’, Roll No. 90; Pages H1198–99, H1206 Recess: The House recessed at 12:40 p.m. and re- Bountiful City Land Consolidation Act: H.R. convened at 2 p.m. Page H1190 3473, amended, to provide for a land exchange with Journal: The House agreed to the Speaker’s approval the City of Bountiful, Utah, involving National For- of the Journal by voice vote. Page H1191 est System land in the Wasatch-Cache National For- Suspensions: The House agreed to suspend the rules est and to further land ownership consolidation in and pass the following measures: that national forest; Pages H1199–H1200 Authorizing the Secretary of the Interior to lease Commemorating the 200th anniversary of Con- certain lands in Virgin Islands National Park: gressional Cemetery: H. Res. 698, to commemorate H.R. 1143, amended, to authorize the Secretary of the 200th anniversary of Congressional Cemetery; the Interior to lease certain lands in Virgin Islands and Pages H1200–01 National Park, by a 2⁄3 yea-and-nay vote of 378 yeas Jupiter Inlet Lighthouse Outstanding Natural with none voting ‘‘nay’’, Roll No. 88; Area Act of 2007: H.R. 1922, amended, to des- Pages H1192, H1204–05 ignate the Jupiter Inlet Lighthouse and the sur- Nevada Cancer Institute Expansion Act: H.R. rounding Federal land in the State of Florida as an 1311, amended, to direct the Secretary of the Inte- Outstanding Natural Area and as a unit of the Na- rior to convey the Alta-Hualapai Site to the city of tional Landscape System. Pages H1201–03 Las Vegas, Nevada, for the development of a cancer

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Pages H1201–02 David Satterfield, Senior Adviser, Coordinator for Iraq; Recess: The House recessed at 2:55 p.m. and recon- and Mary Beth Long, Assistant Secretary, International vened at 6:30 p.m. Page H1204 Security Affairs, Department of Defense. Calendar Wednesday: Agreed to dispense with the PAUL WELLSTONE MENTAL HEALTH AND Calendar Wednesday business of Wednesday, March ADDICTION EQUITY ACT OF 2007 5th. Page H1204 Committee on Rules: Granted, by voice vote, a closed Suspension—Proceedings Postponed: The House rule providing for consideration of H.R. 1424, the debated the following measure under suspension of Paul Wellstone Mental Health and Addiction Equity the rules. Further proceedings were postponed until Act of 2007. The rule provides two hours of general Wednesday, March 5th: debate in the House with 40 minutes equally di- Wright Brothers-Dunbar National Historical vided and controlled by the Chairman and Ranking Park Designation Act: H.R. 4191, to redesignate Minority Member of the Committee on Energy and Dayton Aviation Heritage National Historic Park in Commerce, 40 minutes equally divided and con- the State of Ohio as ‘‘Wright Brothers-Dunbar Na- trolled by the Chairman and Ranking Minority tional Historic Park’’. Pages H1203–04 Member of the Committee on Ways and Means, and 40 minutes equally divided and controlled by the Presidential Messages: Read a message from the Chairman and Ranking Minority Member of the President wherein he transmitted the 2008 National Committee on Education and Labor. The rule waives Drug Control Strategy—referred to the Committees all points of order against consideration of the bill on Armed Services, Education and Labor, Energy and except for clauses 9 and 10 of rule XXI. The rule Commerce, Foreign Affairs, Homeland Security, the provides that the bill shall be considered as read. Judiciary, Natural Resources, Oversight and Govern- The rule provides that in lieu of the amendments ment Reform, Small Business, Transportation and recommended by the Committees on Energy and Infrastructure, Veterans’ Affairs, and Ways and Commerce, Ways and Means, and Education and Means and ordered printed (H. Doc. 110–98) and Labor, the amendment in the nature of a substitute Pages H1191–92 printed in this report shall be considered as adopted. Read a message from the President wherein he no- The rule waives all points of order against the bill tified Congress of the continuation of the national as amended. The rule provides one motion to recom- emergency declared with respect to the actions and mit with or without instructions. The rule provides policies of certain members of the Government of that in the engrossment of H.R. 1424, the text of Zimbabwe—referred to the Committee on Foreign H.R. 493, as passed the House, shall be added at the Affairs and ordered printed (H. Doc. 110–99). end of H.R. 1424. Finally, the rule provides that the Page H1207 Chair may postpone further consideration ofthe bill Quorum Calls—Votes: Three yea-and-nay votes de- to a time designated by the Speaker. Testimony was veloped during the proceedings of today and appear heard from Representatives Pallone, George Miller of on pages H1204–05, H1205–06, H1206. There California, Hinojosa, Stark, Kennedy of Rhode Is- were no quorum calls. land, Wilson of New Mexico, Ramstad, Hastings of Washington and Broun of Georgia. Adjournment: The House met at 12:30 p.m. and adjourned at 9:04 p.m. GENERATIONS INVIGORATING VOLUNTEERISM AND EDUCATION ACT Committee on Rules: Granted, by voice vote, a struc- Committee Meetings tured rule providing one hour of general debate on H.R. 2857, to reauthorize and reform the national IMPROVING SCHOOL NUTRITION service laws, equally divided and controlled by the Committee on Education and Labor: Held a hearing on chairman and ranking minority member of the Com- Challenges and Opportunities for Improving School mittee on Education and Labor. The rule waives all Nutrition. Testimony was heard from Kate Houston, points of order against consideration of the bill ex- Deputy Under Secretary, Food, Nutrition and Con- cept clauses 9 and 10 of rule XXI. The rule provides sumer Services, USDA; and public witnesses. that the amendment in the nature of a substitute

VerDate Aug 31 2005 04:46 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 J:\CRONLINE\2008BA~2\2008NE~2\D04MR8.REC D04MR8 mmaher on PROD1PC76 with CONG-REC-ONLINE D224 CONGRESSIONAL RECORD — DAILY DIGEST March 4, 2008 recommended by the Committee on Education and estimates for fiscal year 2009 for the Department of the Labor now printed in the bill shall be considered as Treasury, 3 p.m., SD–138. an original bill for the purpose of amendment and Committee on Armed Services: to hold hearings to examine shall be considered as read. The rule waives all the defense authorization request for fiscal year 2009, for points of order against the amendment in the nature the Department of the Air Force, and the future years de- of a substitute except for clause 10 of rule XXI. The fense program, 9:30 a.m., SH–216. Subcommittee on Personnel, to hold hearings to exam- rule makes in order only those amendments printed ine the findings and recommendations of the Department in this report. The amendments made in order may of Defense Task Force on Mental Health, the Army’s be offered only in the order printed in this report, Mental Health Advisory Team reports, and Department may be offered only by a Member designated in this of Defense and servicewide improvements in mental report, shall be considered as read, shall be debatable health resources, including suicide prevention, for for the time specified in this report equally divided servicemembers and their families, 2:30 p.m., SR–232A. and controlled by the proponent and an opponent, Committee on the Budget: business meeting to mark up shall not be subject to amendment, and shall not be the concurrent resolution on the budget for fiscal year subject to a demand for a division of the question 2009, 2:30 p.m., SD–608. in the House or in the Committee of the Whole. All Committee on Energy and Natural Resources: business points of order against the amendments except for meeting to consider the nomination of J. Gregory Copeland, of Texas, to be General Counsel of the Depart- clauses 9 and 10 of rule XXI are waived. The rule ment of Energy, 11:15 a.m., SD–366. provides one motion to recommit with or without Full Committee, to hold an oversight hearing to exam- instructions. The rule provides that, notwithstanding ine the initial amendment between the United States and the operation of the previous question, the Chair the Russian Federation on the Agreement Suspending the may postpone further consideration of the bill to a Antidumping Investigation on Uranium from the Russian time designated by the Speaker. Testimony was Federation, 3 p.m., SD–366. heard from Representatives McCarthy of New York, Committee on Foreign Relations: to hold hearings to exam- Matsui, Sutton, Platts, and English. ine strengthening national security, focusing on smart power and military perspective, 9:30 a.m., SD–419. Committee on Health, Education, Labor, and Pensions: busi- Joint Meetings ness meeting to consider S. 579, to amend the Public NATO ENLARGEMENT Health Service Act to authorize the Director of the Na- tional Institute of Environmental Health Sciences to make Commission on Security and Cooperation in Europe: Com- grants for the development and operation of research cen- mission concluded a hearing to examine enlargement ters regarding environmental factors that may be related issues facing the North Atlantic Treaty Organization to the etiology of breast cancer, S. 1810, to amend the (NATO) prior to the summit in Bucharest, Roma- Public Health Service Act to increase the provision of sci- nia, focusing on democratic development, after re- entifically sound information and support services to pa- ceiving testimony from Michael Haltzel, Johns Hop- tients receiving a positive test diagnosis for Down syn- kins University Paul H. Nitze School of Advanced drome or other prenatal and postnatal diagnosed condi- International Studies Center for Transatlantic Rela- tions, S. 999, to amend the Public Health Service Act to tions, and Steven Pifer, former U.S. Ambassador to improve stroke prevention, diagnosis, treatment, and re- Ukraine, and Janusz Bugajski, both of the Center for habilitation, S. 1760, to amend the Public Health Service Strategic and International Studies, all of Wash- Act with respect to the Healthy Start Initiative, H.R. 20, to provide for research on, and services for individuals ington, D.C. with, postpartum depression and psychosis, and S. 1042, f to amend the Public Health Service Act to make the pro- vision of technical services for medical imaging examina- COMMITTEE MEETINGS FOR WEDNESDAY, tions and radiation therapy treatments safer, more accu- MARCH 5, 2008 rate, and less costly, and any pending nominations, 9:30 (Committee meetings are open unless otherwise indicated) a.m., SD–430. Subcommittee on Children and Families, to hold hear- Senate ings to examine the rising cost of heating homes, focus- Committee on Appropriations: Subcommittee on Energy ing on Low Income Home Energy Assistance Program and Water Development, to hold hearings to examine (LIHEAP), 10:30 a.m., SD–430. proposed budget estimates for fiscal year 2009 for the Committee on Homeland Security and Governmental Affairs: Department of Energy, 9:30 a.m., SD–124. to hold hearings to examine census in peril, focusing on Subcommittee on Defense, to hold hearings to examine getting the 2010 decennial back on track, 9:30 a.m., proposed budget estimates for fiscal year 2009 for the SD–342. Department of the Navy, 10:30 a.m., SD–192. Subcommittee on Federal Financial Management, Gov- Subcommittee on Financial Services and General Gov- ernment Information, Federal Services, and International ernment, to hold hearings to examine proposed budget Security, to hold hearings to examine the state of the

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United States Postal Service one year after reform, 2:30 Company, for testimony regarding the circumstances sur- p.m., SD–342. rounding his company’s recent recall of over 143 million Committee on the Judiciary: to continue oversight hear- pounds of beef products after the USDA determined the ings to examine the Federal Bureau of Investigation, 10 products were unfit for human consumption, 9:30 a.m., a.m., SD–106. 2322 Rayburn. Special Committee on Aging: to hold hearings to examine Subcommittee on Telecommunications and the Inter- elderly hunger in America, focusing on the steps needed net, hearing entitled ‘‘Competition in the Sports Pro- to prevent this now and in the future, 10:30 a.m., gramming Marketplace,’’ 9:30 a.m., 2123 Rayburn. SD–562. Committee on Financial Services, Subcommittee on Do- House mestic and International Monetary Policy, Trade and Technology, and the Subcommittee on Capital Markets Committee on Appropriations, Subcommittee on Com- Insurance and Government Sponsored Enterprises, joint merce, Justice, Science, and Related Agencies, Economic hearing entitled ‘‘ Foreign Government Investment in the Development Administration, 10 a.m., H–309 Rayburn, U.S. Economy and Financial Sector,’’ 2:30 p.m., 2128 and on NASA, 2 p.m., 2358–C Rayburn. Rayburn. Subcommittee on Defense, on Air Force, Contract Committee on Foreign Affairs, Subcommittee on the award for tanker replacement, 10 a.m., and, executive, on Western Hemisphere, hearing on With Castro Stepping U.S. Central Command, 3 p.m., H–140 Capitol. Down, What’s Next for Cuba and the Western Hemi- Subcommittee on Financial Services and General Gov- sphere? 2 p.m., 2175 Rayburn. ernment, on Department of the Treasury, 10 a.m., 2359 Committee on Homeland Security, Subcommittee on Rayburn. Emerging Threats, Cybersecurity and Science and Tech- Subcommittee on Homeland Security, on Coast Guard nology, hearing entitled ‘‘Nuclear Smuggling Detection: 2009 Budget Impact on Maritime Safety, Security, and Recent Tests of Advanced Spectroscopic Portal Monitors,’’ Environment, 10 a.m., 2362–B Rayburn. 2 p.m., 311 Cannon. Subcommittee on Labor, Health and Human Services, Committee on the Judiciary, to mark up a resolution es- Education, and Related Agencies, on Expanding Health tablishing the Task Force on Competition Policy and Care Access, 10 a.m., 2358–C; and on Health Issues and Antitrust Laws; followed by an oversight hearing on the Opportunities at the National Institutes of Health, Cen- ters for Disease Control and Prevention, Substance Abuse Department of Homeland Security, 9:30 a.m., 2141 Ray- and Mental Health Services Administration, and Agency burn. for Healthcare Research and Quality/Fiscal Year 2009 Committee on Natural Resources, oversight hearing enti- Budget Overview, 2 p.m., 2359 Rayburn. tled ‘‘Poaching American Security: Impacts of Illegal Subcommittee on Legislative Branch, on Library of Wildlife Trade,’’ 9:30 a.m., 1324 Longworth. Congress, 10 a.m., H–144 Capitol. Committee on Oversight and Government Reform, Sub- Committee on Armed Services, hearing on the Fiscal Year committee on National Security, and Foreign Affairs, 2009 National Defense Authorization Budget Request hearing on Oversight of Ballistic Missile Defense (Part I): from the U.S. Central Command and the U.S. Special Threats, Realities, and Tradeoffs, 10 a.m., 2154 Rayburn. Operations, 10 a.m., 2118 Rayburn. Committee on Science and Technology, Subcommittee on Subcommittee on Strategic Forces, hearing on Fiscal Energy and Environment, hearing on the Department of Year 2009 National Defense Authorization Budget Re- Energy Fiscal Year 2009 Research and Development quest and Status for Space Activities, 3 p.m., 2212 Ray- Budget Request, 10 a.m., 2318 Rayburn. burn. Committee on Small Business, Subcommittee on Finance Subcommittee on Terrorism, Unconventional Treats and Tax, hearing on Improving the SBA’s Access to Cap- and Capabilities, hearing on Fiscal Year 2009 National ital Programs for our Nation’s Small Businesses, 2 p.m., Defense Authorization Budget Request from U.S. Special 2360 Rayburn. Operations Command and U.S. Northern Command, 1:30 Committee on Transportation and Infrastructure, Sub- p.m., 2118 Rayburn. committee on Railroads, Pipelines, and Hazardous Mate- Committee on the Budget, to mark up the Concurrent rials, hearing on Investment in the Rail Industry, 11 Resolution on the Budget for Fiscal Year 2009, 10:30 a.m., 2167 Rayburn. a.m., 210 Cannon. Committee on Ways and Means, Subcommittee on Select Committee on Energy and Commerce, Subcommittee on En- Revenue Measures, hearing on Tax Treatment of Deriva- ergy and Air Quality, hearing entitled ‘‘Climate Change: tives, 10 a.m., 1100 Longworth. Competitiveness and Prospects for Engaging Developing Permanent Select Committee on Intelligence, executive, brief- Countries,’’ 10:30 a.m., 2322 Rayburn. ing on FISA Part II, 1:30 p.m., H–405 Capitol. Subcommittee on Oversight and Investments, to au- Subcommittee on Terrorism, Human Intelligence, thorize the issuance of a subpoena ad testificadum to Ste- Analysis and Counterintelligence, executive, briefing on ven E. Mendell, President of Hallmark/Westland Meat FBI Intelligence Reforms, 8:45 a.m., H–405 Capitol.

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Next Meeting of the SENATE Association League 58 years ago; (4) H.R. 5220—The 9:30 a.m., Wednesday, March 5 ‘Major Arthur Chin Post Office Building’ Designation Act; (5) H.R. 5400—The ‘Sgt. Michael M. Kashkoush Post Office Building’ Designation Act; (6) H.R. 1084— Senate Chamber Reconstruction and Stabilization Civilian Management Act of 2007; (7) H. Con. Res. 278—Supporting Taiwan’s Program for Wednesday: After the transaction of any fourth direct and democratic presidential elections in morning business (not to extend beyond 60 minutes), March 2008; (8) S.J. Res. 25—Providing for the re- Senate will continue consideration of S. 2663, Consumer appointment of John W. McCarter as a citizen regent of Product Safety Commission Reform Act. the Board of Regents of the Smithsonian Institution; (9) H.R. 5159—Capitol Visitor Center Act of 2008; (10) H. Con. Res. 307—Expressing the sense of Congress that Next Meeting of the HOUSE OF REPRESENTATIVES Members’ Congressional papers must be properly main- 10 a.m., Wednesday, March 5 tained and encouraging Members to take all necessary measures to manage and preserve these papers; (11) H. Res. 1007—Expressing the condolences of the House to House Chamber those affected by the devastating shooting incident of February 14, 2008, at Northern Illinois University in Program for Wednesday: Consideration of the following DeKalb, Illinois; and (12) H. Res. 1013—Expressing the suspensions: (1) H. Con. Res. 292—Honoring Margaret sense of the Congress that providing breakfast in schools Truman Daniel and her lifetime of accomplishments; (2) through the National School Breakfast Program has a H.R. 5168—The ‘Cody Grater Post Office Building’ Des- positive impact on classroom performance. Possible con- ignation Act; (3) H. Con. Res. 286—Expressing the sense sideration of H.R. 1424—Paul Wellstone Mental Health of Congress that Earl Lloyd should be recognized and and Addiction Equity Act of 2007 (Subject to a Rule) honored for breaking the color barrier and becoming the and H.R. 2857—Generations Invigorating Volunteerism first African-American to play in the National Basketball and Education (GIVE) Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE McMorris Rodgers, Cathy, Wash., E293 Schiff, Adam B., Calif., E287, E291 Marchant, Kenny, Tex., E292 Schwartz, Allyson Y., Pa., E288, E291, E294 Ehlers, Vernon J., Mich., E289 Markey, Edward J., Mass., E296 Shea-Porter, Carol, N.H., E289 Engel, Eliot L., N.Y., E293 Mitchell, Harry E., Ariz., E294, E295, E296 Stupak, Bart, Mich., E288 Fattah, Chaka, Pa., E287, E290 Moore, Gwen, Wisc., E288, E291 Udall, Tom, N.M., E289 Fortenberry, Jeff, Nebr., E290 Neugebauer, Randy, Tex., E295 Upton, Fred, Mich., E295 Hastings, Alcee L., Fla., E294 Payne, Donald M., N.J., E288, E291 Visclosky, Peter J., Ind., E292 Kanjorski, Paul E., Pa., E287, E290 Pickering, Charles W. ‘‘Chip’’, Miss., E296 Woolsey, Lynn C., Calif., E293 Langevin, James R., R.I., E295 Rangel, Charles B., N.Y., E293 Lewis, Ron, Ky., E290 Rohrabacher, Dana, Calif., E295

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