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

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

Vol. 154 WASHINGTON, TUESDAY, MAY 6, 2008 No. 74 House of Representatives The House met at 10:30 a.m. and was running for the Senate, our former col- most people in the House and the Sen- called to order by the Speaker pro tem- league, Rick Lazio, called for sus- ate. pore (Mr. PASTOR). pending the 18.3 cent Federal gas tax And, of course, the irony as Senator and actually repealing the 4.3 cent per f CLINTON herself intimated is that this gallon surcharge that had been en- gas tax holiday is actually a holiday DESIGNATION OF SPEAKER PRO acted. ‘‘What Mrs. CLINTON needs to for the big producers, refiners and im- TEMPORE do,’’ he said, ‘‘is get out of the motor- porters. They’re the ones who pay the The SPEAKER pro tempore laid be- cade, get out of fantasyland and get in tax. The tax is charged to them. In fore the House the following commu- contact with the issues that are affect- nication from the Speaker: ing real New Yorkers, the prices at the order for any of the savings to trickle down to the pockets of motorists, the WASHINGTON, DC, pump.’’ May 6, 2008. It’s instructive what then candidate oil and gas interests would have to de- I hereby appoint the Honorable ED PASTOR CLINTON had to say. She and her aides cide that they’re going to pass their to act as Speaker pro tempore on this day. fired back immediately at Mr. Lazio savings on to the rest of us. As Senator NANCY PELOSI, for offering what they said was a short- CLINTON pointed out in 2000, it’s a po- Speaker of the House of Representatives. sighted solution that could jeopardize tential bonanza for them. There’s no f money to fix highways. In fact, they indication that they’re looking to MORNING-HOUR DEBATE handed out fliers that used quotes from share. Look at what they did with Republican leaders to bolster her point record profits of $10.6 billion for The SPEAKER pro tempore. Pursu- that repealing the gas tax surcharge ExxonMobil. Did they use that extra ant to the order of the House of Janu- could be harmful. The Republicans dis- money to reduce prices at the pump? ary 4, 2007, the Chair will now recog- couraged such measures, the flier said, nize Members from lists submitted by because they could diminish highway The good news is that the American the majority and minority leaders for construction money. public is not buying this political morning-hour debate. Senator CLINTON said, in debating trick. Even though they are aggravated f Mr. Lazio: at spiraling high gas prices and some- ‘‘We’re totally reliant on the gas tax body is offering them, in a sense, free FEDERAL GAS TAX HOLIDAY A to do things like finishing I–86 in the money, the American public sees BAD IDEA Southern Tier, or the fast-ferry harbor through that. Fifty-one percent agree The Chair recognizes the gentleman works up in Rochester, as well as work that it is a bad idea, even in the face of from Oregon (Mr. BLUMENAUER) for 5 we need to do here in the city. So you high gas prices. Even more tellingly, in minutes. can count on me to support infrastruc- the New York Times survey published Mr. BLUMENAUER. Thank you very ture,’’ as she explained her opposition. yesterday, when the public was asked much, Mr. Speaker. And indeed she lashed out at the plan are politicians proposing this tax holi- One of the most disappointing turns for the outright repeal of the 4.3 cent day because it’s good for America or in the current campaign has been the gas tax, calling it ‘‘a bad deal for New because it’s good, they think, for the proposal of Senator CLINTON and Sen- York and a potential bonanza for the politicians, 70 percent said CLINTON and ator MCCAIN for the ‘‘gas tax holiday.’’ oil companies.’’ MCCAIN are doing this because it’s good One doesn’t want to be cynical, but Well, the facts that Senator CLINTON for the politicians, not for America. thinking back to Senator MCCAIN’s argued in 2000 are still true today. The Straight Talk Express in the year 2000, timing, if anything, is worse, because Mr. Speaker, I hope that we can get it would be hard to imagine that he for the first time in history, the Fed- past the campaign silly season, that thought it was a good idea back then, eral highway trust fund is going into people explain to Senator MCCAIN and that he wouldn’t have stooped to this deficit, and this would call for an addi- Senator CLINTON that their earlier op- political trick. It wouldn’t have been tional reduction of $9 billion to $10 bil- position is more important today. This consistent with what he was saying and lion and 300,000 highway construction is one area ought to be beyond sort of how he represented himself. jobs. It actually is coming at a time the partisan political warfare: It is As far as Senator CLINTON is con- when we should as a country be finding time for us to rebuild and renew Amer- cerned, we don’t have to guess about ways to invest more in infrastructure, ica, to deal with the first deficit in the her position in 2000. We know because not less. Virtually every independent trust fund, and not play political her opponent in 2000 when she was first expert acknowledges that as well as games.

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 00:34 May 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.000 H06MYPT1 jbell on PROD1PC69 with HOUSE H3054 CONGRESSIONAL RECORD — HOUSE May 6, 2008 NON ENERGY POLICY tries, foreign dictators like Chavez And that’s just the way it is. The SPEAKER pro tempore. The down there in Venezuela and OPEC, f they set the price on crude oil in the Chair recognizes the gentleman from ENERGY PLAN NOW Texas (Mr. POE) for 5 minutes. world, not American oil companies. So Mr. POE. Mr. Speaker, as gasoline we need to take care of ourselves. The SPEAKER pro tempore. The prices soar, as our truckers are about Now here’s a map, Mr. Speaker. We Chair recognizes the gentleman from to sit on the side of the road because drill off the coast of Texas, where I’m South Carolina (Mr. BARRETT) for 1 they can’t get enough money to buy from, we drill off Louisiana and part of minute. fuel for those diesel trucks that they’re Mississippi and Alabama. But you see Mr. BARRETT of South Carolina. driving up and down our highways to all these red zones here? Even off the Thank you, Mr. Speaker. This past week for the first time, deliver goods, people are wondering, sacred coast of California, there’s crude some Americans paid $4 a gallon for how did we get here? oil out there and we can drill for crude Well, there are several reasons how oil but this Congress won’t let us take gas. The national average for regular we got in this mess, and Congress is care of ourselves. Why? Because the en- unleaded gasoline now is $3.61 a gallon. partly to blame. First of all, we had vironmental lobby is so strong in this Americans have never paid such a tre- this theory that ethanol is going to Congress that they have had fear tac- mendous amount of their hard-earned save us all, so we subsidized the pro- tics that prevent us from drilling here, dollars on gasoline, Mr. Speaker, and duction of ethanol. What that has done off the east coast, and way up here in the high gasoline prices are taking a toll on their pocketbooks. is drive food prices up around the ANWR in Alaska. Open up the Outer Many issues are responsible for the world, because in the United States, in- Continental Shelf and start drilling. You might be interested to know higher gas prices, but in order to lessen stead of eating corn or letting it go to America’s dependency on foreign and feed our beef, we’re burning it in our right here off of Florida, 47.5 miles, there’s a new rig going out there and unstable energy sources, we need to be vehicles, and that’s caused world food looking right here at home. We’re rely- prices to go up, not just in the United it’s built by the Chinese and the Cu- bans because there’s an oil field out ing too much on foreign energy sources States but all over the world. and our dependency on these sources is Costco and Sam’s Club are now ra- there. But we won’t drill there. a risk for our national security. We tioning rice. Who would have thought So we need to drill offshore. And we have natural and technological rein this year, 2008, in America we can’t need to let our refineries produce more. sources to support domestic production buy rice because we’re tilling up our They’re producing all they can and because they can only produce so much, and find oil sources here at home. We soil and burning crops. We’re also find- can increase our domestic energy ex- ing out that ethanol can’t save us all we’re importing gasoline into this country for the first time, or one of the ploration and production in the U.S. because, promised to be a nonpollut- while also utilizing alternative energy ant, that’s wrong. Science Magazine first times in our history. We haven’t built a new refinery in 30 sources such as hydrogen, wind and has now reported that ethanol causes years. Why? Silly environmental re- solar power. more pollution than that nasty old strictions. Nobody wants pollution, but Citizens can’t afford the price of gas. crude oil that we produce. There are a we need to get back to common sense For our people, for our country, the lot of reasons for that. One of those and let our refineries refine. majority must bring an energy solu- reasons is because it takes a lot of fer- Right here where I represent in tion to the floor now so that American tilizer to produce corn, and that fer- southeast Texas, most of the refineries families are no longer paying an un- tilizer runs down the Mississippi River. for this country are right there. Pro- precedented $4 a gallon for gas. And when it gets down in the Gulf of duces 22 percent of the Nation’s jet f Mexico that nitrogen in the fertilizer fuel. kills everything, except algae, and that Now let’s talk about jet fuel. This RECOGNIZING EAGLE SCOUT is called a dead zone. Dead, because Congress passed a bill recently that CHARLES ‘‘ANDREW’’ WILKINS nothing is there except algae. says we cannot explore or take crude The SPEAKER pro tempore. The So what we ought to do is quit the oil out of the tar sands in Canada. Can- Chair recognizes the gentleman from subsidies to ethanol. Let the world ada is one of our biggest importers of Virginia (Mr. WITTMAN) for 1 minute. market handle whether we should use crude oil. Mr. WITTMAN. Mr. Speaker, I rise ethanol or not and stop those subsidies. Now what does that mean? That today to recognize Charles ‘‘Andrew’’ The second thing that’s a problem means because the crude oil is in the Wilkins, a great young man who has but we don’t talk much about is the sand, we can’t take it into the United exemplified the finest qualities of citi- value of the American dollar gets less States. Well, who uses that? The zenship and leadership by taking an ac- and less on the world market. It’s less United States Air Force turns that into tive part in the Boy Scouts of America, this week than it was last week. Why? jet fuel. Doesn’t anybody understand Troop 250, and in earning the most Because the Federal Reserve doesn’t we’re at war? Our airplanes need to be prestigious award of Eagle Scout. regulate the dollar. It regulates inter- flying. But because of this Congress, Andrew has been an active member of est rates. Well, maybe that isn’t just they cannot import that. And now his Scout troop, participating in many what the Constitution says. When in where are we going to get our jet fuel activities. Over the many years An- doubt, sometimes we ought to just read to fuel the Air Force? Silly restriction drew has been involved with Scouting, the Constitution. It says Congress has passed by this Congress. So let’s re- he has earned 21 merit badges, spent 47 the responsibility ‘‘to coin money and move that restriction as well. nights camping, and served as Senior regulate the value thereof.’’ We have Some people say, Well, let’s tax those Patrol Leader for 2 years. Andrew was the responsibility to set the price on mean old oil companies. We’ll show also elected to be a member of the the dollar and we should do so. Sta- them. Also, we’ll tax people to drive. Order of the Arrow, scouting’s national bilize the dollar so it doesn’t cost us Let me tell you something. That idea camping honor society. more to buy gasoline every week. That is to punish people who drive. Now For his Eagle Scout project, Andrew is our responsibility and we can’t pass where I live, down here in southeast coordinated the construction of the it off to someone else. Texas, we don’t have any subways. No- Northumberland County Fallen Heroes Third. The crude oil supply in the body rides a choo-choo train to work. Memorial located in front of the sher- United States, which we still drive our The closest subway is in Dallas, 250 iff’s office in Heathsville, Virginia. cars based upon crude oil production, is miles away. They drive pickup trucks This monument is a memorial to Dep- getting less. It’s an economic fact that because they work the land, they farm uty Sheriff John Sanford who was third graders learn—the less supply the land, and they can’t buy the diesel killed in the line of duty in 2005. you have, the higher rate of cost. And, fuel to run their trucks. Andrew is a senior at Northumber- of course, those oil companies that ev- So here are some ideas, Mr. Speaker, land High School, and plans to con- erybody wants to punish, the American that we ought to do and change the tinue serving his community and our oil companies only control 10 percent policy that this Congress has imple- country in the United States Coast of the world market. Foreign coun- mented. Guard.

VerDate Aug 31 2005 00:34 May 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.004 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3055 Mr. Speaker, I proudly ask you to if this package will give our men and observe National Peace Officers Memo- join me in commending Charles ‘‘An- women in uniform the resources that rial Day to honor those who have been drew’’ Wilkins for his accomplishments they need to protect themselves. We disabled or killed in the line of duty. with the Boy Scouts of America and for don’t know if this package will address They have made the ultimate sacrifice his efforts put forth in achieving the price of gasoline or the price of food. for the safety of their fellow citizens. highest distinction of Eagle Scout. We don’t know if this package will en- The peace of mind we are afforded f sure that our veterans are properly thanks to the dedicated service of our taken care of. law officers is invaluable, but many LET’S WORK TOGETHER ON THE The experts, the men and women, times we aren’t immediately aware at SUPPLEMENTAL Democrat and Republican, who serve in what price that security comes. How- The SPEAKER pro tempore. The Congress on the committee could an- ever, this past weekend, my constitu- Chair recognizes the gentleman from swer these questions. We spend time ents and I were painfully reminded me Kansas (Mr. TIAHRT) for 5 minutes. overseeing the process, the funding of the very real danger that our law en- Mr. TIAHRT. I thank the Speaker. needs of our agencies, but we’ve been forcement officers and agents battle Mr. Speaker, they say that in Amer- cut out of the process. In other words, daily. On Saturday, May 3, hundreds ica all you need to do to be successful the people’s representatives have been and hundreds of us mourned the loss of is to work a half a day, and you can cut out of the process. How do the Texas State Trooper James Scott choose whether it’s the first 12 hours or American people feel about a $250 bil- Burns at his funeral in Linden. Scott the second 12 hours. The American peo- lion monstrosity that has no input was killed by shotgun blasts from a ple probably expect double from their from their representatives? Unless killer who he chased and pulled over on government these days when we have you’re from San Francisco, who will be April 29 while doing his job of service to his fellow citizens. He left a widow serious challenges to our economic and represented in this bill? national security. So what is Congress Mr. Speaker, the chairman of the and a 6-month-old daughter, of whom doing? Are we doing what it takes to be House Appropriations Committee, he was extremely proud. He also left a huge family that was both related by successful to solve these problems? No. DAVID OBEY, and I are friends. Last blood and related by spirit who care We’re not starting business today until year, as a part of overseeing the na- deeply about him. noon. Congress is sleeping in. Maybe tional park system, we went to Death we’re on California time, but I will The overwhelming support shown by Valley National Park in California. As family, friends and fellow law enforce- wager we will not be here until mid- fate would have it on that very hot night. ment officers was truly a testament to day, we took a drive into Death Valley Trooper Burns’ lovable nature, his Any Third World dictator would be and the truck that we were in that the pleased at the way we are operating sense of humor, his honorable char- Park Service gave us had not one, not acter, but most important his sense of today. Our economy is in a precarious two, but three flat tires. With the capa- situation. We learned this morning service for others. His loving family is ble assistance of Rob Nabors, the com- now forced to carry on without him that oil is at $120, could go to $200 per mittee staff director, Chairman OBEY barrel, that gas is at $4, easily could go and the world is worse off without him and I changed all the flat tires and got unless we perpetuate the good that he to $5. We’re still denying our intel- ourselves back on the road. By working ligence community the tools important did in his life through the things that together we got it back on the road. we do in the future so that he will not to keep this country safe. And Con- In many respects, the development of have lived in vain. Though Scott’s gress is sleeping in. the emergency supplemental reminds being killed by the possibly drug- Many of us came to Washington sac- me of that day in Death Valley. The rificing a good, normal lifestyle in our crazed killer meant that others were environment on the House floor is hot not also killed, Scott’s greatest con- respective States’ districts to serve and getting hotter every minute. The tribution came not in the way that he this nation and work hard to help Democrat leadership is having a very died but in the way that he lived. make America stronger, but we’re not difficult time getting this legislation The extraordinary choice by Scott being given a chance to do our job. on the road. I believe Chairman OBEY Burns and other law officers to protect Kansans have been asking me for would have better success if he enlisted our communities means that they go months, ‘‘What is the government the assistance of his fellow appropri- to work every day knowing and believ- going to do about the rising cost of ators, Democrats and Republicans. Let ing the words that came from Jesus gas?’’ In April 2006, the Democrat house us work together on this legislative ve- himself when He said, ‘‘Greater love leadership assured Americans they hicle, together through the normal hath no one than this, that a person ‘‘have a commonsense plan to help process, as we did on that hot day in lay down his life for his friends.’’ bring down skyrocketing gas prices.’’ Death Valley last year. Our law enforcement officers dedi- Well, Mr. Speaker, it is time for the This has been the most disappointing cate themselves to protecting citizens Democrat leadership to unveil this Congress in recent memory. The Demo- knowing that they may very well lay plan. Since 2007 when the Democrats crat leadership shirks their duty to down their lives to protect others. No took control of the House, gas prices tackle the real issues facing American words can adequately express the grati- have risen 50 percent. We have $4 a gal- families. They’ve left Congress out of tude that’s due them. Scott’s family lon, going to $5. the workload. It’s no wonder that we will hopefully find solace from so many Today we hear that the House Demo- have the lowest approval ratings in his- who showed their support in the past crat leadership has intentions to bring tory. A banana republic could not do it and will do so in the future. The fact a $250 billion supplemental on the better. Mr. Speaker, don’t slip on the that the funeral processional extended American people without proper input banana peel. for so many, many miles down High- from Congress. I guess we don’t have f way 59 from Linden to the cemetery time. Congress is sleeping in till noon. will hopefully provide some solace. It As a body, Republicans and Democrats HONORING THE LIFE OF SCOTT also shows that those who are affected are very proud of our responsibility to BURNS DURING NATIONAL PO- by Scott and his life will not forget. oversee the power of the purse, but the LICE WEEK Law officers from around east Texas, Democrat leadership has completely The SPEAKER pro tempore. The from the State of Texas at large as well undermined that power. Chair recognizes the gentleman from as from all over the country came and What is this defense supplemental ap- Texas (Mr. GOHMERT) for 5 minutes. were there. propriations bill about? We don’t know. Mr. GOHMERT. Thank you, Mr. As a former prosecutor, a former Nor does the chairman of the respec- Speaker. judge and chief justice and now as a tive appropriations subcommittees. Mr. Speaker, next week is National member of the House Judiciary Com- Why? Because the Speaker doesn’t Police Week, a time for us to recognize mittee and ranking member of the Sub- think it’s important for Members of those who boldly serve in municipal, committee on Crime, Terrorism, and Congress to weigh in and oversee the county, State and Federal law enforce- Homeland Security, it is both a sober- appropriations process. We don’t know ment. Furthermore, on May 15, we will ing privilege and a priority to address

VerDate Aug 31 2005 23:43 May 06, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.005 H06MYPT1 jbell on PROD1PC69 with HOUSE H3056 CONGRESSIONAL RECORD — HOUSE May 6, 2008 issues and legislation regarding the se- RECESS The point of no quorum is considered curity of our law enforcement commu- The SPEAKER pro tempore. Pursu- withdrawn. nity and the American people. There is ant to clause 12(a) of rule I, the Chair f no greater function of the Federal Gov- declares the House in recess until noon PLEDGE OF ALLEGIANCE ernment than to provide for the com- today. mon defense against all enemies, both Accordingly (at 10 o’clock and 58 The SPEAKER pro tempore. Will the foreign and domestic. minutes a.m.), the House stood in re- gentleman from Virginia (Mr. MORAN) Therefore, it is imperative that we cess until noon. come forward and lead the House in the work to support our law enforcement Pledge of Allegiance. officers and agents and their families f Mr. MORAN of Virginia led the by providing them with the training b 1200 Pledge of Allegiance as follows: and resources they need to properly AFTER RECESS I pledge allegiance to the Flag of the carry out their duties. Furthermore, United States of America, and to the Repub- there should be greater incentives in The recess having expired, the House lic for which it stands, one nation under God, place to encourage harsher sentences was called to order by the Speaker pro indivisible, with liberty and justice for all. for violent offenders who might other- tempore (Mrs. TAUSCHER) at noon. f wise be released to the streets and re- f ANNOUNCEMENT BY THE SPEAKER peat dangerous offenses. PRAYER PRO TEMPORE While law enforcement officers risk their own safety every day for the well- The Chaplain, the Reverend Daniel P. The SPEAKER pro tempore. The being of our Nation and local commu- Coughlin, offered the following prayer: Chair will entertain up to 15 requests nities, Congress must do as much as Eternal Father, drawing us ever clos- for 1-minute speeches on each side of possible to ensure the preparedness and er to You, the spring rains make us the aisle. security of our noble crime fighters. As mindful of Your presence in our lives. f we prepare next week to nationally Water comes down from the heavens as rain. Although it is always the same WHO’S THE ‘‘CHUMP’’ IN THE OIL honor the courage of police officers GAME? like our own Texas State Trooper itself, it produces so many different ef- Scott Burns, let us consider the well- fects. One in the tree, another in the (Mr. MORAN of Virginia asked and being of our law enforcement officers rose bush, still another in the vine, and was given permission to address the and their families with the same per- so in the whole of creation. Remaining House for 1 minute and to revise and sistence and selflessness with which essentially the same, the rain adapts extend his remarks.) they afford us. itself to the needs of each creature that Mr. MORAN of Virginia. Madam receives it with the openness of absorb- Speaker, we have a situation today ing life. where Americans are paying almost $4 f In the same way, Your Spirit, Lord, a gallon for gasoline. This morning, remaining absolutely simple in its in- Goldman Sachs announced that oil is WE NEED AN ENERGY PLAN tegrity, apportions its grace upon each going to go up to $150 to $200 a barrel, The SPEAKER pro tempore. The Member of Congress. Your Spirit which means that it is not going to Chair recognizes the gentleman from makes one a teacher of honest facts; stop at $4. It will be about $5 or $6. Missouri (Mr. AKIN) for 1 minute. another a visionary of the future; to Now, think about this: This is a tre- Mr. AKIN. Thank you, Mr. Speaker. another, the ability to remove obsta- mendous boom to Iran and Iraq. Iran In the last little more than a year, cles; and yet another the art of com- will gain enormous wealth and polit- gasoline prices have gone up $1.33 cents promise. Still others respond with a ical influence. Iraq will get even more a gallon. That’s a larger increase than depth of spirituality and service not revenue than the $72 billion they’re an- what we’ve had over the previous 5 easily recognized. ticipating this year. They got $100 bil- years before that. The Democrat lead- May all respond to this plenitude and lion over the last couple of years, much ership said that they had a plan at that accomplish great deeds for this Nation, of it our money. time, this is a year ago, to keep the gas revealing Your glory at work in the And yet Americans have already con- prices from going up. Yet the gas prices world now and forever. tributed over half a trillion dollars to have gone up. Amen. Iraq’s economy. Within the next couple Now I don’t think the American pub- f of weeks, we’ll appropriate another $170 lic wants us to bicker between parties. billion. Iraqis are getting a surplus of They want us to be solving problems. THE JOURNAL oil revenue from us and yet we are pay- And I don’t believe it’s the Democrats’ The SPEAKER pro tempore. The ing to pick up their garbage and train fault necessarily that the gas prices Chair has examined the Journal of the their security forces when they’ve got have gone up internationally. But what last day’s proceedings and announces surpluses they don’t even know what to is a problem is that we’re not dealing to the House her approval thereof. do with. with the problem. What we should be Pursuant to clause 1, rule I, the Jour- Who’s the chump in this picture, talking about is how do we move off of nal stands approved. Madam Speaker? our dependence on foreign oil to Amer- Mr. LATTA. Madam Speaker, pursu- f ican energy? What we should be seeing ant to clause 1, rule I, I demand a vote would be movement in the direction, on agreeing to the Speaker’s approval LET’S BE CAUTIOUS WITH depending on which way people want to of the Journal. MORTGAGE BAIL-OUT PROGRAMS go, additional refinement capacity. The SPEAKER pro tempore. The (Mr. NEUGEBAUER asked and was There have been no new refineries built question is on the Speaker’s approval given permission to address the House in over 30 years. Investment in new nu- of the Journal. for 1 minute and to revise and extend clear technology. Our nuclear tech- The question was taken; and the his remarks.) nology is old, many, many years old. Speaker pro tempore announced that Mr. NEUGEBAUER. Madam Speaker, It’s a good source of energy. The idea the ayes appeared to have it. before I came to Congress, I had an op- of getting liquid fuel from coal. We Mr. LATTA. Madam Speaker, I ob- portunity to serve my constituents in a have tremendous coal resources. ject to the vote on the ground that a different way. I was a home builder, a Shouldn’t there be something being quorum is not present and make the land developer, and even a mortgage done in that area? point of order that a quorum is not lender. I know firsthand some of the But nothing in any of these areas. A present. problems that the real estate industry lack of a plan is unacceptable. It’s not The SPEAKER pro tempore. Pursu- and the housing industry is facing the Democrats’ fault that gas prices go ant to clause 8, rule XX, further pro- today. up, but it is a problem when we don’t ceedings on this question will be post- Ninety-four percent of the American have a plan. poned. homeowners are paying their mortgage

VerDate Aug 31 2005 00:34 May 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.007 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3057 payments on time and in full. Are some good neighbor. During my most recent The Supreme Court decided last week people having a hard time making visit to Prairie City School and the in a 6–3 decision that Indiana’s laws re- these mortgage payments? Of course eighth grade class of Andy Demko, I quiring photo identification to vote is they are. Can the government help? was told by the school superintendent, constitutional. In its opinion, the Su- Yes, in some cases. But I urge my col- Newell Cleaver, that only the county preme Court noted, ‘‘There is no ques- leagues to be very careful here. We do payments funds through the Road De- tion about the legitimacy or impor- not need for the Federal Government partment have kept the schools going. tance of a State’s interest in counting to be the piggy bank for folks that Our Speaker has said she would like only eligible voters’ votes.’’ It further made poor decisions or to bail out the this to be ‘‘The Children’s Congress.’’ stated, ‘‘Indiana’s interest in pro- lenders that made loans to people that So why won’t the Democratic leader- tecting public confidence in elections, really didn’t have the capacity to pay ship bring a vote on H.R. 3058, which is while closely related to its interest in it back. It is not fair to penalize those a bipartisan, 4-year reauthorization preventing voter fraud, has inde- folks that made good decisions and timber program, keeping a 100-year-old pendent significance, because such con- played by the rules by taking their tax commitment from this government to fidence encourages citizen participa- money and rewarding those who didn’t. these counties? tion in the democratic process.’’ For many of my constituents, they It has been 112 days since H.R. 3058 Indiana’s laws had its critics in this are having a hard time just making was made eligible for a vote. It’s here body, but I rise to extol the Supreme their own mortgage payment. What we on the Union Calendar of the House. Court and all of those in Indiana and shouldn’t be doing is taking their tax We have had 51 legislative days when it North Carolina who, with greater con- money to pay their neighbor’s pay- could have been brought up for a vote fidence today, will exercise their fran- ment. to help secure rural schools, and yet chise and guide America’s future integ- Madam Speaker, I encourage folks to the leadership of this House refuses to rity. be very cautious about these bail-out even schedule it for a vote on the programs. House floor. f f When will the Democrat leadership of TIME FOR ACTION ON RECORD the House keep its commitment to GAS PRICES STUDY REVEALS MIDDLE CLASS rural communities? WORSE OFF THAN THEY WERE (Mr. WELCH of Vermont asked and FIVE YEARS AGO f was given permission to address the House for 1 minute and to revise and (Mr. PERLMUTTER asked and was URGING THE PRESIDENT TO STOP extend his remarks.) given permission to address the House FILLING THE STRATEGIC PETRO- Mr. WELCH of Vermont. Madam for 1 minute.) LEUM RESERVE Speaker, for the past 7 years, President Mr. PERLMUTTER. Madam Speaker, (Mr. WILSON of Ohio asked and was 7 years of President Bush’s economic given permission to address the House Bush has been delivering an energy pol- policies have put a tremendous strain for 1 minute.) icy that has resulted in the highest in- on middle-class families. Since 2001, Mr. WILSON of Ohio. Madam Speak- crease in the cost of energy in the his- health care premiums have gone up al- er, as gas prices have once again hit tory of this country. Last week, the most $6,000, college tuition has in- record highs, congressional Democrats President continued his call for more creased by $2,500, and gas prices have are urging President Bush to take ac- of the same when he touted an old plan more than doubled. With these in- tion. For 7 years he has sat on the side- for domestic drilling in the Arctic that creases and paychecks that have, on lines, and even last week at a press would produce a 6-month supply of oil the average, fallen, it’s no wonder that conference in the Rose Garden, he con- 10 years from now. It is not going to do the majority of Americans say their cluded that the cost-benefit analysis of anything about the price at the pump economic situation has not improved immediate action for consumers were now, it is not going to do anything in the last 5 years. not persuasive enough for him to act. about the price at the pump later. While the Bush administration is House Democrats are calling on Instead, the President is blaming eager to give tax breaks to the wealthi- President Bush to stop filling the Stra- congressional Democrats for not ad- est of Americans and assist Wall Street tegic Petroleum Reserve. This reserve dressing the problem, but it’s the firms like Bear Stearns, it does little is 97 percent full, which is more than President who won’t suspend purchases to help middle-class families. Madam enough to meet any emergency we of the Strategic Petroleum Reserve Speaker, the Democratic House recog- would have. Experts believe that tap- which would bring down prices 25 cents nizes the immediate need to help mid- ping the reserve could lower our gas immediately. It’s the President who dle-class families, and that is why our prices by as much as 5 cents to 25 cents won’t work with us to get rid of the budget prioritized middle-class tax re- per gallon. Enron loophole which is enriching lief and why we are proposing a second Right now, Americans need help. speculators and clobbering middle class economic stimulus package. They’re hurting. President Bush could families. It’s time for President Bush to put take action today that would provide This year, in fact, the Democratic the middle class ahead of the wealthi- immediate relief to consumers at the Congress has passed energy legislation est few. pump, but he refuses to act. Once that’s getting nowhere because of being f again, House Democrats urge the Presi- held hostage in the Senate and it has dent to reconsider. no support from the President of the WHEN WILL THE DEMOCRAT f United States. LEADERSHIP KEEP ITS COMMIT- The reality is that we have actions MENT TO RURAL COMMUNITIES HOOSIERS VOTE WITH MORE we can take in the short term, the (Mr. WALDEN of Oregon asked and CONFIDENCE TODAY Strategic Petroleum Reserve, the was given permission to address the (Mr. PENCE asked and was given per- Enron loophole, and in the long term, House for 1 minute and to revise and mission to address the House for 1 to reduce our reliance on carbon. extend his remarks.) minute and to revise and extend his re- f Mr. WALDEN of Oregon. Madam marks.) Speaker, by refusing to renew the Mr. PENCE. Madam Speaker, today INVEST IN AMERICAN ENERGY county payments program, Congress America’s eyes are turning to Indiana INDEPENDENCE has broken its pledge to rural areas all and North Carolina as tens of thou- (Mr. WILSON of South Carolina across this country like Grant County, sands of Americans are making their asked and was given permission to ad- Oregon, where Federal land covers 61 decision in primary election days. And dress the House for 1 minute and to re- percent of the county. That’s 300 thanks to the United States Supreme vise and extend his remarks.) square miles larger than the entire Court decision in Crawford v. Marion Mr. WILSON of South Carolina. State of Delaware. County Election Board, et al., Hoosiers Madam Speaker, Americans are paying The school children of Grant County will be voting today with greater con- the price at the pump for the inaction rely on the Federal Government to be a fidence than ever before. of this majority. Democrats promised

VerDate Aug 31 2005 23:43 May 06, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.010 H06MYPT1 jbell on PROD1PC69 with HOUSE H3058 CONGRESSIONAL RECORD — HOUSE May 6, 2008 the American people 2 years ago last last night, I asked my constituents, In the 531 days since the U.S.-Colom- week that they had a plan to address ‘‘Do you think the media are fair and bia Trade Promotion Agreement was rising gas prices. It appears that plan objective in their news coverage?’’ signed, U.S. products exported to Co- was nothing more than election year Ninety-one percent of the almost 400 lombia have suffered over $1 billion in politics. That’s a shame because right respondents said the media are not taxes and tariffs because they were ex- now, Americans are paying nearly $4 a fair, and only 7 percent said that they ported to the United States through gallon for gas. The effect of these ris- are fair. Colombia. And during that period of ing prices is felt not just when we fill This is an amazing result but not a time, Colombian products entering the up our tank. We see the rising prices at surprising one, since slanted coverage United States come in duty free. That the grocery store because our food is pervades much of the news Americans doesn’t seem fair. shipped in trucks all across this coun- get every day. We have an agreement with Colombia try. One of the greatest threats America to eliminate those tariffs, and every The American people do not expect a faces is a biased media. If the Amer- day we delay it costs almost $190 mil- quick fix, but they do expect us to ican people don’t get the facts, they lion a week in higher tariffs on U.S.- work toward energy independence rath- can’t make good decisions. And if they made products. er than simply pointing fingers and can’t make good decisions, we won’t The U.S.-Colombia Trade Promotion blame. We live in a global market and have a democracy. Agreement is good for States like Illi- many nations are competing for oil. The national media need to let the nois. I represent a State that’s dependent on exports. Our biggest product we Let’s start by promoting American al- American people make up their own produce in the district I represent, we ternative energy. Let’s invest in Amer- minds, not tell them what to think. have 8,000 union workers who produce ican oil. Let’s advance American en- f yellow bulldozers and construction ergy exploration. The co-ops of Amer- ISRAEL’S 60TH ANNIVERSARY equipment, something that’s common ica, led by National President Jack CELEBRATION and in need in places like Colombia. Wolfe, are leading the way. (Mr. COSTA asked and was given per- Let’s be competitive. Let’s eliminate In conclusion, God bless our troops, mission to address the House for 1 those tariffs. Let’s bring up for a vote and we will never forget September the minute and to revise and extend his re- the U.S.-Colombia Trade Promotion 11th. marks.) Agreement. f Mr. COSTA. Madam Speaker, today f we have an opportunity to signify an b 1215 NATIONAL TEACHER DAY important milestone in Israel’s his- COMPREHENSIVE HOUSING tory. We celebrate its 60th anniversary, (Mrs. CAPPS asked and was given REFORM a truly important time in Jewish his- permission to address the House for 1 (Mr. HODES asked and was given per- tory. minute and to revise and extend her re- mission to address the House for 1 My district in the San Joaquin Val- marks.) minute and to revise and extend his re- ley is the bread basket of the Nation, Mrs. CAPPS. Madam Speaker, on marks.) but we have a unique relationship be- this National Teacher Day, I rise to Mr. HODES. Madam Speaker, there’s tween California State University at single out just one of the many tal- no doubt that the housing crisis and Fresno and Ben Gurion University of ented teachers in my congressional dis- the consumer credit crunch are getting the Negev. My constituents for years trict. Libby Anderson teaches second grade worse. Last week, we learned that the have been partnering with their coun- at Grover Heights Elementary School number of homes facing foreclosure terparts in Israel to research water, ir- in Grover Beach. It’s a national blue more than doubled from last year. In rigation technologies and agricultural ribbon school. She is one of those gift- my home State of New Hampshire, solutions to problems that face our ed teachers with a truly unique way of foreclosures have increased nearly 96 world. percent. igniting the interest of her students. Fresno State has a long history in A few years ago, she led a class That is why it is so important that working with many leading drip and Congress pass the comprehensive hous- project where each student picked a micro-irrigation equipment manufac- lighthouse to study from around the ing package that is coming to the floor turers in Israel, and the university has this week. The legislation is the most country. Through that project one stu- a long history of exchange of informa- dent learned of the Federal efforts to innovative and comprehensive solution tion with the Agricultural Research restore the Piedras Blancas lighthouse to the housing crisis yet. It will give Organization’s Volcani Center in in my district. relief to the millions of working fami- Israel, including exchange programs Under her guidance, the class em- lies struggling to pay their mortgage that have brought research scientists barked on a campaign called ‘‘Pennies with the rising price of gas and food. It to work on water and salinity issues. for Piedras’’ to raise money toward would help nearly 1.5 million Ameri- Fresno State continues today to have this effort. By the end of that school cans in need. Our package would also discussions with Israeli researchers and year, the students had raised $1,337.30 offer assistance to State and localities industry on how to extend a beneficial in pennies. to purchase and rehabilitate foreclosed use of the world’s ever shrinking sup- I’m happy to say that her students properties. ply of water for the important purpose have gone on to lead support for con- Madam Speaker, our economy cannot of feeding our world. tinued restoration of this special place. rebound unless we act now to give re- For this and many other reasons, we This is just one example of the many lief to millions of Americans in need. recognize and celebrate the 60th anni- exceptional ways this teacher touched We have a bold proposal to take this versary of the Nation of Israel. the lives of her students and expanded decisive action. I certainly hope that f their awareness of their community. my colleagues on the other side of the Our country is blessed to have teach- FAILURE TO PASS THE COLOMBIA aisle understand the urgent need and ers like Ms. Anderson who spark stu- TRADE AGREEMENT HAS IN- that we will receive bipartisan support dents’ passions, encouraging them to CREASED THE COST OF U.S. EX- for this proposal. get involved in the world around them. PORTS BY MORE THAN $1 BIL- f LION f POLL RESULTS: MEDIA NOT (Mr. WELLER of Illinois asked and ENERGY PRICES OBJECTIVE was given permission to address the (Mr. LATTA asked and was given (Mr. SMITH of Texas asked and was House for 1 minute and to revise and permission to address the House for 1 given permission to address the House extend his remarks.) minute and to revise and extend his re- for 1 minute and to revise and extend Mr. WELLER of Illinois. Madam marks.) his remarks.) Speaker, I rise today to ask this House, Mr. LATTA. Madam Speaker, with Mr. SMITH of Texas. Madam Speak- why do we continue to punish Illinois no relief in sight for the American pub- er, during a telephone town meeting and U.S. manufacturers and farmers? lic as they continue to endure the costs

VerDate Aug 31 2005 23:43 May 06, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.012 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3059 of skyrocketing energy costs, it’s once ANNOUNCEMENT BY THE SPEAKER I hope my colleagues in both parties again time to look at alternative PRO TEMPORE will join us in this effort to build a bet- sources to combat this problem. The SPEAKER pro tempore. Mem- ter Nation here at home and that, fur- China has plans to build 40 nuclear bers are reminded to address their re- thermore, the President will under- power plants in the next 15 years, in- marks to the Chair. stand how important this is and sign the bill we intend to enact. vesting approximately $50 billion in f these reactors. f HOUSTON POLICE OFFICER The United States has not licensed a WASTE TO ENERGY nuclear power plant in 30 years, while RODNEY JOHNSON the current congressional leadership (Mr. POE asked and was given per- (Mr. PITTS asked and was given per- refuses to even consider the notion of mission to address the House for 1 mission to address the House for 1 nuclear power as a viable alternative minute.) minute and to revise and extend his re- energy source. Mr. POE. Madam Speaker, Houston marks.) Mr. PITTS. Madam Speaker, yester- Of course we don’t have to leave my Police Officer Rodney Johnson was the day I visited a waste-to-energy facility home State of Ohio to find additional best of the best, but he was killed by in Lancaster County, Pennsylvania, ways to increase domestic energy pro- the worst of the worst. and concluded, once again, Lancaster duction. In northwest Ohio, alternative An illegal outlaw from Mexico, Juan County gets it right. energy is abundant with the only wind Leonardo Quintero-Perez, shot Officer This facility is a great example of the turbines in the State, solar panel pro- Johnson four times in the back of the kind of ingenuity that we need to put duction, and coal liquefaction tech- head after a routine traffic stop. Offi- America on a path toward energy inde- nology all adding to our energy produc- cer Johnson would still be alive today, pendence, and it is disposing of waste tion. enjoying time with his five children and his wife, Joslyn, a fellow Houston at the same time. The plant burns solid Whether we look at other countries, waste at very hot temperatures, using or in our own backyard, we must em- police officer, if our border was protected. the heat to turn water into steam brace alternative energy sources as one which is used to turn a turbine and cre- way to reduce our dependency on Mid- This lawless trespasser had already been deported for indecency with a ate electricity. dle Eastern oil and combat sky- Ninety percent of that electricity is rocketing energy prices. child in 1998, but he sneaked across the border again to continue his crime sold to the local electric utility. Met- spree. After coming to Houston, als, glass and plastics are recycled out f Quintero finally confessed to mur- in the process. dering one of Houston’s finest. This process is saving pollution from HOUSING FORECLOSURE CRISIS Today, Quintero is on trial for cap- ending up in the Chesapeake Bay. It’s (Ms. KAPTUR asked and was given ital murder in Houston, but the Mexi- saving land by reducing the need for permission to address the House for 1 can government, rather than pay res- landfills, and it’s creating clean energy minute and to revise and extend her re- titution to the Johnson family, is pay- in the process. marks.) ing for the battery of defense lawyers One ton of solid waste has the energy equivalent of 1 barrel of oil. Last year, Ms. KAPTUR. Madam Speaker, Fed- representing this cold-blooded cop kill- over 342,000 tons of waste were proc- eral Chairman Ben Bernanke says Con- er. essed at the facility, and I’m told that gress should do more to address the Mexico is meddling in the U.S. court something like 30,000 tons of trash a housing foreclosure crisis. I agree. system, but Juan Quintero cannot miss day is trucked out of New York City to However, let me respectfully suggest his judgment day and his day with his landfills. to the Fed Chairman that he, too, can Maker, because justice is what we do in America, even if the Mexican govern- Maybe our State and community do much more to help. Let him use his leaders should take a cue from the peo- considerable power to bring to the ment doesn’t like it. And that’s just the way it is. ple of Lancaster County as we search table the very big banks that aren’t for more energy to meet our needs. coming to do foreclosure workouts at f the local level. They just happen to be BUILDING A BETTER NATION f the firms the Fed has been rewarding (Mr. KAGEN asked and was given RECORD HIGH GAS PRICES handsomely by injecting billions and permission to address the House for 1 REQUIRE ACTION, NOT BLAME billions of dollars to rescue them. You minute.) (Mr. BRALEY of Iowa asked and was know the names: Citigroup, J.P. Mor- Mr. KAGEN. Madam Speaker, last given permission to address the House gan Chase, Bank of America, Wachovia. week the Labor Department reported for 1 minute and to revise and extend Firms like Countrywide don’t even that for the fourth month in a row our his remarks.) show up when borrowers at the local jobs are going south. We are losing Mr. BRALEY of Iowa. Madam Speak- level try to renegotiate their loans. more jobs, even as the middle class is er, the price of gasoline is now aver- Yet, the Federal Reserve has been re- struggling just to keep their heads aging over $3.60 a gallon. House Demo- warding them by putting them on their above water. crats are working to provide some re- list of select primary dealers. Fancy We’re in this mess because the Bush lief, but we face stiff opposition from that. administration and its followers have the White House and congressional Re- So, Mr. Bernanke, let me help you failed to establish a fiscally responsible publicans who have opposed every sin- out. Here’s a list of the firms you can budget policy and are continuing to gle energy bill that we have brought to invite right now. They’re not respond- borrow and spend our Nation into the the floor this year. When it comes to ing to Ohioans witnessing foreclosure: poor house. energy, the GOP doesn’t want to work Countrywide, Chase Mortgage, In response to this downturn, Demo- with us. They simply want to say ‘‘no.’’ Citifinancial, GMAC, HSBC, Sovereign crats are taking action. Today, we’re When Democrats voted to repeal un- Bank, Indy Mac Bank, Popular Mort- holding an economic summit to deter- necessary subsidies to big oil compa- gage, Nova Star, Saxon Mortgage Serv- mine how best to restore our ailing nies so we could instead invest in ices, Option One Mortgage, EMC Mort- economy. Also this week we’re going to clean, renewable energy, Republicans gage, ASC Servicing, HomeEq, begin to put together a second eco- overwhelmingly voted ‘‘no.’’ It didn’t Wilshire, Nationstar, Equifirst, Litton nomic recovery effort directed at re- matter that the legislation would re- Loan, Flagstar. building America’s infrastructure, first duce our dependence on foreign oil, Let’s be honest. These mega firms by enacting a housing package to help lower prices at the pump and create are holding the levers of power over establish the floor in the housing mar- new, green jobs. They still preferred our homeowners. It’s time the scales of ket, and then we intend to invest in the status quo. justice had balance restored on behalf higher wage construction jobs that will When Democrats passed the Energy of our people. stimulate local economies nationwide. Price Gouging Act to punish those who

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.014 H06MYPT1 jbell on PROD1PC69 with HOUSE H3060 CONGRESSIONAL RECORD — HOUSE May 6, 2008 take advantage of these record prices mental that says we will bring our approval of the Journal; and the mo- by increasing them even further, Re- troops home with honor. This will go tion to instruct on H.R. 2419 offered by publicans overwhelmingly voted ‘‘no.’’ into effect one month after this legisla- the gentleman from Wisconsin (Mr. Madam Speaker, Democrats under- tion is passed. RYAN). stand the hardship that families are Seven months, deadliest, April, The vote was taken by electronic de- facing every time they go to the gas troops dying. This kind of war cannot vice, and there were—yeas 152, nays station, and that is why we’ve passed be an unending war. And so we refuse 255, not voting 24, as follows: six bills that would provide real relief to give more blank checks to Iraq. We [Roll No. 245] thank our soldiers on the front lines of to consumers. YEAS—152 It’s time Republicans realized that Iraq and Afghanistan, the war we Aderholt Gilchrest Petri ‘‘no’’ is not an energy strategy. should win. Bring our troops home with Akin Gingrey Pickering f honor. Vote for this amendment. And Alexander Goode Pitts let’s not focus on a $500 million devel- Bachmann Goodlatte Porter b 1230 opment of hotels and restaurants in Bachus Granger Price (GA) Barrett (SC) Graves Iraq—what are we thinking about?— Putnam KYLA BASS Bartlett (MD) Hall (TX) Regula Let’s bring the troops home! Barton (TX) Hastings (WA) Rehberg (Mr. DAVIS of Kentucky asked and Biggert Hayes f Reichert was given permission to address the Bilbray Heller Renzi Bilirakis Hensarling House for 1 minute and to revise and AS JOB LOSSES CONTINUE IN Reynolds Bishop (UT) Herger Rogers (AL) extend his remarks.) APRIL, DEMOCRATS CONTINUE Blackburn Hobson Rogers (KY) Mr. DAVIS of Kentucky. Madam TO WORK TO STIMULATE THE Blunt Hoekstra Rogers (MI) Boehner Hunter Speaker, I rise to recognize Ms. Kyla ECONOMY Rohrabacher Bass of Florence, Kentucky. On Feb- Bonner Inglis (SC) (Mr. PALLONE asked and was given Boozman Issa Ros-Lehtinen ruary 13, 2008, Kyla distinguished her- permission to address the House for 1 Boustany Johnson (IL) Roskam Royce self when her father, Patrick Bass, a minute.) Broun (GA) Johnson, Sam Desert Storm veteran, suffered a sei- Calvert Keller Ryan (WI) Mr. PALLONE. Madam Speaker, as Cannon King (IA) Schmidt zure. the first quarter of 2008 ended, it was Cantor King (NY) Sensenbrenner In a display of courage, maturity and clear that things are not getting any Capito Kline (MN) Sessions composure that far exceeded her 10 better for American families struggling Carter Knollenberg Shadegg years of age, Kyla responded to the Castle LaHood Shays to make ends meet. Americans con- Chabot Lamborn Shea-Porter emergency quickly and effectively. She tinue to face higher costs for basic ne- Crenshaw Latham Shimkus administered first aid and then called cessities, millions of families have lost Cubin LaTourette Shuster her mother and grandfather, while si- their homes due to the troubled real es- Culberson Latta Simpson multaneously caring for her younger Davis (KY) Lewis (CA) Smith (NE) tate market, and several million more Davis, David Lewis (KY) Smith (TX) brother and two cousins who were at Americans are uninsured. Davis, Tom Lucas Souder home at the time of the emergency. Last week, we also learned that April Deal (GA) Lungren, Daniel Tancredo Dent E. Kyla attributes her quick thinking was the fourth month in a row that our Thornberry Diaz-Balart, L. Marchant Tiahrt and first aid proficiency to the skills Diaz-Balart, M. McCarthy (CA) economy lost jobs. With 20,000 jobs lost Turner she learned in American Heritage Girls Doolittle McCaul (TX) last month, our economy has now shed Upton Drake McCrery Troop KY0727. American Heritage Girls Walberg 260,000 jobs so far this year. That’s par- Duncan McKeon is dedicated to developing young ticularly troublesome considering that Emerson McMorris Walden (OR) women through service to God, family, experts say the economy must create English (PA) Rodgers Walsh (NY) community and country. Fallin Mica Wamp 150,000 jobs a month just to keep up Weldon (FL) In recognition of Kyla’s heroism, Feeney Miller (FL) with the number of Americans entering Flake Miller (MI) Weller American Heritage Girls has created the job market. Forbes Miller, Gary Westmoreland the Angel Among Us award, which Kyla All of these red flags show why it is Fossella Musgrave Whitfield (KY) will receive during the regional awards Foxx Myrick Wilson (NM) so important that we worked together Franks (AZ) Neugebauer Wilson (SC) ceremony on May 16. Her self-control in a bipartisan fashion earlier this year Frelinghuysen Nunes Wittman (VA) during this event is impressive. Kyla, to pass the economic stimulus package. Gallegly Paul Wolf we’re proud of you. Madam Speaker I As a result of that action, 150 million Garrett (NJ) Pearce Young (AK) Gerlach Pence Young (FL) ask you to join me in commending taxpayers began receiving rebate Kyla Bass for her outstanding actions checks last week. That was a good NAYS—255 and character. start, but more needs to be done. Abercrombie Capuano Doyle f Madam Speaker, with so many Amer- Ackerman Cardoza Dreier Allen Carnahan Edwards icans struggling and the bad economic ‘‘MISSION ACCOMPLISHED’’? Altmire Carney Ehlers news continuing to mount, we urge the Arcuri Castor Ellison (Ms. JACKSON-LEE of Texas asked President and the Republicans to join Baca Chandler Ellsworth and was given permission to address Baldwin Clarke Emanuel us to pass a second economic stimulus Barrow Clay Engel the House for 1 minute and to revise package. Bean Cleaver Eshoo and extend her remarks.) f Becerra Clyburn Etheridge Ms. JACKSON-LEE of Texas. May 1, Berkley Coble Everett just last Thursday, was the fifth anni- MOTION TO ADJOURN Berman Cohen Farr Berry Cole (OK) Fattah versary of the famous words, ‘‘Mission Mr. WALSH of New York. Madam Bishop (GA) Conaway Filner Accomplished.’’ What a tragedy, when Speaker, I move that the House do now Bishop (NY) Conyers Fortenberry April was the most deadliest month in adjourn. Blumenauer Cooper Foster Bono Mack Costa Frank (MA) Iraq that we have seen in a number of The SPEAKER pro tempore. The Boren Costello Giffords months. question is on the motion to adjourn. Boswell Courtney Gillibrand Madam Speaker, I rise today to ask The question was taken; and the Boucher Crowley Gohmert the administration to recognize that Speaker pro tempore announced that Boyd (FL) Cuellar Gonzalez Boyda (KS) Cummings Gordon this unending war must end. And in the the noes appeared to have it. Brady (PA) Davis (AL) Green, Al backdrop of a newspaper article that Mr. WALSH of New York. Madam Brady (TX) Davis (CA) Green, Gene suggests that the administration is Speaker, on that I demand the yeas Braley (IA) Davis (IL) Grijalva Brown (SC) Davis, Lincoln Gutierrez looking at a $500 million development and nays. Brown, Corrine DeFazio Hall (NY) of hotels and restaurants and amuse- The yeas and nays were ordered. Brown-Waite, DeGette Hare ment parks in Baghdad, I ask the ad- The SPEAKER pro tempore. Pursu- Ginny Delahunt Harman ministration, do they get it? That’s ant to clause 8 of rule XX, this 15- Buchanan DeLauro Hastings (FL) Burgess Dicks Herseth Sandlin why it’s important for us to support an minute vote on the motion to adjourn Buyer Doggett Higgins amendment in the emergency supple- will be followed by 5-minute votes on Capps Donnelly Hill

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.018 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3061 Hinchey McGovern Saxton The question was taken; and the NOES—182 Hinojosa McHugh Schakowsky Aderholt Gallegly Peterson (MN) Hirono McIntyre Schiff Speaker pro tempore announced that Akin Garrett (NJ) Petri Hodes McNerney Schwartz the ayes appeared to have it. Alexander Holden McNulty Gerlach Pickering Scott (GA) Altmire Giffords Holt Meek (FL) RECORDED VOTE Pitts Scott (VA) Bachmann Honda Meeks (NY) Gilchrest Platts Serrano Bachus Hooley Melancon Mr. WAMP. Madam Speaker, I de- Gingrey Poe Sestak Barrett (SC) Hoyer Michaud Goode Porter Sherman mand a recorded vote. Bartlett (MD) Inslee Miller (NC) Goodlatte Price (GA) Sires Barton (TX) Israel Mitchell Gordon Putnam Skelton A recorded vote was ordered. Biggert Jackson (IL) Mollohan Granger Radanovich Slaughter Bilbray Jackson-Lee Moore (KS) The SPEAKER pro tempore. This is a Hall (TX) Ramstad Smith (NJ) Bilirakis (TX) Moore (WI) Hastings (WA) Regula Smith (WA) 5-minute vote. Bishop (UT) Jefferson Moran (KS) Hayes Rehberg Blackburn Johnson (GA) Moran (VA) Snyder Heller Renzi The vote was taken by electronic de- Blunt Johnson, E. B. Murphy (CT) Solis Hensarling Reynolds Boehner Jordan Murphy, Patrick Space vice, and there were—ayes 220, noes 182, Herger Rogers (AL) Bonner Kagen Murphy, Tim Spratt answered ‘‘present’’ 1, not voting 28, as Hill Rogers (KY) Bono Mack Kanjorski Murtha Stark Hobson Rogers (MI) follows: Boozman Kaptur Nadler Stearns Hoekstra Rohrabacher Boustany Kennedy Napolitano Stupak Hunter Ros-Lehtinen [Roll No. 246] Brady (TX) Inglis (SC) Kildee Neal (MA) Sullivan Roskam Broun (GA) Issa Kilpatrick Obey Sutton Royce AYES—220 Brown (SC) Johnson, Sam Kind Olver Tanner Ryan (WI) Brown-Waite, Jordan Kingston Ortiz Tauscher Abercrombie Gutierrez Neal (MA) Sali Ginny Keller Kirk Pallone Taylor Ackerman Hall (NY) Obey Saxton Burgess King (IA) Klein (FL) Pascrell Terry Allen Hare Olver Schmidt Buyer Kline (MN) Kucinich Pastor Arcuri Harman Ortiz Sensenbrenner Thompson (CA) Calvert Knollenberg Lampson Payne Baca Hastings (FL) Pallone Sessions Thompson (MS) Camp (MI) LaHood Langevin Perlmutter Baird Herseth Sandlin Pascrell Shadegg Tiberi Cannon Lamborn Larsen (WA) Peterson (MN) Baldwin Higgins Pastor Shays Tierney Cantor Larson (CT) Platts Barrow Hinchey Paul Latham Towns Carney Shimkus Lee Poe Bean Hinojosa Perlmutter LaTourette Tsongas Carter Shuster Levin Pomeroy Becerra Hodes Pomeroy Latta Udall (CO) Chabot Lewis (CA) Simpson Lewis (GA) Price (NC) Berkley Holden Price (NC) Udall (NM) Coble Lewis (KY) Smith (NE) Linder Radanovich Berman Holt Rahall Van Hollen Cole (OK) Linder Smith (NJ) Lipinski Rahall Berry Honda Rangel Vela´ zquez Conaway LoBiondo Smith (TX) LoBiondo Ramstad Bishop (GA) Hooley Reichert Visclosky Crenshaw Lucas Souder Loebsack Rangel Bishop (NY) Hoyer Reyes Culberson Stearns Lofgren, Zoe Reyes Walz (MN) Blumenauer Inslee Lungren, Daniel Richardson Davis (KY) Stupak Lowey Richardson Wasserman Boren Israel E. Rodriguez Davis, David Sullivan Lynch Rodriguez Schultz Boswell Jackson (IL) Mack Ross Davis, Tom Tancredo Mack Ross Waters Boucher Jackson-Lee Manzullo Rothman Deal (GA) Terry Mahoney (FL) Rothman Watson Boyd (FL) (TX) Marchant Roybal-Allard Diaz-Balart, L. Thompson (CA) Maloney (NY) Roybal-Allard Watt Boyda (KS) Jefferson McCarthy (CA) Ruppersberger Diaz-Balart, M. Thornberry Manzullo Ruppersberger Waxman Brady (PA) Johnson (GA) McCaul (TX) Ryan (OH) Donnelly Tiahrt Markey Ryan (OH) Weiner Braley (IA) Johnson (IL) McCotter Salazar Drake Tiberi Matheson Salazar Welch (VT) Brown, Corrine Johnson, E. B. McCrery Sa´ nchez, Linda Duncan Turner Matsui Sali Wexler Buchanan Kagen McHugh T. Ehlers Udall (CO) McCarthy (NY) Sa´ nchez, Linda Wilson (OH) Capito Kanjorski McKeon Sanchez, Loretta Ellsworth Upton McCollum (MN) T. Woolsey Capps Kaptur McMorris Sarbanes Emerson Walden (OR) McCotter Sanchez, Loretta Wu Capuano Kennedy Rodgers Schakowsky English (PA) Mica Walsh (NY) McDermott Sarbanes Yarmuth Cardoza Kildee Carnahan Kilpatrick Schiff Everett Miller (MI) Wamp NOT VOTING—24 Castle Kind Schwartz Fallin Miller, Gary Weldon (FL) Castor King (NY) Scott (GA) Feeney Mitchell Weller Andrews Dingell Miller, George Chandler Kingston Scott (VA) Flake Moran (KS) Westmoreland Baird Ferguson Oberstar Clarke Kirk Serrano Forbes Murphy, Tim Wilson (NM) Burton (IN) Hulshof Peterson (PA) Clay Klein (FL) Sestak Fortenberry Musgrave Wilson (SC) Butterfield Jones (NC) Pryce (OH) Cleaver Kucinich Shea-Porter Fossella Myrick Wittman (VA) Camp (MI) Jones (OH) Rush Clyburn Lampson Sherman Foxx Neugebauer Wolf Campbell (CA) Kuhl (NY) Shuler Cohen Langevin Sires Franks (AZ) Nunes Young (AK) Carson Marshall Speier Conyers Larsen (WA) Skelton Frelinghuysen Pearce Young (FL) Cramer McHenry Wynn Cooper Larson (CT) Slaughter Costa Lee Smith (WA) ANSWERED ‘‘PRESENT’’—1 b 1304 Costello Levin Snyder Gohmert Courtney Lewis (GA) Solis Messrs. GENE GREEN of Texas, STU- Crowley Lipinski Space NOT VOTING—28 PAK, MACK, TOWNS, CARNEY, Cubin Loebsack Spratt Andrews Ferguson Payne Cuellar Lofgren, Zoe Stark Burton (IN) Hirono Pence PALLONE, HOYER and Ms. BOYDA of Cummings Lowey Sutton Butterfield Hulshof Peterson (PA) Kansas changed their vote from ‘‘yea’’ Davis (AL) Lynch Tanner Campbell (CA) Jones (NC) Pryce (OH) Davis (CA) Mahoney (FL) to ‘‘nay.’’ Tauscher Carson Jones (OH) Rush Davis (IL) Maloney (NY) Taylor Cramer Kuhl (NY) Ms. FALLIN, Mr. ROGERS of Ala- Davis, Lincoln Markey Shuler Thompson (MS) Delahunt Marshall Speier bama and Mr. HAYES changed their DeFazio Matheson Tierney Dicks McHenry DeGette Matsui Wynn vote from ‘‘nay’’ to ‘‘yea.’’ Towns Dingell Miller (FL) DeLauro McCarthy (NY) Tsongas Doolittle Oberstar So the motion to adjourn was re- Dent McCollum (MN) Udall (NM) Doggett McDermott jected. Van Hollen ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doyle McGovern The result of the vote was announced Vela´ zquez Dreier McIntyre The SPEAKER pro tempore (during as above recorded. Edwards McNerney Visclosky the vote). Two minutes are remaining Walberg Ellison McNulty on this vote. Emanuel Meek (FL) Walz (MN) f Wasserman Engel Meeks (NY) b 1315 Eshoo Melancon Schultz THE JOURNAL Etheridge Michaud Waters Messrs. HALL of Texas and Farr Miller (NC) Watson The SPEAKER pro tempore. Pursu- Fattah Miller, George Watt FORTENBERRY changed their vote ant to clause 8 of rule XX, the unfin- Filner Mollohan Waxman from ‘‘aye’’ to ‘‘no.’’ ished business is the question on agree- Foster Moore (KS) Weiner So the Journal was approved. Frank (MA) Moore (WI) Welch (VT) ing to the Speaker’s approval of the Gillibrand Moran (VA) Wexler The result of the vote was announced Journal which the Chair will put de Gonzalez Murphy (CT) Whitfield (KY) as above recorded. novo. Graves Murphy, Patrick Wilson (OH) Ms. HIRONO. Madam Speaker, on rollcall Green, Al Murtha Woolsey The question is on the Speaker’s ap- Green, Gene Nadler Wu No. 246, had I been present, I would have proval of the Journal. Grijalva Napolitano Yarmuth voted ‘‘aye.’’

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.001 H06MYPT1 jbell on PROD1PC69 with HOUSE H3062 CONGRESSIONAL RECORD — HOUSE May 6, 2008 COMMUNICATION FROM THE The SPEAKER. Is there objection to For the last several years, Charlie CLERK OF THE HOUSE the request of the gentleman from Lou- Melancon and I have met in a phone The SPEAKER laid before the House isiana? booth over here as the total Demo- the following communication from the There was no objection. cratic caucus of Louisiana. Now, Clerk of the House of Representatives: The SPEAKER. Will the Representa- Madam Speaker, we may need different tive-elect and the members of the Lou- accommodations because of this elec- OFFICE OF THE CLERK, isiana delegation present themselves in HOUSE OF REPRESENTATIVES, tion. Washington, DC, May 5, 2008. the well. May I ask MR. CAZAYOUX to please Hon. NANCY PELOSI, Mr. CAZAYOUX appeared at the bar of come to the microphone. We welcome The Speaker, House of Representatives, Wash- the House and took the oath of office, you. ington, DC. as follows: Mr. CAZAYOUX. Thank you, Madam DEAR MADAM SPEAKER: I have the honor to Do you solemnly swear or affirm that Speaker, Members, for the warm wel- transmit herewith a facsimile copy of a let- you will support and defend the Con- come. I am honored to be the newest ter received from the Honorable Jay stitution of the United States against Member of this body. Dardenne, Secretary of State, State of Lou- all enemies, foreign and domestic; that isiana, indicating that, according to the un- I want to thank my family, who is official returns of the Special Election held you will bear true faith and allegiance here; my wife, whose goodness inspires May 3, 2008, the Honorable Don Cazayoux was to the same; that you take this obliga- me, Cherie; my children, Michael, elected Representative to Congress for the tion freely, without any mental res- Chavanne and Katie, who remind me Sixth Congressional District, State of Lou- ervation or purpose of evasion; and why we are here, why our decisions are isiana. that you will well and faithfully dis- so important for the future. With best wishes, I am charge the duties of the office on which I want to introduce you to my par- Sincerely, you are about to enter, so help you ents, Donald and Ann Cazayoux; Ann, LORRAINE C. MILLER, God. Clerk. whose compassion taught me to be Enclosure. The SPEAKER. Congratulations. You compassionate; my father, whose sense STATE OF LOUISIANA, are now a Member of the 110th Con- of humor taught me to have a sense of Baton Rouge, LA, May 5, 2008. gress. humor, especially about myself; my Hon. LORRAINE C. MILLER, f Uncle John Wayne Jewell, who has a Clerk, House of Representatives, The Capitol, small-town private practice of law and Washington, DC. WELCOMING THE HONORABLE DON CAZAYOUX TO THE HOUSE OF taught me all about public service. I DEAR MS. MILLER: This is to advise you want to thank him and my Aunt Mar- that the unofficial results of the Special REPRESENTATIVES tha for her commitment to justice; my Election held on Saturday, May 3, 2008, for The SPEAKER. Without objection, Representative in Congress from the Sixth mother-in-law, Bonnie, for her good- Congressional District of Louisiana, show the gentleman from Louisiana (Mr. ness; Lindy Boggs, my model of leader- that ‘‘Don’’ Cazayoux received 49,702 or JEFFERSON) is recognized for 1 minute. ship. Thank you for being here, and for 49.20% of the total number of votes cast for There was no objection. the rest of my family and friends, with- that office. Mr. JEFFERSON. Madam Speaker, out whose help I could not be here, It would appear from these unofficial re- on behalf of the Louisiana delegation, physically here, period. sults that ‘‘Don’’ Cazayoux was elected as we are proud to welcome DON I also want to thank the members Representative in Congress from the Sixth CAZAYOUX to this magnificent House. Congressional District of Louisiana. and the constituents of my district for He understands the values of faith, electing me and for challenging me to To the best of our knowledge and belief at family and public service. He grew up this time, there is no contest to this elec- come here to work with you to meet tion. in New Roads, Louisiana, has been the demands that they face every day As soon as the official results are certified married for 21 years to a retired school to solve the problems in a common- to this office by all Parishes involved, an of- teacher, Cherie, and they have three sense, fiscally prudent manner in terms ficial Certificate of Election will be prepared children, Michael, Chavanne and Katie, of health care, the price of gas or what for transmittal as required by law. who are all here today, I am sure. He have you. If I can ever be of any assistance to you, has served in the State House since please do not hesitate contacting me. Thank you so much for welcoming 1999, and he has, of course, been well me, and I look forward to working with With best wishes, qualified before that, having served in JAY DARDENNE, each of you. a number of public service offices, in- Secretary of State. f Enclosure. cluding as the District Attorney of Pointe Coupee Parish. ELECTION # 5/03/08 RESULTS FOR OFFICE ANNOUNCEMENT BY THE SPEAKER Now, I might say a lot of things Office: U.S. Representative, 6th Congres- The SPEAKER. Under clause 5(d) of sional District (One to be Elected), Precincts about his former preparation for this, but let me say this, as we grow older, rule XX, the Chair announces to the reporting: 512 of 512, Total Votes: 101,011 House that, in light of the administra- 100%. we get to know folks through our children. My daughter is the best rep- tion of the oath to the gentleman from SPECIAL ELECTION resentative I know of what we all know Louisiana, the whole number of the House is 433. now about DON CAZAYOUX. When she Votes Percent Candidate name Pty first started in the Louisiana State f 448 ...... 0.44 Peter J. Aranyosi ...... N House, DON CAZAYOUX was already 3,718 ...... 3.68 Ashley Casey...... N ANNOUNCEMENT BY THE SPEAKER 49,702 ...... 49.20 ‘‘Don’’ Cazayoux...... D there. She told me she met this won- PRO TEMPORE 402 ...... 0.40 Randall T. Hayes ...... O derful young man who was helpful to 46,741 ...... 46.27 Louis ‘‘Woody’’ Jenkins ... R her. The SPEAKER pro tempore (Mrs. TAUSCHER). Without objection, 5- f After she got to know him a bit better, she said he was a very thoughtful minute voting will continue. SWEARING IN OF THE HONORABLE representative. As she got to know him There was no objection. DON CAZAYOUX, OF LOUISIANA, even more, she said he was a very de- f AS A MEMBER OF THE HOUSE cent man. Mr. JEFFERSON. Madam Speaker, I On the recommendation of my daugh- MOTION TO INSTRUCT CONFEREES ask unanimous consent that the gen- ter, he was helpful, he was thoughtful, ON H.R. 2419, FOOD AND ENERGY tleman from Louisiana, the Honorable and he is thoroughly decent. Through SECURITY ACT OF 2007 DON CAZAYOUX, be permitted to take that description, I think we all will get The SPEAKER pro tempore. The un- the oath of office today. to know him as well. finished business is the vote on the mo- His certificate of election has not ar- I am proud, on behalf of all of us tion to instruct on H.R. 2419 offered by rived, but there is no contest and no here, to present this wonderful young the gentleman from Wisconsin (Mr. question has been raised with regard to man, who is a cousin of Lindy Boggs, RYAN) on which the yeas and nays were his election. who is here with us today. ordered.

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.026 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3063 The Clerk will redesignate the mo- Farr Lofgren, Zoe Rothman The SPEAKER pro tempore. The tion. Fattah Lowey Roybal-Allard question is on the motion to table. Filner Lucas Ruppersberger The Clerk redesignated the motion. Forbes Lynch Ryan (OH) The question was taken; and the The SPEAKER pro tempore. The Fortenberry Mahoney (FL) Salazar Speaker pro tempore announced that question is on the motion to instruct. Frank (MA) Maloney (NY) Sali the ayes appeared to have it. Giffords Manzullo Sa´ nchez, Linda This will be a 5-minute vote. Gillibrand Markey T. RECORDED VOTE The vote was taken by electronic de- Gohmert Matsui Sanchez, Loretta Mr. WALSH of New York. Madam Gonzalez McCarthy (NY) vice, and there were—yeas 172, nays Sarbanes Speaker, I demand a recorded vote. Goodlatte McCollum (MN) Schakowsky 241, not voting 19, as follows: Gordon McDermott Schwartz A recorded vote was ordered. [Roll No. 247] Graves McGovern Scott (VA) The SPEAKER pro tempore. This Green, Al McIntyre Serrano will be a 5-minute vote. YEAS—172 Green, Gene McMorris Shea-Porter Grijalva Rodgers The vote was taken by electronic de- Aderholt Garrett (NJ) Pence Shimkus Gutierrez McNerney vice, and there were—ayes 203, noes 176, Akin Gerlach Petri Shuler Hall (NY) McNulty Alexander Gilchrest Pickering Shuster not voting 53, as follows: Hare Meek (FL) Bachus Gingrey Pitts Simpson Hastings (FL) Melancon [Roll No. 248] Baird Goode Platts Sires Hayes Michaud Barrett (SC) Granger Porter Skelton AYES—203 Herger Miller (MI) Bartlett (MD) Hall (TX) Price (GA) Slaughter Abercrombie Green, Gene Olver Herseth Sandlin Miller (NC) Barton (TX) Harman Ramstad Smith (NE) Ackerman Grijalva Higgins Miller, George Ortiz Bean Hastings (WA) Regula Snyder Allen Gutierrez Hill Mollohan Pallone Berman Heller Rehberg Solis Altmire Hall (NY) Hinojosa Moore (KS) Pascrell Biggert Hensarling Reichert Baca Hare Hirono Moore (WI) Space Pastor Bilbray Hinchey Renzi Bachmann Harman Hodes Moran (KS) Spratt Payne Bilirakis Hobson Reynolds Baird Hastings (FL) Holden Moran (VA) Stupak Perlmutter Blumenauer Hoekstra Rogers (AL) Baldwin Herseth Sandlin Honda Murphy (CT) Sutton Peterson (MN) Blunt Holt Rogers (KY) Barrow Higgins Hooley Murphy, Tim Tanner Pomeroy Boehner Hunter Rogers (MI) Bean Hill Hoyer Murtha Tauscher Price (NC) Bonner Inglis (SC) Rohrabacher Becerra Hinchey Inslee Musgrave Taylor Rahall Bono Mack Israel Ros-Lehtinen Berkley Hirono Jackson (IL) Nadler Thompson (CA) Rangel Boucher Issa Roskam Bishop (GA) Holden Jackson-Lee Napolitano Thompson (MS) Reyes Brady (TX) Johnson, Sam Royce Bishop (NY) Holt (TX) Neal (MA) Thornberry Rodriguez Broun (GA) Jordan Ryan (WI) Blumenauer Honda Jefferson Neugebauer Tiahrt Ross Brown (SC) Keller Saxton Boswell Hooley Johnson (GA) Obey Towns Brown-Waite, Kind Schiff Boucher Hoyer Rothman Johnson (IL) Olver Tsongas Ginny King (NY) Schmidt Boyd (FL) Inslee Roybal-Allard Johnson, E. B. Ortiz Udall (CO) Burgess Kingston Scott (GA) Boyda (KS) Israel Ruppersberger Kagen Pallone Udall (NM) Buyer Kirk Sensenbrenner Brady (PA) Jackson (IL) Salazar Kanjorski Pascrell Vela´ zquez Calvert Knollenberg Sessions Braley (IA) Jackson-Lee Sanchez, Loretta Kaptur Pastor Visclosky Camp (MI) Kuhl (NY) Sestak Brown, Corrine (TX) Schakowsky Kennedy Payne Walden (OR) Cannon Lamborn Shadegg Capps Jefferson Schiff Kildee Pearce Walsh (NY) Cantor Lampson Shays Capuano Johnson (GA) Schwartz Kilpatrick Perlmutter Walz (MN) Capito Larson (CT) Sherman Cardoza Johnson, E. B. Scott (GA) King (IA) Peterson (MN) Wasserman Castle Latham Smith (NJ) Carnahan Kagen Scott (VA) Klein (FL) Poe Schultz Chabot LaTourette Smith (TX) Carney Kanjorski Serrano Kline (MN) Pomeroy Waters Coble Latta Smith (WA) Castor Kildee Sestak Kucinich Price (NC) Watson Cooper Lewis (CA) Souder Cazayoux Kilpatrick Shea-Porter LaHood Putnam Watt Crenshaw Linder Stark Clarke Kind Sherman Langevin Radanovich Waxman Crowley Lipinski Stearns Clay Klein (FL) Shuler Larsen (WA) Rahall Welch (VT) Culberson LoBiondo Sullivan Cleaver Kucinich Sires Lee Rangel Weller Davis, David Lungren, Daniel Tancredo Clyburn Lampson Levin Reyes Wexler Skelton Davis, Tom E. Terry Cohen Langevin Lewis (GA) Richardson Wilson (OH) Slaughter Deal (GA) Mack Tiberi Conyers Larsen (WA) Lewis (KY) Rodriguez Wittman (VA) Smith (WA) Dent Marchant Tierney Costa Lee Loebsack Ross Yarmuth Snyder Diaz-Balart, L. Matheson Turner Costello Levin Space Diaz-Balart, M. McCarthy (CA) Upton NOT VOTING—19 Courtney Lewis (GA) Spratt Dreier McCaul (TX) Van Hollen Crowley Lipinski Andrews Dicks Peterson (PA) Stark Duncan McCotter Walberg Cuellar Loebsack Blackburn Hulshof Stupak Ehlers McCrery Wamp Pryce (OH) Cummings Lofgren, Zoe Burton (IN) Jones (NC) Rush Sutton English (PA) McHugh Weiner Davis (AL) Lowey Tanner Butterfield Jones (OH) Speier Everett McKeon Weldon (FL) Davis (CA) Lynch Tauscher Feeney Meeks (NY) Westmoreland Campbell (CA) Marshall Wynn Davis (IL) Mahoney (FL) Taylor Ferguson Mica Whitfield (KY) Carson McHenry Davis, Lincoln Maloney (NY) Thompson (CA) Flake Miller (FL) Wilson (NM) Cramer Oberstar DeFazio Markey Thompson (MS) Fossella Miller, Gary Wilson (SC) DeGette Matheson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Tierney Foster Mitchell Wolf Delahunt Matsui Towns Foxx Murphy, Patrick Woolsey The SPEAKER pro tempore (during DeLauro McCarthy (NY) Tsongas Franks (AZ) Myrick Wu the vote). Two minutes remain on this Dicks McCollum (MN) Udall (CO) Frelinghuysen Nunes Young (AK) Dingell McDermott vote. Udall (NM) Gallegly Paul Young (FL) Doggett McGovern Donnelly McIntyre Van Hollen b 1337 ´ NAYS—241 Edwards McNerney Velazquez Visclosky Abercrombie Buchanan Davis (AL) Ms. BERKLEY, Messrs. DAVIS of Il- Ellison McNulty Walz (MN) Ackerman Capps Davis (CA) linois, BECERRA, JACKSON of Illi- Ellsworth Meeks (NY) Wasserman Allen Capuano Davis (IL) Emanuel Melancon nois, JEFFERSON, Mrs. MCMORRIS Schultz Altmire Cardoza Davis (KY) Engel Miller (NC) Arcuri Carnahan Davis, Lincoln RODGERS, and Ms. BALDWIN changed Eshoo Miller, George Waters Baca Carney DeFazio their vote from ‘‘yea’’ to ‘‘nay.’’ Etheridge Mitchell Watson Bachmann Carter DeGette Messrs. ISRAEL, NUNES and Farr Moore (KS) Watt Fattah Moore (WI) Waxman Baldwin Castor Delahunt MCCARTHY of California changed Barrow Cazayoux DeLauro Filner Moran (VA) Weiner Becerra Chandler Dingell their vote from ‘‘nay’’ to ‘‘yea.’’ Foster Murphy (CT) Welch (VT) Berkley Clarke Doggett So the motion to instruct was re- Frank (MA) Murphy, Patrick Wexler Berry Clay Donnelly jected. Giffords Nadler Whitfield (KY) Bishop (GA) Cleaver Doolittle Gillibrand Napolitano Wilson (OH) Bishop (NY) Clyburn Doyle The result of the vote was announced Gordon Neal (MA) Woolsey Bishop (UT) Cohen Drake as above recorded. Green, Al Obey Yarmuth Boozman Cole (OK) Edwards Mr. WALSH of New York. Madam NOES—176 Boren Conaway Ellison Speaker, I move to reconsider the vote. Boswell Conyers Ellsworth Aderholt Biggert Bono Mack Boustany Costa Emanuel MOTION TO TABLE OFFERED BY MR. HASTINGS Akin Bilbray Boozman Boyd (FL) Costello Emerson OF FLORIDA Alexander Bilirakis Brady (TX) Boyda (KS) Courtney Engel Mr. HASTINGS of Florida. Madam Bachus Bishop (UT) Broun (GA) Brady (PA) Cubin Eshoo Barrett (SC) Blunt Brown (SC) Braley (IA) Cuellar Etheridge Speaker, I move to lay the motion to Bartlett (MD) Boehner Brown-Waite, Brown, Corrine Cummings Fallin reconsider on the table. Barton (TX) Bonner Ginny

VerDate Aug 31 2005 05:20 May 07, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.028 H06MYPT1 jbell on PROD1PC69 with HOUSE H3064 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Buchanan Hobson Pickering Mr. Cantor moves the managers on the Whereas nurses are an integral part of the Burgess Hoekstra Pitts part of the House at the conference on the health care delivery team and provide qual- Buyer Hunter Platts disagreeing votes of the two Houses on the ity care, support, and education to patients Calvert Inglis (SC) Poe Senate amendment to the bill H.R. 2419 be and their families, conduct essential re- Camp (MI) Issa Porter Cannon Johnson (IL) Price (GA) instructed not to agree to the provisions search, and serve as strong patient advo- Cantor Johnson, Sam Putnam contained in section 12808 of the Senate cates: Now, therefore, be it Capito Jordan Ramstad amendment (relating to qualified forestry Resolved, That the House of Representa- Carter Keller Regula conservation bonds). tives— Castle King (IA) (1) recognizes the significant contributions Rehberg f Chabot King (NY) Reichert of nurses to the health care system of the Coble Kingston Renzi ANNOUNCEMENT BY THE SPEAKER United States; Cole (OK) Kirk Rogers (KY) Conaway Kline (MN) PRO TEMPORE (2) supports the goals and ideals of Na- Rogers (MI) tional Nurses Week, as founded by the Amer- Crenshaw Knollenberg Rohrabacher The SPEAKER pro tempore. Pursu- Cubin Kuhl (NY) ican Nurses Association; and Ros-Lehtinen Culberson LaHood ant to clause 8 of rule XX, the Chair (3) encourages the people of the United Roskam Davis (KY) Lamborn will postpone further proceedings Royce States to observe National Nurses Week with Davis, David Latham Ryan (WI) today on motions to suspend the rules appropriate recognition, ceremonies, activi- Davis, Tom LaTourette Sali on which a recorded vote or the yeas ties, and programs to demonstrate the im- Dent Latta Saxton Diaz-Balart, L. Lewis (CA) and nays are ordered, or on which the portance of nurses to the everyday lives of Diaz-Balart, M. Lewis (KY) Sensenbrenner vote is objected to under clause 6 of patients. Doolittle Linder Sessions Shadegg rule XX. The SPEAKER pro tempore. Pursu- Drake LoBiondo ant to the rule, the gentleman from Dreier Lucas Shays Record votes on postponed questions Duncan Lungren, Daniel Shimkus will be taken later. Texas (Mr. GENE GREEN) and the gen- Shuster Ehlers E. f tleman from Nebraska (Mr. TERRY) Emerson Mack Simpson Smith (NE) each will control 20 minutes. English (PA) Manzullo NATIONAL NURSES WEEK The Chair recognizes the gentleman Everett Marchant Smith (NJ) Fallin McCarthy (CA) Smith (TX) Mr. GENE GREEN of Texas. Madam from Texas. Ferguson McCaul (TX) Souder Speaker, I move to suspend the rules GENERAL LEAVE Flake McCotter Stearns and agree to the resolution (H. Res. Mr. GENE GREEN of Texas. Madam Forbes McCrery Sullivan Fortenberry McHugh Tancredo 1086) recognizing National Nurses Week Speaker, I ask unanimous consent that Fossella McKeon Terry on May 6 through May 12, 2008. all Members may have 5 legislative Foxx McMorris Thornberry The Clerk read the title of the resolu- days to revise and extend their re- Tiberi Franks (AZ) Rodgers tion. marks and insert extraneous material Frelinghuysen Mica Turner Garrett (NJ) Miller (FL) Upton The text of the resolution is as fol- on the resolution under consideration. Gerlach Miller (MI) Walberg lows: The SPEAKER pro tempore. Is there Gilchrest Miller, Gary Walden (OR) H. RES. 1086 objection to the request of the gen- Gingrey Moran (KS) Walsh (NY) tleman from Texas? Gohmert Murphy, Tim Weldon (FL) Whereas, since 2003, National Nurses Week Goode Musgrave Weller is celebrated annually from May 6, also There was no objection. Goodlatte Myrick Westmoreland known as National Nurses Day, through May Mr. GENE GREEN of Texas. Madam Granger Neugebauer Wilson (NM) 12, the birthday of Florence Nightingale, the Speaker, I yield myself as much time Graves Nunes Wilson (SC) founder of modern nursing; as I may consume. Hall (TX) Paul Wittman (VA) Madam Speaker, I rise today in sup- Hastings (WA) Pearce Wolf Whereas National Nurses Week is the time Hayes Pence Young (AK) each year when nurses are recognized for the port of H. Res. 1086 recognizing today, Hensarling Petri Young (FL) critical role they play in providing safe, May 6, through May 12 as National high-quality, and preventative health care; NOT VOTING—53 Nurses Week. As a cosponsor of this Whereas nurses are the cornerstone of the resolution, I am proud to lend my voice Andrews Gonzalez Peterson (PA) Nation’s complex health care system, rep- Arcuri Heller Pryce (OH) in support of our Nation’s nurses. resenting the largest single component of Continuing in the illustrious tradi- Berman Herger Radanovich the health care profession, with an estimated Berry Hinojosa Reynolds over 2,500,000 registered nurses in the United tion of Florence Nightingale, the Blackburn Hodes Richardson founder of modern nursing, nurses Boren Hulshof Rogers (AL) States; Boustany Jones (NC) Rush Whereas, according to a study published in today continue to attend to our Armed Burton (IN) Jones (OH) Ryan (OH) the New England Journal of Medicine in May Forces overseas. These brave men and Butterfield Kaptur Sa´ nchez, Linda 2002, a higher proportion of nursing care pro- women place themselves at risk in war Campbell (CA) Kennedy T. vided by registered nurses and a greater zones, including the conflicts in Af- Carson Larson (CT) Sarbanes number of hours of care by registered nurses Chandler Marshall Schmidt ghanistan and Iraq, to tend to our in- Cooper McHenry Solis per day are associated with better outcomes jured soldiers. Besides tending to the Cramer Meek (FL) Speier for hospitalized patients; wounded abroad, nurses are also on the Deal (GA) Michaud Tiahrt Whereas nurses are experienced research- Doyle Mollohan Wamp ers and their work encompasses a wide scope front lines of our health care system Feeney Murtha Wu of scientific inquiry including clinical re- here at home. Whether their primary Gallegly Oberstar Wynn search, health systems and outcomes re- function is to care for our aging popu- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE search, and nursing education research; lation or to provide immediate aid to The SPEAKER pro tempore (during Whereas nurses are currently serving the the sick and injured, our nurses pro- the vote). Two minutes are remaining Nation admirably in the conflicts in Iraq and vide quality patient care and support Afghanistan; on this vote. to keep our health care system run- Whereas nurses help inform and educate ning. b 1344 the public to improve the practice of all As the Nation continues to face a nurses and, more importantly, the health nursing shortage, with a projected 1 So the motion to table was agreed to. and safety of the patients they care for; The result of the vote was announced Whereas the Nation continues to face a million new nurses needed by 2016, it is as above recorded. nursing shortage unprecedented in its depth especially important that everyone is f and duration, with a projection of over aware of the sacrifices nurses make on 1,000,000 new and replacement nurses needed a daily basis for our country. We must ANNOUNCEMENT OF INTENTION TO by 2016; continue to encourage more young peo- OFFER MOTION TO INSTRUCT Whereas the nationwide nursing shortage ple and those seeking a change in ca- CONFEREES ON H.R. 2419, FOOD has caused dedicated nurses to work longer reer to join the nursing profession. AND ENERGY SECURITY ACT OF hours and care for more acutely ill patients; The resolution before us encourages 2007 Whereas nurses are strong allies to Con- all Americans to observe this week as gress as they help inform, educate, and work Mr. CANTOR. Madam Speaker, under closely with legislators to improve the edu- National Nurses Week by showing ap- rule XXII, clause 7(c), I hereby an- cation, retention, recruitment, and practice propriate recognition to nurses and nounce my intention to offer a motion of all nurses and, more importantly, the creating programs and activities dur- to instruct on H.R. 2419. health and safety of the patients they care ing the week to demonstrate the im- The form of the motion is as follows: for; and portance of nurses.

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.011 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3065 I would like to thank my colleagues lation, and I appreciate Members’ ef- (1) recognizes the significant con- and former nurses, Congresswoman forts to rally support for H. Res. 1086. tributions of nurses to the health care EDDIE BERNICE JOHNSON, Congress- Nurses are a key component of our system of the United States; woman CAROLYN MCCARTHY, and Con- Nation’s health care system. Whether (2) supports the goals and ideals of gresswoman LOIS CAPPS, for their lead- on the battlefield or at sea, in a skilled National Nurses Week as founded by ership on this measure. Again, I reit- nursing facility, in a hospital or even the American Nurses Association; and erate, they are former nurses, although in a patient’s own home, the care that (3) encourages the people of this Na- I don’t know if you are ever a former a nurse provides is very valuable. tion to observe National Nurses Week nurse. I urge my colleagues on both Nurses are intelligent individuals who with appropriate recognition, cere- sides of the aisle to join me in support must often make quick decisions in an monies, activities, and programs to of the resolution and its adoption. effort to save the life of a patient, even demonstrate the importance of nurses Madam Speaker, I reserve the bal- before the physician arrives. Nurses are to the everyday lives of patients. ance of my time. recognized as the patient’s primary ad- Along with my many supportive col- Mr. TERRY. I yield myself as much vocate and every poll shows that leagues, I want to thank the House time as I may consume. nurses are always very trusted by the leadership for bringing this important I rise today in support of House Reso- patients. They are tasked with closely resolution to the floor. I urge its sup- lution 1086, acknowledging May 6 monitoring even small changes in a pa- port. through May 12, 2008, as National tient’s health. Nurses are tough, di- Mr. TERRY. Madam Speaker, I would Nurses Week. In addition to kicking off rected, decision-making people who like to yield 2 minutes to one of our National Nurses Week today, we are work under stress and in difficult situ- physicians in the House of Representa- also celebrating the comforts and care tives, the gentleman from Georgia (Mr. that nurses provide by recognizing May ations. For 15 years I provided hands-on pa- GINGREY). 6 as National Nurses Day. This tradi- Mr. GINGREY. Madam Speaker, I tion started in 1982 when President tient care as a psychiatric nurse at the Veterans Administration Hospital in rise today in strong support of House Ronald Reagan signed a proclamation Resolution 1086, recognizing National making today National Recognition Dallas. The work was challenging but fulfilling. That’s why I still remain Nurses Week, which is May 6 through Day for Nurses. May 12 of this year. I am proud to be a This is a week to recognize nurses as very interested in quality care for all of our veterans. Although more than cosponsor of this bill. I would like to being the largest single component of thank the gentlewoman from Texas the health care profession with over 2.5 2.5 million nurses work in the United (Ms. EDDIE BERNICE JOHNSON)—Nurse million registered nurses in the United States, our Nation has suffered from a nursing shortage. Those currently in JOHNSON—for advancing this legisla- States and the critical role they play tion to help educate the American peo- in providing care to not only the citi- the profession are beginning to retire. ple about the critical role that nurses zens of America but are also serving There are fewer individuals entering the profession. The nursing shortage is play in health care delivery. our Nation in both Iraq and Afghani- With May 12 being the birthday of unprecedented in its depth and dura- stan. In addition to the immediate care Florence Nightingale, the founder of they provide to patients, they also tion, with a projection of over 1 million modern nursing, there is not a more have helped to educate, inform and im- new and replacement nurses needed by appropriate time to celebrate the work prove education and retention of 2016. done by nurses. As an OB–GYN physi- nurses. Nursing schools need help attracting I would like to thank the author of cian for almost 30 years, I was fortu- well-prepared faculty to recruit the nate to work with intelligent, hard- this resolution, Ms. EDDIE BERNICE best and brightest into their edu- working, compassionate nurses, and JOHNSON of Texas, for her leadership in cational programs. Loan forgiveness they were indeed a cornerstone of the honoring nurses that have helped pro- and educational incentive programs mote health, prevent disease and help high quality health care we provided. can help, but Congress must do more to Madam Speaker, nurses are on the other Americans cope with illness. I encourage bright young minds toward encourage all of my colleagues to vote front lines of health care delivery not nursing. only here at home but also in Iraq and in favor of this resolution. Nursing is a career that has been val- Madam Speaker, I reserve the bal- Afghanistan. Therefore, because we are ued for a long time, and it is fitting to relying on our nurses so heavily and ance of my time. recognize the Navy Nurse Corps on its Mr. GENE GREEN of Texas. Madam because we currently are experiencing 100th anniversary this year. For nearly Speaker, I yield 5 minutes to my good a shortage of nurses, it is critical to 100 years before Congress formally es- friend and colleague from Texas, Con- support nurse training programs. That tablished the Navy Nurse Corps in 1908, gresswoman EDDIE BERNICE JOHNSON, is why I recently joined with a number women worked as nurses aboard Navy who literally I have served with since of my colleagues in supporting title ships and in Navy hospitals. As early as 1973 with just a little break in the serv- VIII funding to provide loans and the War of 1812, volunteers performed ice. grants to our Nation’s nursing stu- Ms. EDDIE BERNICE JOHNSON of nursing duty in places that were often dents. Texas. Let me thank my colleague and dangerous and required courage in the I urge all my colleagues to support friend of longstanding. I want to also face of adversity. Members of the es- the goals of National Nurses Week. thank the minority side for their as- teemed Navy Nurse Corps care for Mr. GENE GREEN of Texas. Madam sistance, and both Chairman DINGELL those brave men and women who fight Speaker, I yield 3 minutes to a col- and Ranking Member BARTON. for our freedoms. They contribute to league on the Energy and Commerce As a registered nurse with a master’s relief efforts in all corners of the globe. Committee and a good friend, Con- degree, it is a privilege and a delight to They serve in lead roles as part of a gresswoman LOIS CAPPS, and also a offer a resolution recognizing National unified health care team. The Navy nurse. Nurses Week which is May 6 through Nurse Corps practices progressive pa- Mrs. CAPPS. I thank my colleague 12. I have two outstanding colleagues tient care. It enjoys a rich heritage, ac- for yielding. that we have found to have something companied by high-tech training. A Madam Speaker, I rise in support of in common, Congresswoman LOIS registered nurse in the Navy is also a House Resolution 1086 and in support of CAPPS and Congresswoman CAROLYN respected officer, serving in modern fa- National Nurses Week. I commend my MCCARTHY, who are also nurses and cilities at home, at sea, around the friend and fellow nurse, the gentle- champions of this resolution and of the country and across the globe. woman from Texas (Ms. EDDIE BERNICE profession, and I thank them for their I am proud to especially recognize JOHNSON), for introducing this resolu- efforts to encourage more than 110 con- the Navy Nurse Corps for its centuries tion. As we observe National Nurses gressional colleagues to cosponsor this of outstanding service for our military Week, I hope we can work together to bill honoring nurses. men and women. raise awareness about important issues The Congressional Nursing Caucus Today’s resolution honors the good facing our nursing community and the was also helpful in promoting the legis- work that all nurses do. important impact that nurses make to

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.035 H06MYPT1 jbell on PROD1PC69 with HOUSE H3066 CONGRESSIONAL RECORD — HOUSE May 6, 2008 the lives of patients and their role in can be physically draining; but it MCCARTHY of my home State, New the arena of public health. This is cen- couldn’t be a better career. York. tral to our delivery of health care. When I first joined nursing over 30 Additionally, I want to pay special years ago, I worked in the intensive b 1400 tribute to the nurses who are serving in care unit, and I spent most of my life Iraq and Afghanistan and the nurses We know that nurses advocate for there and just to be able to help a pa- who generally attend to those who suf- their patients and provide personal tient in their greatest need but also to fer wounds from those conflicts. care at the bedside. Often, it is life-sav- work with their families to comfort Along with other health care profes- ing care. They are also community them as they saw their loved one going sionals, a nurse is responsible for the educators, primary care providers, and through a traumatic injury. treatment, safety, and recovery of they serve in our military so often put- We need to make sure that this coun- acutely or chronically ill people. They ting themselves in harm’s way to carry try has a supply of nurses continu- also help to maintain a patient’s out their duties. ously. We have many young people health and provide treatment to those But we are facing a terrible shortage that want to go to nursing school, but who are facing life-threatening emer- of nurses. We are jeopardizing our abil- what we have found over the years is gencies like 9/11 and Hurricane ity to provide the best quality care we don’t have enough professors to be Katrina. Nurses are also involved in which each individual and each family able to teach them to be nurses. So in medical and nursing research and pro- deserves in this country of ours. As a the Higher Education Act, there is vide a wide range of nonclinical func- registered nurse currently serving in going to be funding in there to make tions. Congress, I feel it is my duty to advo- sure that those that want to go into a Today, there are 2.4 million reg- cate not only on behalf of my patients, higher education to be able to teach istered nurses in the United States; 92 but also on behalf of my fellow nurses. nursing, it can work out for us. percent of the registered nurses are I am co-Chair of our House Nursing When we look at the future, we’re women. There are 531,000 licensed voca- Caucus, and I was honored to be joined seeing today in our hospitals such a tional nurses; 1.8 million is the number by 155 of our colleagues in a letter to shortage of nurses that a lot of the of nursing psychiatric and home health the Appropriations Committee request- nurses are doing a lot of overtime. aides. We cannot do without them. ing additional funding for nurse edu- When they take a day off, they’re al- I greatly commend the American cation programs. These programs have ways called to come back in. That is Nurses Association and the American trained thousands of nurses, but we are not acceptable, mainly because you Academy of Nurse Practitioners, and in desperate need of so many more. have to be totally alert at all times. all of the nursing associations and aca- And the very fact that we are funding And I certainly tip my hat to my fel- demic institutions who train nurses title VIII nurse education at the same low nurses that go through this every and promote the advancement of the exact amount that we did over 30 years single day. profession. I look forward to working ago is, quite frankly, inexcusable. They stay in the profession because with members of the associations, aca- In addition, nurses face difficult con- they love the profession. They stay in demia, and others in making certain ditions in the workplace such as man- the profession because it is a calling. that we continue to increase the datory overtime, unsafe staffing num- Not everyone can be a nurse. It is a amount of nurses. bers, hazardous lifting, and other work- calling. I salute those men and women In closing, I wish to thank my col- place settings. These conditions are di- that go into nursing, and I also salute leagues again, Congresswoman JOHN- rectly contributing to our inability to the women and men that are fighting SON, Congresswoman CAPPS, and Con- retain many qualified nurses in the in Iraq and Afghanistan and taking gresswoman MCCARTHY for their lead- hospital setting. As our Baby Boomers their nursing care to the soldiers and retire and our demand for nurses soars, ership on this issue, and I urge my col- giving them comfort when they need it. leagues to join me in supporting this let us use this week as an opportunity There is no greater, in my opinion, pro- to reinforce our commitment to our resolution. And I want to thank very fession than to be a nurse. much my colleague from Texas (Mr. current and our future nurses and With that being said, I hope my col- thereby to a safer and healthier Na- GREEN) and, of course, others who have leagues will support H. Res. 1086 and been involved in this resolution. tion. recognize National Nurses Week. Mr. TERRY. Mr. Speaker, in our Mr. TERRY. I continue to reserve. I Mr. TERRY. May I inquire how much closing, let me once again reiterate our have no further speakers. time is remaining. Mr. GENE GREEN of Texas. I yield 3 The SPEAKER pro tempore (Mr. appreciation to the authors of this bill, Ms. JOHNSON from Texas, Mrs. LOIS minutes to our colleague from New SERRANO). The gentleman from Ne- York, CAROLYN MCCARTHY. braska has 17 minutes remaining. The CAPPS from California, and Mrs. MCCARTHY from New York; and, once Mrs. MCCARTHY of New York. Mr. gentleman from Texas has 101⁄2 minutes Speaker, I would like to thank LOIS remaining. again, encourage our side of the aisle CAPPS and EDDIE BERNICE JOHNSON for Mr. TERRY. We have no further to vote ‘‘yes’’ on this measure. bringing this forward on H. Res. 1086, speakers. I continue to reserve. We have no further requests for time. recognizing National Nurses Week. Mr. GENE GREEN of Texas. Mr. Mr. Speaker, I yield back all of our I have spent over 30 years as a nurse, Speaker, I yield 3 minutes to our fellow time. and it was mentioned earlier, someone Energy and Commerce member, Con- Mr. GENE GREEN of Texas. Mr. said, Once a nurse. Well, let me say, gressman TOWNS from New York. Speaker, in closing, I join my colleague Once a nurse, always a nurse. We carry Mr. TOWNS. Mr. Speaker, first of all, from Nebraska in encouraging all of our duties even here to the House of I rise to support my colleague for our Members to support this resolution Representatives. bringing this resolution forward. I in recognition of National Nurses I sit on the Education Committee, want to congratulate him on that. Week. and what I have been working on since I rise today in support of H. Res. 1086, I yield back the balance of my time. I came here was making sure that our recognizing National Nurses Week on The SPEAKER pro tempore. The nurses get every opportunity to in- May 6 through May 12. As a cosponsor question is on the motion offered by crease our numbers. As has been men- of this resolution, I’m proud to speak the gentleman from Texas (Mr. GENE tioned before by both of my colleagues, out in honor of our valiant, committed GREEN) that the House suspend the the nursing shortage in this country is nurses who make our Nation and our rules and agree to the resolution, H. of a crisis proportion. We see that our loved ones safe and well. I pay special Res. 1086. nurses today are a lot older; they’re at tribute to my esteemed colleagues in The question was taken. the retirement age, and we must do ev- Congress who introduced this resolu- The SPEAKER pro tempore. In the erything that we can to make sure that tion and who are, themselves, nurses: opinion of the Chair, two-thirds being we have our young people coming into The Honorable EDDIE BERNICE JOHNSON in the affirmative, the ayes have it. a very, very rewarding career. Nursing of Texas, the Honorable LOIS CAPPS of Mr. FRELINGHUYSEN. Mr. Speaker, can be demanding, it can be tiring, it California, and the Honorable CAROLYN I object to the vote on the ground that

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.037 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3067 a quorum is not present and make the Sec. 404. Coordination. SEC. 102. REGISTRATION AND INFRINGEMENT point of order that a quorum is not Sec. 405. Authorization of appropriations. ACTIONS. (a) REGISTRATION IN CIVIL INFRINGEMENT TITLE V—DEPARTMENT OF JUSTICE present. ACTIONS.—Section 411 of title 17, United The SPEAKER pro tempore. Pursu- PROGRAMS States Code, is amended— ant to clause 8 of rule XX and the Subtitle A—Coordination (1) in the section heading, by inserting Chair’s prior announcement, further Sec. 501. Intellectual Property Enforcement ‘‘civil’’ after ‘‘and’’ ; and proceedings on this motion will be Officer. (2) in subsection (a), by striking ‘‘no action’’ and inserting ‘‘no civil action’’. postponed. Subtitle B—Law Enforcement Resources The point of no quorum is considered (b) TECHNICAL AND CONFORMING AMEND- Sec. 511. Local law enforcement grants. MENT.—Section 411(b) of title 17, United withdrawn. Sec. 512. CHIP units, training, and addi- States Code, is amended by striking ‘‘506 and f tional resources. sections 509 and’’ and inserting ‘‘505 and sec- Sec. 513. Transparency of prosecutorial deci- tion’’. PRIORITIZING RESOURCES AND sionmaking. SEC. 103. CIVIL REMEDIES FOR INFRINGEMENT. ORGANIZATION FOR INTELLEC- Sec. 514. Authorization of appropriations. Section 503(a) of title 17, United States TUAL PROPERTY ACT OF 2008 Subtitle C—International Activities Code, is amended— (1) by striking ‘‘and of all plates’’ and in- Mr. CONYERS. Mr. Speaker, I move Sec. 521. International intellectual property to suspend the rules and pass the bill serting ‘‘of all plates’’; and law enforcement coordinators. (2) by striking the period at the end and in- (H.R. 4279) to enhance remedies for vio- Sec. 522. International training activities of serting the following: ‘‘, and records docu- lations of intellectual property laws, the computer crime and intel- menting the manufacture, sale, or receipt of and for other purposes, as amended. lectual property section. things involved in such violation. The court The Clerk read the title of the bill. Subtitle D—Coordination, Implementation, shall enter an appropriate protective order The text of the bill is as follows: and Reporting with respect to discovery by the applicant of H.R. 4279 Sec. 531. Coordination. any records that have been seized. The protective order shall provide for appropriate Be it enacted by the Senate and House of Rep- Sec. 532. Annual reports. procedures to assure that confidential infor- resentatives of the United States of America in SEC. 2. REFERENCE. mation contained in such records is not im- Congress assembled, Any reference in this Act to the ‘‘Trade- properly disclosed to the applicant.’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mark Act of 1946’’ refers to the Act entitled SEC. 104. TREBLE DAMAGES IN COUNTERFEITING (a) SHORT TITLE.—This Act may be cited as ‘‘An Act to provide for the registration of CASES. the ‘‘Prioritizing Resources and Organiza- trademarks used in commerce, to carry out Section 35(b) of the Trademark Act of 1946 tion for Intellectual Property Act of 2008’’. the provisions of certain international con- (15 U.S.C. 1117(b)) is amended to read as fol- (b) TABLE OF CONTENTS.—The table of conventions, and for other purposes’’, approved lows: tents is as follows: July 5, 1946 (15 U.S.C. 1051 et seq.). ‘‘(b) In assessing damages under subsection Sec. 1. Short title; table of contents. SEC. 3. DEFINITION. (a) for any violation of section 32(1)(a) of this Sec. 2. Reference. In this Act, the term ‘‘United States per- Act or section 220506 of title 36, United Sec. 3. Definition. son’’ means— States Code, in a case involving use of a TITLE I—ENHANCEMENTS TO CIVIL (1) any United States resident or national, counterfeit mark or designation (as defined INTELLECTUAL PROPERTY LAWS (2) any domestic concern (including any in section 34(d) of this Act), the court shall, unless the court finds extenuating cir- Sec. 101. Registration of claim. permanent domestic establishment of any foreign concern), and cumstances, enter judgment for three times Sec. 102. Registration and infringement ac- such profits or damages, whichever amount tions. (3) any foreign subsidiary or affiliate (including any permanent foreign establish- is greater, together with a reasonable attor- Sec. 103. Civil remedies for infringement. ney’s fee, if the violation consists of— Sec. 104. Treble damages in counterfeiting ment) of any domestic concern that is controlled in fact by such domestic concern, ‘‘(1) intentionally using a mark or designa- cases. tion, knowing such mark or designation is a Sec. 105. Statutory damages in counter- except that such term does not include an in- counterfeit mark (as defined in section 34(d) feiting cases. dividual who resides outside the United of this Act), in connection with the sale, of- Sec. 106. Exportation of goods bearing in- States and is employed by an individual or fering for sale, or distribution of goods or fringing marks. entity other than an individual or entity de- services; Sec. 107. Importation and exportation. scribed in paragraph (1), (2), or (3). ‘‘(2) intentionally inducing another to en- TITLE II—ENHANCEMENTS TO CRIMINAL TITLE I—ENHANCEMENTS TO CIVIL gage in a violation specified in paragraph (1); INTELLECTUAL PROPERTY LAWS INTELLECTUAL PROPERTY LAWS or Sec. 201. Criminal infringement of a copy- SEC. 101. REGISTRATION OF CLAIM. ‘‘(3) providing goods or services necessary to the commission of a violation specified in right. Section 410 of title 17, United States Code, paragraph (1), with the intent that the re- Sec. 202. Harmonization of forfeiture proce- is amended— cipient of the goods or services would put the dures for intellectual property (1) by redesignating subsections (c) and (d) goods or services to use in committing the offenses. as subsections (d) and (e), respectively; and violation. Sec. 203. Directive to United States Sen- (2) by inserting after subsection (b) the fol- tencing Commission. lowing: In such a case, the court may award prejudg- ment interest on such amount at an annual Sec. 204. Trafficking in counterfeit goods or ‘‘(c)(1) A certificate of registration satis- interest rate established under section services. fies the requirements of section 411 and sec- 6621(a)(2) of the Internal Revenue Code of TITLE III—COORDINATION AND STRA- tion 412 regardless of any inaccurate infor- 1986, beginning on the date of the service of TEGIC PLANNING OF FEDERAL EFFORT mation contained in the certificate, unless— the claimant’s pleadings setting forth the AGAINST COUNTERFEITING AND PI- ‘‘(A) the inaccurate information was in- RACY claim for such entry of judgment and ending cluded on the application for copyright reg- on the date such entry is made, or for such Subtitle A—Office of the United States Intel- istration with knowledge that it was inac- shorter time as the court considers appro- lectual Property Enforcement Representa- curate; and priate.’’. ‘‘(B) the inaccuracy of the information, if tive SEC. 105. STATUTORY DAMAGES IN COUNTER- Sec. 301. Office of the United States Intellec- known, would have caused the Register of FEITING CASES. tual Property Enforcement Copyrights to refuse registration. Section 35(c) of the Trademark Act of 1946 Representative. ‘‘(2) In any case in which inaccuracies de- (15 U.S.C. 1117) is amended— Sec. 302. Definition. scribed under paragraph (1) are alleged, the (1) in paragraph (1)— court shall request the Register of Copy- Subtitle B—Joint Strategic Plan (A) by striking ‘‘$500’’ and inserting rights to advise the court whether the inac- ‘‘$1,000’’; and Sec. 321. Joint Strategic Plan. curacy of the information, if known, would (B) by striking ‘‘$100,000’’ and inserting Sec. 322. Reporting. have caused the Register of Copyrights to ‘‘$200,000’’; and Sec. 323. Savings and repeals. refuse registration. The Register shall re- (2) in paragraph (2), by striking ‘‘$1,000,000’’ Sec. 324. Authorization of appropriations. spond to the court’s request within 45 days and inserting ‘‘$2,000,000’’. TITLE IV—INTERNATIONAL after the request is made. SEC. 106. EXPORTATION OF GOODS BEARING IN- ENFORCEMENT AND COORDINATION ‘‘(3) Nothing in this subsection shall affect FRINGING MARKS. Sec. 401. Intellectual property attache´s. any rights, obligations, or requirements of a Title VII of the Trademark Act of 1946 (15 Sec. 402. Duties and responsibilities of intel- person related to information contained in a U.S.C. 1124) is amended— lectual property attache´s. registration certificate except for the insti- (1) in the title heading, by inserting after Sec. 403. Training and designation of assign- tution of and remedies in infringement ac- ‘‘IMPORTATION’’ the following: ‘‘OR EX- ment. tions under sections 411 and 412.’’. PORTATION’’; and

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.041 H06MYPT1 jbell on PROD1PC69 with HOUSE H3068 CONGRESSIONAL RECORD — HOUSE May 6, 2008 (2) in section 42— (A) by inserting ‘‘is a felony and’’ after ‘‘(iii) Any property used, or intended to be (A) by striking the word ‘‘imported’’; and ‘‘offense’’ the first place such term appears; used, to commit or substantially facilitate (B) by inserting after ‘‘customhouse of the and the commission of an offense under sub- United States’’ the following: ‘‘, nor shall (B) by striking ‘‘paragraph (1)’’ and insert- section (a). any such article be exported from the United ing ‘‘subsection (a)’’; ‘‘(B) The forfeiture of property under sub- States’’. (3) in subsection (d)(3)— paragraph (A), including any seizure and dis- SEC. 107. IMPORTATION AND EXPORTATION. (A) by inserting ‘‘is a felony and’’ after position of the property and any related judi- (a) IN GENERAL.—The heading for chapter 6 ‘‘offense’’ the first place such term appears; cial or administrative proceeding, shall be of title 17, United States Code, is amended to and governed by the procedures set forth in sec- read as follows: (B) by inserting ‘‘under subsection (a)’’ be- tion 413 of the Comprehensive Drug Abuse fore the semicolon; and Prevention and Control Act of 1970 (21 U.S.C. ‘‘CHAPTER 6—MANUFACTURING REQUIRE- (4) in subsection (d)(4), by inserting ‘‘is a 853), other than subsection (d) of that sec- MENTS, IMPORTATION, AND EXPOR- felony and’’ after ‘‘offense’’ the first place tion. At the conclusion of the forfeiture pro- TATION’’. such term appears. ceedings, the court shall order that any (b) AMENDMENT ON EXPORTATION.—Section SEC. 202. HARMONIZATION OF FORFEITURE PRO- counterfeit label or illicit label and any arti- 602(a) of title 17, United States Code, is CEDURES FOR INTELLECTUAL cle to which a counterfeit label or illicit amended— PROPERTY OFFENSES. label has been affixed, which a counterfeit (1) by redesignating paragraphs (1) through (a) TRAFFICKING IN COUNTERFEIT LABELS.— label or illicit label encloses or accompanies, (3) as subparagraphs (A) through (C), respec- Section 2318 of title 18, United States Code, or which was intended to have had such label tively, and moving such subparagraphs 2 ems is amended— affixed, enclosing, or accompanying, be de- to the right; (1) by amending subsection (d) to read as stroyed or otherwise disposed of according to (2) by striking ‘‘(a)’’ and inserting ‘‘(a) IN- follows: law. FRINGING IMPORTATION AND EXPORTATION.— ‘‘(d) FORFEITURE AND DESTRUCTION; RES- ‘‘(3) RESTITUTION.—When a person is con- ‘‘(1) IMPORTATION.—’’; TITUTION.— victed of an offense under this section, the (3) by striking ‘‘This subsection does not ‘‘(1) CIVIL FORFEITURE PROCEEDINGS.—(A) court, pursuant to sections 3556, 3663A, and apply to—’’ and inserting the following: The following property is subject to for- 3664, shall order the person to pay restitution ‘‘(2) IMPORTATION OR EXPORTATION OF IN- feiture to the United States: to the owner of the marks or copyrighted FRINGING ITEMS.—Importation into the ‘‘(i) Any counterfeit documentation or works involved in the offense and any other United States or exportation from the packaging, and any counterfeit label or il- victim of the offense as an offense against United States, without the authority of the licit label and any article to which a coun- property referred to in section owner of copyright under this title, of copies terfeit label or illicit label has been affixed, 3663A(c)(1)(A)(ii).’’; or phonorecords, the making of which either which a counterfeit label or illicit label en- (2) by striking subsection (e); and constituted an infringement of copyright or closes or accompanies, or which was in- (3) by redesignating subsection (f) as sub- would have constituted an infringement of tended to have had such label affixed, enclos- section (e). copyright if this title had been applicable, is ing, or accompanying. (b) CRIMINAL INFRINGEMENT OF A COPY- an infringement of the exclusive right to dis- ‘‘(ii) Any property constituting or derived RIGHT.— tribute copies or phonorecords under section from any proceeds obtained directly or indi- (1) IN GENERAL.—Section 2319 of title 18, 106, actionable under sections 501 and 506. rectly as a result of a violation of subsection United States Code, is amended by adding at (a). ‘‘(3) EXCEPTIONS.—This subsection does not the end the following: apply to—’’; ‘‘(iii) Any property used, or intended to be ‘‘(g) FORFEITURE AND DESTRUCTION; RES- (4) in paragraph (3)(A) (as redesignated by used, to commit or facilitate the commission TITUTION.— this subsection) by inserting ‘‘or expor- of a violation of subsection (a) that is owned ‘‘(1) CIVIL FORFEITURE PROCEEDINGS.—(A) tation’’ after ‘‘importation’’; and or predominantly controlled by the violator The following property is subject to for- (5) in paragraph (3)(B) (as redesignated by or by a person conspiring with or aiding and feiture to the United States: this subsection)— abetting the violator in committing the vio- ‘‘(i) Any copies or phonorecords manufac- (A) by striking ‘‘importation, for the pri- lation, except that property is subject to for- tured, reproduced, distributed, sold, or other- vate use of the importer’’ and inserting ‘‘im- feiture under this clause only if the Govern- wise used, intended for use, or possessed with portation or exportation, for the private use ment establishes that there was a substan- intent to use in violation of section 506(a) of of the importer or exporter’’; and tial connection between the property and the title 17, any plates, molds, matrices, mas- (B) by inserting ‘‘or departing from the violation of subsection (a). ters, tapes, film negatives, or other articles United States’’ after ‘‘United States’’. ‘‘(B) The provisions of chapter 46 relating by means of which such copies or to civil forfeitures shall extend to any sei- phonorecords may be made, and any elec- (c) CONFORMING AMENDMENTS.—(1) Section 602 of title 17, United States Code, is further zure or civil forfeiture under subparagraph tronic, mechanical, or other devices for man- amended— (A). At the conclusion of the forfeiture pro- ufacturing, reproducing, or assembling such (A) in the section heading, by inserting ‘‘or ceedings, the court shall order that any for- copies or phonorecords. exportation’’ after ‘‘importation’’; and feited counterfeit labels or illicit labels and ‘‘(ii) Any property constituting or derived (B) in subsection (b)— any article to which a counterfeit label or il- from any proceeds obtained directly or indi- (i) by striking ‘‘(b) In a case’’ and inserting licit label has been affixed, which a counter- rectly as a result of a violation of section feit label or illicit label encloses or accom- 506(a) of title 17. ‘‘(b) IMPORT PROHIBITION.—In a case’’; (ii) by striking ‘‘the United States Cus- panies, or which was intended to have had ‘‘(iii) Any property used, or intended to be toms Service’’ and inserting ‘‘U.S. Customs such label affixed, enclosing, or accom- used, to commit or facilitate the commission and Border Protection’’; and panying, be destroyed or otherwise disposed of a violation of section 506(a) of title 17 that (iii) by striking ‘‘the Customs Service’’ and of according to law. is owned or predominantly controlled by the inserting ‘‘U.S. Customs and Border Protec- ‘‘(C) In this paragraph, the term ‘aiding violator or by a person conspiring with or tion’’. and abetting’ means knowingly providing aid aiding and abetting the violator in commit- (2) Section 601(b)(2) of title 17, United to the violator with the intent to facilitate ting the violation, except that property is States Code, is amended by striking ‘‘the the violation. subject to forfeiture under this clause only if United States Customs Service’’ and insert- ‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— the Government establishes that there was a ing ‘‘U.S. Customs and Border Protection’’. (A) The court, in imposing sentence on a per- substantial connection between the property (3) The item relating to chapter 6 in the son convicted of an offense under this sec- and the violation of section 506(a) of title 17. table of chapters for title 17, United States tion, shall order, in addition to any other ‘‘(B) The provisions of chapter 46 relating Code, is amended to read as follows: sentence imposed, that the person forfeit to to civil forfeitures shall extend to any sei- the United States the following property: zure or civil forfeiture under this section. At ‘‘6. MANUFACTURING REQUIREMENTS, ‘‘(i) Any counterfeit documentation or the conclusion of the forfeiture proceedings, IMPORTATION, AND EXPORTATION ...... 601’’. packaging, and any counterfeit label or il- the court shall order that any forfeited in- TITLE II—ENHANCEMENTS TO CRIMINAL licit label, that was used, intended for use, or fringing copies or phonorecords, and any INTELLECTUAL PROPERTY LAWS possessed with intent to use in the commis- plates, molds, matrices, masters, tapes, and SEC. 201. CRIMINAL INFRINGEMENT OF A COPY- sion of an offense under subsection (a), and film negatives by means of which such unau- RIGHT. any article to which such a counterfeit label thorized copies or phonorecords may be Section 2319 of title 18, United States Code, or illicit label has been affixed, which such a made, be destroyed or otherwise disposed of is amended— counterfeit label or illicit label encloses or according to law. (1) in subsection (b)(2)— accompanies, or which was intended to have ‘‘(C) In this paragraph, the term ‘aiding (A) by inserting ‘‘is a felony and’’ after had such label affixed, enclosing, or accom- and abetting’ means knowingly providing aid ‘‘offense’’ the first place such term appears; panying. to the violator with the intent to facilitate and ‘‘(ii) Any property constituting or derived the violation. (B) by striking ‘‘paragraph (1)’’ and insert- from any proceeds obtained directly or indi- ‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— ing ‘‘subsection (a)’’; rectly as a result of an offense under sub- (A) The court, in imposing sentence on a per- (2) in subsection (c)(2)— section (a). son convicted of an offense under subsection

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(a), shall order, in addition to any other sen- feiture under this clause only if the Govern- (d) UNAUTHORIZED RECORDING OF MOTION tence imposed, that the person forfeit to the ment establishes that there was a substan- PICTURES.—Section 2319B(b) of title 18, United States the following property: tial connection between the property and the United States Code, is amended to read as ‘‘(i) Any copies or phonorecords manufac- violation of subsection (a). follows: tured, reproduced, distributed, sold, or other- ‘‘(B) The provisions of chapter 46 relating ‘‘(b) FORFEITURE AND DESTRUCTION; RES- wise used, intended for use, or possessed with to civil forfeitures shall extend to any sei- TITUTION.— intent to use in the commission of an offense zure or civil forfeiture under paragraph (1). ‘‘(1) CIVIL FORFEITURE PROCEEDINGS.—(A) under subsection (a), any plates, molds, mat- At the conclusion of the forfeiture pro- The following property is subject to for- rices, masters, tapes, film negatives, or other ceedings, the court shall order that any forfeiture to the United States: articles by means of which the copies or feited unauthorized copies or phonorecords ‘‘(i) Any copies of a motion picture or phonorecords may be reproduced, and any of live musical performances, and any plates, other audiovisual work protected under title electronic, mechanical, or other devices for molds, matrices, maters, tapes, and film neg- 17 that are made without the authorization of the copyright owner. manufacturing, reproducing, or assembling atives by means of which such unauthorized ‘‘(ii) Any property constituting or derived such copies or phonorecords. copies or phonorecords may be made, be de- from any proceeds obtained directly or indi- ‘‘(ii) Any property constituting or derived stroyed or otherwise disposed of according to rectly as a result of a violation of subsection from any proceeds obtained directly or indi- law. (a). rectly as a result of an offense under sub- ‘‘(C) In this paragraph, the term ‘aiding ‘‘(iii) Any property used, or intended to be section (a). and abetting’ means knowingly providing aid ‘‘(iii) Any property used, or intended to be used, to commit or facilitate the commission to the violator with the intent to facilitate used, to commit or substantially facilitate of a violation of subsection (a) that is owned the violation. the commission of an offense under sub- or predominantly controlled by the violator ‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— section (a). or by a person conspiring with or aiding and (A) The court, in imposing sentence on a per- ‘‘(B) The forfeiture of property under sub- abetting the violator in committing the vio- son convicted of an offense under this sec- paragraph (A), including any seizure and dis- lation, except that property is subject to for- tion, shall order, in addition to any other position of the property and any related judi- feiture under this clause only if the Govern- sentence imposed, that the person forfeit to cial or administrative proceeding, shall be ment establishes that there was a substan- governed by the procedures set forth in sec- the United States the following property: tial connection between the property and the tion 413 of the Comprehensive Drug Abuse ‘‘(i) Any unauthorized copies or violation of subsection (a). Prevention and Control Act of 1970 (21 U.S.C. phonorecords of a live musical performance ‘‘(B) The provisions of chapter 46 relating 853), other than subsection (d) of that sec- that were used, intended for use, or possessed to civil forfeitures shall extend to any sei- tion. At the conclusion of the forfeiture pro- with intent to use in the commission of an zure or civil forfeiture under this section. At ceedings, the court shall order that any for- offense under subsection (a), and any plates, the conclusion of the forfeiture proceedings, feited infringing copies or phonorecords, and molds, matrices, masters, tapes, and film the court shall order that any forfeited un- any plates, molds, matrices, masters, tapes, negatives by means of which such copies or authorized copies or phonorecords of a mo- and film negatives by means of which such phonorecords may be made. tion picture or other audiovisual work, or infringing copies or phonorecords may be ‘‘(ii) Any property constituting or derived part thereof, and any plates, molds, mat- made, be destroyed or otherwise disposed of from any proceeds obtained directly or indi- rices, masters, tapes, and film negatives by according to law. rectly as a result of an offense under sub- means of which such unauthorized copies or ‘‘(3) RESTITUTION.—When a person is con- section (a). phonorecords may be made, be destroyed or victed of an offense under this section, the ‘‘(iii) Any property used, or intended to be otherwise disposed of according to law. court, pursuant to sections 3556, 3663A, and used, to commit or substantially facilitate ‘‘(C) In this paragraph, the term ‘aiding 3664, shall order the person to pay restitution the commission of an offense under sub- and abetting’ means knowingly providing aid to the copyright owner and any other victim section (a). to the violator with the intent to facilitate of the offense as an offense against property ‘‘(B) The forfeiture of property under sub- the violation. referred to in section 3663A(c)(1)(A)(ii).’’. paragraph (A), including any seizure and dis- ‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— (2) CONFORMING AMENDMENTS.—(A) Section position of the property and any related judi- (A) The court, in imposing sentence on a per- 506(b) of title 17, United States Code, is cial or administrative proceeding, shall be son convicted of an offense under this sec- amended by striking all that follows ‘‘de- governed by the procedures set forth in section, shall order, in addition to any other struction’’ and inserting the following: ‘‘of tion 413 of the Comprehensive Drug Abuse sentence imposed, that the person forfeit to property as prescribed by section 2319(g) of Prevention and Control Act of 1970 (21 U.S.C. the United States the following property: title 18.’’. 853), other than subsection (d) of that sec- ‘‘(i) Any unauthorized copies of a motion (B) Section 509 of title 17, United States tion. At the conclusion of the forfeiture pro- picture or other audiovisual work protected Code, relating seizure and forfeiture, and the ceedings, the court shall order that any for- under title 17, or part thereof, that were item relating to section 509 in the table of feited unauthorized copies or phonorecords used, intended for use, or possessed with in- sections at the beginning of chapter 5 of title of live musical performances, and any plates, tent to use in the commission of an offense 17, United States Code, are repealed. molds, matrices, masters, tapes, and film under subsection (a). (c) UNAUTHORIZED FIXATION AND TRAF- negatives by means of which such unauthor- ‘‘(ii) Any property constituting or derived FICKING.— ized copies of phonorecords may be made, be from any proceeds obtained directly or indi- (1) IN GENERAL.—Section 2319A of title 18, destroyed or otherwise disposed of according rectly as a result of an offense under sub- United States Code, is amended— to law. section (a). (A) by striking subsection (c) and redesig- ‘‘(3) NOTIFICATION OF IMPORTATION.—The ‘‘(iii) Any property used, or intended to be nating subsections (d), (e), and (f) as sub- Secretary of Homeland Security shall issue used, to commit or substantially facilitate sections (c), (d), and (e), respectively; and regulations by which any performer may, the commission of an offense under sub- (B) by amending subsection (b) to read as upon payment of a specified fee, be entitled section (a). follows: to notification by U.S. Customs and Border ‘‘(B) The forfeiture of property under sub- ‘‘(b) FORFEITURE AND DESTRUCTION; RES- Protection of the importation of copies or paragraph (A), including any seizure and dis- TITUTION.— phonorecords that appear to consist of unau- position of the property and any related judi- ‘‘(1) CIVIL FORFEITURE PROCEEDINGS.—(A) thorized fixations of the sounds or sounds cial or administrative proceeding, shall be The following property is subject to for- and images of a live musical performance governed by the procedures set forth in sec- feiture to the United States: prohibited by this section. tion 413 of the Comprehensive Drug Abuse ‘‘(i) Any copies or phonorecords of a live ‘‘(4) RESTITUTION.—When a person is con- Prevention and Control Act of 1970 (21 U.S.C. musical performance described in subsection victed of an offense under this section, the 853), other than subsection (d) of that sec- (a)(1) that are made without the consent of court, pursuant to sections 3556, 3663A, and tion. At the conclusion of the forfeiture pro- the performer or performers involved, and 3664, shall order the person to pay restitution ceedings, the court shall order that any for- any plates, molds, matrices, masters, tapes, to the performer or performers involved, and feited unauthorized copies or phonorecords and film negatives by means of which such any other victim of the offense as an offense of a motion picture or other audiovisual copies or phonorecords may be made. against property referred to in section work, or part thereof, and any plates, molds, ‘‘(ii) Any property constituting or derived 3663A(c)(1)(A)(ii).’’. matrices, masters, tapes, and film negatives from any proceeds obtained directly or indi- (2) APPLICABILITY.—Section 2319A(e), as re- by means of which such unauthorized copies rectly as a result of a violation of subsection designated by paragraph (1) of this sub- or phonorecords may be made, be destroyed (a). section, is amended by inserting before the or otherwise disposed of according to law. ‘‘(iii) Any property used, or intended to be period the following: ‘‘, except that the for- ‘‘(3) RESTITUTION.—When a person is con- used, to commit or facilitate the commission feiture provisions under subsection (b)(2), as victed of an offense under this chapter, the of a violation of subsection (a) that is owned added by the Prioritizing Resources and Or- court, pursuant to sections 3556, 3663A, and or predominantly controlled by the violator ganization for Intellectual Property Act, 3664, shall order the person to pay restitution or by a person conspiring with or aiding and shall apply only in a case in which the un- to the owner of the copyright in the motion abetting the violator in committing the vio- derlying act or acts occur on or after the picture or other audiovisual work and any lation, except that property is subject to for- date of the enactment of that Act’’. other victim of the offense as an offense

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.013 H06MYPT1 jbell on PROD1PC69 with HOUSE H3070 CONGRESSIONAL RECORD — HOUSE May 6, 2008 against property referred to in section resentative (in this title referred to as the ings at which international intellectual 3663A(c)(1)(A)(ii).’’. ‘‘IP Enforcement Representative’’) who shall property enforcement is a significant topic. (e) APPLICABILITY.—The amendments made be appointed by the President, by and with (4) DELEGATION.—The IP Enforcement Rep- by this section shall apply only in a case in the advice and consent of the Senate. As an resentative may— which the underlying act or acts occur on or exercise of the rulemaking power of the Sen- (A) delegate any of the IP Enforcement after the date of the enactment of this Act. ate, any nomination of the IP Enforcement Representative’s functions, powers, and du- SEC. 203. DIRECTIVE TO UNITED STATES SEN- Representative submitted to the Senate for ties to such officers and employees of the Of- TENCING COMMISSION. confirmation, and referred to a committee, fice as the IP Enforcement Representative (a) REVIEW AND AMENDMENT.—The United shall be referred to the Committee on the may designate; and States Sentencing Commission, pursuant to Judiciary. (B) authorize such successive redelegations of such functions, powers, and duties to such its authority under section 994 of title 28, (c) DUTIES OF IP ENFORCEMENT REPRESENT- officers and employees of the Office as the IP United States Code, shall review and, if ap- ATIVE.— Enforcement Representative considers appropriate, amend the Federal sentencing (1) IN GENERAL.—The IP Enforcement Rep- guidelines and policy statements applicable resentative shall— propriate. (d) COORDINATION OF INTELLECTUAL PROP- in any case sentenced under section 2B5.3 of (A) have primary responsibility for devel- ERTY ENFORCEMENT ACTIONS.— the Federal sentencing guidelines for export- oping the Joint Strategic Plan against coun- ing infringing items in violation of section (1) IN GENERAL.—In carrying out the func- terfeiting and piracy under section 321 and tions of the IP Enforcement Representative, 602(a)(2) of title 17, United States Code, to facilitating the implementation of the Joint determine whether a defendant in such case the IP Enforcement Representative shall de- Strategic Plan by the departments and agen- velop recommendations on the allocation of should receive an upward adjustment in the cies listed in subsection (d)(2)(A); offense level, on the grounds that expor- Federal resources for intellectual property (B) serve as a principal advisor to the enforcement. tation introduces infringing items into the President on domestic and international in- (2) ADVISORY COMMITTEE.— stream of foreign commerce in a manner tellectual property enforcement policy; (A) ESTABLISHMENT.—There is established analogous to the manner in which manufac- (C) assist the United States Trade Rep- turing, importing, and uploading such items an interagency intellectual property enforce- resentative— ment advisory committee composed of the introduces them into the stream of com- (i) concerning negotiations on behalf of the merce. IP Enforcement Representative, who shall United States relating to international intel- chair the committee, and senior representa- (b) AUTHORIZATION.—The United States lectual property enforcement, including ne- Sentencing Commission may amend the Fed- tives of the following departments and agen- gotiations on any intellectual property en- cies who are involved in intellectual prop- eral sentencing guidelines under subsection forcement matter considered under the aus- (a) in accordance with the procedures set erty enforcement, and are appointed by the pices of the World Trade Organization or in respective heads of those departments and forth in section 21(a) of the Sentencing Act the course of commodity or direct invest- of 1987 (28 U.S.C. 994 note) as though the au- agencies: ment negotiations in which the United (i) The Department of Justice (including thority under that section had not expired. States participates; and SEC. 204. TRAFFICKING IN COUNTERFEIT GOODS the Intellectual Property Enforcement Offi- (ii) in the programs of the United States cer appointed under section 501). OR SERVICES. Trade Representative to monitor and enforce (a) IN GENERAL.—Section 2320 of title 18, (ii) The United States Patent and Trade- intellectual property enforcement obliga- mark Office and other relevant units of the United States Code, is amended— tions of other countries under trade agree- (1) in subsection (a)— Department of Commerce. ments with the United States; (iii) The Office of the United States Trade (A) by striking ‘‘Whoever’’ and inserting (D) coordinate the issuance of policy guid- ‘‘OFFENSE.— Representative. ance to departments and agencies on basic (iv) The Department of State (including ‘‘(1) IN GENERAL.—Whoever’’; issues of policy and interpretation that arise (B) by moving the remaining text 2 ems to the United States Agency for International in the exercise of domestic and international Development and the Bureau of Inter- the right; and intellectual property enforcement functions, (C) by adding at the end the following: national Narcotics Law Enforcement). to the extent necessary to assure the coordi- (v) The Department of Homeland Security ‘‘(2) SERIOUS BODILY HARM OR DEATH.— nation of intellectual property enforcement ‘‘(A) SERIOUS BODILY HARM.—If the offender (including U.S. Customs and Border Protec- policy and consistency with any other law; tion and U.S. Immigration and Customs En- knowingly or recklessly causes or attempts (E) act as a principal spokesperson of the to cause serious bodily injury from conduct forcement). President on domestic and international in- (vi) The United States International Trade in violation of paragraph (1), the penalty tellectual property enforcement matters; shall be a fine under this title or imprison- Commission. (F) report directly to the President and the (vii) The Food and Drug Administration of ment for not more than 20 years, or both. Congress regarding domestic and inter- ‘‘(B) DEATH.—If the offender knowingly or the Department of Health and Human Serv- national intellectual property enforcement ices. recklessly causes or attempts to cause death programs; from conduct in violation of paragraph (1), (viii) The United States Copyright Office. (G) advise the President and the Congress (ix) Such other agencies as the IP Enforce- the penalty shall be a fine under this title or with respect to domestic and international imprisonment for any term of years or for ment Representative determines to be sub- intellectual property enforcement challenges stantially involved in the efforts of the Fed- life, or both.’’; and and priorities; (2) in subsection (b)(l)— eral Government to combat counterfeiting (H) report to the Congress, as provided in and piracy. (A) by redesignating subparagraph (B) as section 322, on the implementation of the subparagraph (C); and (B) FUNCTIONS.—The advisory committee Joint Strategic Plan, and make rec- established under subparagraph (A) shall, (B) by inserting after subparagraph (A) the ommendations to the Congress for improve- following: under the guidance of the IP Enforcement ments in Federal intellectual property en- Representative, develop the Joint Strategic ‘‘(B) Any property constituting or derived forcement efforts; from any proceeds obtained directly or indi- Plan against counterfeiting and piracy under (I) chair the interagency intellectual prop- section 321. rectly as a result of a violation of subsection erty enforcement advisory committee estab- (3) EXEMPTION FROM FEDERAL ADVISORY (a).’’. lished under subsection (d)(2), and consult COMMITTEE ACT.—The Federal Advisory Com- TITLE III—COORDINATION AND STRA- with such advisory committee in the per- mittee Act shall not apply to the inter- TEGIC PLANNING OF FEDERAL EFFORT formance of the functions of the IP Enforce- agency intellectual property enforcement AGAINST COUNTERFEITING AND PI- ment Representative; and advisory committee established under para- RACY (J) carry out such other functions as the graph (2) or to any of the activities con- Subtitle A—Office of the United States Intel- President may direct. ducted by the IP Enforcement Representa- lectual Property Enforcement Representa- (2) LIMITATION ON AUTHORITY.—The IP En- tive in developing the Joint Strategic Plan tive forcement Representative may not control under section 321. SEC. 301. OFFICE OF THE UNITED STATES INTEL- or direct any law enforcement agency in the (e) IDENTIFICATION OF COUNTRIES THAT LECTUAL PROPERTY ENFORCEMENT exercise of its investigative or prosecutorial DENY ADEQUATE PROTECTION OF INTELLEC- REPRESENTATIVE. authority in particular cases. TUAL PROPERTY RIGHTS.—Section 182(b)(2)(A) (a) ESTABLISHMENT WITHIN EXECUTIVE OF- (3) SENSE OF CONGRESS.—It is the sense of of the Trade Act of 1974 (19 U.S.C. FICE OF THE PRESIDENT.—There is established the Congress that the IP Enforcement Rep- 2242(b)(2)(A)) is amended by inserting ‘‘the within the Executive Office of the President resentative should— United States Intellectual Property Enforce- the Office of the United States Intellectual (A) be a senior representative on any body ment Representative,’’ after ‘‘consult with’’. Property Enforcement Representative (in that the President may establish for the pur- (f) POWERS OF IP ENFORCEMENT REPRESENT- this title referred to as ‘‘the Office’’). pose of providing to the President advice on ATIVE.—In carrying out the responsibilities (b) UNITED STATES INTELLECTUAL PROP- overall policies in which intellectual prop- under this title, the IP Enforcement Rep- ERTY ENFORCEMENT REPRESENTATIVE.—The erty enforcement matters predominate; and resentative may— head of the Office shall be the United States (B) be included as a participant in eco- (1) select, appoint, employ, and fix the Intellectual Property Enforcement Rep- nomic summit and other international meet- compensation of such officers and employees

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.013 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3071 as may be necessary to carry out those re- and consistent with law enforcement proto- ment matters to work with the IP Enforce- sponsibilities; cols for handling information, to aid in the ment Representative; and (2) request the head of a department, agen- objective of arresting and prosecuting indi- (2) share relevant department or agency in- cy, or program of the Federal Government to viduals and entities that are knowingly information with the IP Enforcement Rep- place personnel of such department, agency, volved in the financing, production, traf- resentative, including statistical informa- or program who are engaged in intellectual ficking, or sale of counterfeit or pirated tion on the enforcement activities of the de- property enforcement activities on tem- goods. partment or agency against counterfeiting porary detail to the Office of the IP Enforce- (4) Disrupting and eliminating domestic or piracy, and plans for addressing the joint ment Representative to assist in carrying and international counterfeiting and piracy strategic plan. out those responsibilities; networks. (e) CONTENTS OF THE JOINT STRATEGIC (3) use, with the consent of the Federal, (5) Strengthening the capacity of other PLAN.—Each joint strategic plan shall in- State, and local government agencies con- countries to protect and enforce intellectual clude the following: cerned, the available services, equipment, property rights, and reducing the number of (1) A detailed description of the priorities personnel, and facilities of such Federal, countries that fail to enforce laws pre- identified for carrying out the objectives in State, and local government agencies; venting the financing, production, traf- the joint strategic plan, including activities (4) procure the services of experts and con- ficking, and sale of counterfeit and pirated of the Federal Government relating to intel- sultants in accordance with section 3109 of goods. lectual property enforcement. title 5, United States Code, relating to the (6) Working with other countries to estab- (2) A detailed description of the means and procurement of temporary and intermittent lish international standards and policies for methods to be employed to achieve the prior- services, at rates of compensation for indi- the effective protection and enforcement of ities, including the means and methods for viduals not to exceed the daily equivalent of intellectual property rights. improving the efficiency and effectiveness of the rate of pay payable under level IV of the (7) Protecting intellectual property rights the Federal Government’s enforcement ef- Executive Schedule under section 5315 of overseas by— forts against counterfeiting and piracy. title 5, United States Code, and while such (A) working with other countries to ensure (3) Estimates of the resources necessary to experts and consultants are so serving away that such countries— fulfill the priorities identified under para- from their homes or regular place of busi- (i) have adequate and effective laws pro- graph (1). (4) The performance measures to be used to ness, pay such employees travel expenses and tecting copyrights, trademarks, patents, and monitor results under the joint strategic per diem in lieu of subsistence at rates au- other forms of intellectual property; plan during the following year. thorized by section 5703 of title 5, United (ii) have legal regimes that enforce their (5) An analysis of the threat posed by vio- States Code, for persons in Government serv- own domestic intellectual property laws, lations of intellectual property rights, in- ice employed intermittently; eliminate counterfeit and piracy operations, cluding targets, risks, and threats of intel- (5) issue such regulations as may be nec- and arrest and prosecute those who commit lectual property infringement, the costs to essary to carry out the functions vested in intellectual property crimes; the economy of the United States resulting the IP Enforcement Representative; (iii) provide their law enforcement officials from violations of intellectual property laws, (6) enter into and perform such contracts, with the authority to seize, inspect, and de- and the threats to public health and safety leases, cooperative agreements, or other stroy pirated and counterfeit goods, includ- created by counterfeiting and piracy. transactions as may be necessary in the con- ing at ports of entry; and (6) An identification of the departments duct of the work of the Office and on such (iv) provide for the seizure of property used and agencies that will be involved in imple- terms as the IP Enforcement Representative to produce pirated and counterfeit goods; menting each priority under paragraph (1). considers appropriate, with any department, (B) exchanging information with appro- (7) A strategy for ensuring coordination be- agency, or instrumentality of the United priate law enforcement agencies in other tween the IP Enforcement Representative States, or with any public or private person, countries relating to individuals and entities and the departments and agencies identified firm, association, corporation, or institu- involved in the financing, production, traf- under paragraph (6), including a process for tion; ficking, or sale of pirated or counterfeit oversight by the executive branch of, and ac- (7) accept voluntary and uncompensated goods; countability among, the departments and services, notwithstanding the provisions of (C) using the information described in sub- agencies responsible for carrying out the section 1342 of title 31, United States Code; paragraph (B) to conduct enforcement activi- strategy. (8) adopt an official seal, which shall be ju- ties in cooperation with appropriate law en- (8) Such other information as is necessary dicially noticed; and forcement agencies in other countries; and to convey the costs imposed on the United (9) accept, hold, administer, and use gifts, (D) building a formal process for con- States economy by, and the threats to public devises, and bequests of property, both real sulting with companies, industry associa- health and safety created by, counterfeiting and personal, for the purpose of aiding or fa- tions, labor unions, and other interested and piracy, and those steps that the Federal cilitating the work of the Office. groups in other countries with respect to in- Government intends to take over the period (g) COMPENSATION.—Section 5312 of title 5, tellectual property enforcement. United States Code, is amended by adding at (b) TIMING.—Not later than 12 months after covered by the succeeding joint strategic the end the following: the date of the enactment of this Act, and plan to reduce those costs and counter those ‘‘United States Intellectual Property En- not later than December 31 of every third threats. forcement Representative.’’. year thereafter, the IP Enforcement Rep- (f) ENHANCING ENFORCEMENT EFFORTS OF resentative shall submit the joint strategic FOREIGN GOVERNMENTS.—The joint strategic SEC. 302. DEFINITION. plan shall include programs to provide train- For purposes of this title, the term ‘‘intel- plan to the President, to the Committee on the Judiciary and the Committee on Appro- ing and technical assistance to foreign gov- lectual property enforcement’’ means mat- ernments for the purpose of enhancing the ters relating to the enforcement of laws propriations of the House of Representatives, and to the Committee on the Judiciary and efforts of such governments to enforce laws tecting copyrights, patents, trademarks, against counterfeiting and piracy. With re- other forms of intellectual property, and the Committee on Appropriations of the Sen- ate. spect to such programs, the joint strategic trade secrets, both in the United States and plan shall— abroad, including in particular matters re- (c) RESPONSIBILITY OF THE IP ENFORCEMENT REPRESENTATIVE.—During the development (1) seek to enhance the efficiency and con- lating to combating counterfeit and pirated sistency with which Federal resources are goods. of the joint strategic plan, the IP Enforce- ment Representative— expended, and seek to minimize duplication, Subtitle B—Joint Strategic Plan (1) shall consult and coordinate with the overlap, or inconsistency of efforts; SEC. 321. JOINT STRATEGIC PLAN. appropriate officers and employees of depart- (2) identify and give priority to those coun- (a) PURPOSE.—The objectives of the Joint ments and agencies represented on the advi- tries where programs of training and tech- Strategic Plan against counterfeiting and pi- sory committee appointed under section nical assistance can be carried out most ef- racy that is referred to in section 301(c)(1)(A) 301(d)(2) who are involved in intellectual fectively and with the greatest benefit to re- (in this section referred to as the ‘‘joint stra- property enforcement; and ducing counterfeit and pirated products in tegic plan’’) are the following: (2) may consult with private sector experts the United States market, to protecting the (1) Reducing counterfeit and pirated goods in intellectual property enforcement. intellectual property rights of United States in the domestic and international supply (d) RESPONSIBILITIES OF OTHER DEPART- persons and their licensees, and to pro- chain. MENTS AND AGENCIES.—To assist in the devel- tecting the interests of United States per- (2) Identifying and addressing structural opment and implementation of the joint sons otherwise harmed by violations of intel- weaknesses, systemic flaws, or other unjusti- strategic plan, the heads of the departments lectual property rights in those countries; fied impediments to effective enforcement and agencies identified under section (3) in identifying the priorities under para- action against the financing, production, 301(d)(2)(A) (including the heads of any other graph (2), be guided by the list of countries trafficking, or sale of counterfeit or pirated agencies identified by the IP Enforcement identified by the United States Trade Rep- goods. Representative under section 301(d)(2)(A)(ix)) resentative under section 182(a) of the Trade (3) Assuring that information is identified shall— Act of 1974 (19 U.S.C. 2242(a)); and and shared among the relevant departments (1) designate personnel with expertise and (4) develop metrics to measure the effec- and agencies, to the extent permitted by law experience in intellectual property enforce- tiveness of the Federal Government’s efforts

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.013 H06MYPT1 jbell on PROD1PC69 with HOUSE H3072 CONGRESSIONAL RECORD — HOUSE May 6, 2008 to improve the laws and enforcement prac- (2) the administrative enforcement, at the aimed at improving the enforcement of laws tices of foreign governments against coun- borders of the United States, of laws that against counterfeiting and piracy. terfeiting and piracy. protect intellectual property rights; or (7) To assist in the coordination of the ef- (g) DISSEMINATION OF THE JOINT STRATEGIC (3) the United States trade agreements pro- forts of the United States Intellectual Prop- PLAN.—The joint strategic plan shall be gram or international trade. erty Enforcement Representative, Federal posted for public access on the website of the (c) REGISTER OF COPYRIGHTS.—Nothing in agencies, and private organizations engaged White House, and shall be disseminated to this title shall derogate from the duties and in the promotion of United States intellec- the public through such other means as the functions of the Register of Copyrights. tual property interests abroad so as to maxi- IP Enforcement Representative may iden- SEC. 324. AUTHORIZATION OF APPROPRIATIONS. mize their effectiveness and minimize dupli- tify. (a) IN GENERAL.—There are authorized to cative efforts. SEC. 322. REPORTING. be appropriated for each fiscal year such (8) To identify and promote other means to (a) ANNUAL REPORT.—Not later than De- sums as may be necessary to carry out this more effectively combat counterfeiting and cember 31 of each calendar year beginning in title. piracy activities under the jurisdiction of 2009, the IP Enforcement Representative (b) SUBMISSION OF PROJECTED BUDGET.—By the host country. shall submit a report on the activities of the not later than the date on which the Presi- SEC. 403. TRAINING AND DESIGNATION OF AS- Office during the preceding fiscal year. The dent submits to the Congress the budget of SIGNMENT. annual report shall be submitted to the the United States Government for a fiscal (a) TRAINING OF ATTACHE´ S.—The Director President and the Congress, and dissemi- year, the IP Representative shall submit to shall ensure that each attache´ appointed nated to the people of the United States, in the Committees on the Judiciary of the under section 401 is fully trained for the re- the manner specified in subsections (b) and House of Representatives and the Senate the sponsibilities of the position before assuming (g) of section 321. projected amount of funds for the succeeding duties at the United States embassy or other (b) CONTENTS.—The report required by this fiscal year that will be necessary for the Of- mission in question. section shall include the following: fice to carry out its functions. (b) PRIORITY ASSIGNMENTS.—In designating (1) The progress made on implementing the TITLE IV—INTERNATIONAL the embassies or other missions to which strategic plan and on the progress toward ENFORCEMENT AND COORDINATION attache´s are assigned, the Director shall give fulfillment of the priorities identified under SEC. 401. INTELLECTUAL PROPERTY ATTACHE´ S. priority to those countries where the activi- section 321(e), including an analysis of the The Under Secretary of Commerce for In- ties of an attache´ can be carried out most ef- performance measures used to monitor re- tellectual Property and Director of the fectively and with the greatest benefit to results described in section 321(e)(4). United States Patent and Trademark Office ducing counterfeit and pirated products in (2) The progress made in efforts to encour- (in this title referred to as the ‘‘Director’’), the United States market, to protecting the age Federal, State, and local government de- in consultation with the Director General of intellectual property rights of United States partments and agencies to accord higher pri- the United States and Foreign Commercial persons and their licensees, or to protecting ority to intellectual property enforcement. Service, shall, within 2 years after the date the interests of United States persons other- (3) The progress made in working with for- of the enactment of this Act, appoint at wise harmed by violations of intellectual eign countries to investigate, arrest, and least 10 intellectual property attache´s to property rights in those countries. prosecute entities and individuals involved serve in United States embassies or other SEC. 404. COORDINATION. in the financing, production, trafficking, and diplomatic missions. The appointments (a) IN GENERAL.—The activities authorized sale of counterfeit and pirated goods. under this section shall be in addition to by this title shall be carried out in coordina- (4) The manner in which the relevant de- those individuals serving in the capacity of tion with the United States Intellectual partments and agencies are working to- intellectual property attache´s at United Property Enforcement Representative ap- gether and sharing information to strength- States embassies or other diplomatic mis- pointed under section 301. en intellectual property enforcement. sions on the date of the enactment of this (b) REPORT ON ATTACHE´ S.—The Inspector (5) An assessment of the successes and Act. The Director shall provide such mana- General of the Department of Commerce shortcomings of the efforts of the Federal gerial, administrative, research, and other shall perform yearly audits of the intellec- Government, including departments and services as the Secretary of Commerce con- tual property attache´s of the Department, agencies represented on the committee es- siders necessary to assist the intellectual and shall report to the Committees on the tablished under section 301(d)(2)(A), in ful- property attache´s in carrying out their re- Judiciary of the House of Representatives filling the priorities identified in the appli- sponsibilities. and the Senate the results of each such cable joint strategic plan during the pre- SEC. 402. DUTIES AND RESPONSIBILITIES OF IN- audit. In addition to an overview of the ac- ceding fiscal year and in implementing the TELLECTUAL PROPERTY ATTACHE´ S. tivities and effectiveness of the intellectual recommendations developed under section The intellectual property attache´s ap- property attache´ operations, the audit shall 301(d)(1). pointed under section 401, as well as others include— (6) Recommendations for any changes in serving as intellectual property attache´s of (1) an evaluation of the current placement enforcement statutes, regulations, or fund- the Department of Commerce, shall have the of foreign-based personnel and recommenda- ing levels that the IP Representative con- following responsibilities: tions for transferring such personnel in re- siders would significantly improve the effec- (1) To promote cooperation with foreign sponse to newly emerging intellectual prop- tiveness or efficiency of the effort of the governments in the enforcement of intellec- erty issues abroad; and Federal Government to combat counter- tual property laws generally, and in the en- (2) an evaluation of the personnel system feiting and piracy and otherwise strengthen forcement of laws against counterfeiting and and its management, including the recruit- intellectual property enforcement, including piracy in particular. ment, assignment, promotion, and perform- through the elimination or consolidation of (2) To assist United States persons holding ance appraisal of personnel, and the use of duplicative programs or initiatives. intellectual property rights, and the licens- limited appointees. (7) The progress made in strengthening the ees of such United States persons, in their ef- SEC. 405. AUTHORIZATION OF APPROPRIATIONS. capacity of countries to protect and enforce forts to combat counterfeiting and piracy of There are authorized to be appropriated for intellectual property rights. their products or works within the host each fiscal year such sums as may be nec- (8) The successes and challenges in sharing country, including counterfeit or pirated essary for the training and support of the in- with other countries information relating to goods exported from or transshipped through tellectual property attache´s appointed under intellectual property enforcement. that country. section 401 and of other individuals serving (9) The progress of the United States Trade (3) To chair an intellectual property pro- as intellectual property attache´s of the De- Representative in taking the appropriate ac- tection task force consisting of representa- partment of Commerce. tion under any trade agreement or treaty to tives from all other relevant sections or bu- TITLE V—DEPARTMENT OF JUSTICE protect intellectual property rights of reaus of the embassy or other mission. PROGRAMS United States persons and their licensees. (4) To coordinate with representatives of SEC. 323. SAVINGS AND REPEALS. the embassies or missions of other countries Subtitle A—Coordination (a) REPEAL OF COORDINATION COUNCIL.— in information sharing, private or public SEC. 501. INTELLECTUAL PROPERTY ENFORCE- Section 653 of the Treasury and General Gov- communications with the government of the MENT OFFICER. ernment Appropriations Act, 2000 (15 U.S.C. host country, and other forms of cooperation (a) ESTABLISHMENT.—There is established 1128) is repealed. for the purpose of improving enforcement within the Office of the Deputy Attorney (b) CURRENT AUTHORITIES NOT AFFECTED.— against counterfeiting and piracy. General in the Department of Justice the Except as provided in subsection (a), nothing (5) As appropriate and in accordance with ‘‘Intellectual Property Enforcement Divi- in this title shall alter the authority of any applicable laws and the diplomatic status of sion’’. The head of the Intellectual Property department or agency of the United States the attache´s, to engage in public education Enforcement Division shall be the Intellec- (including any independent agency) that re- efforts against counterfeiting and piracy in tual Property Enforcement Officer (in this lates to— the host country. title referred to as the ‘‘IP Officer’’). The IP (1) the investigation and prosecution of (6) To coordinate training and technical as- Officer shall be appointed by the Attorney violations of laws that protect intellectual sistance programs of the United States Gov- General and shall report directly to the Dep- property rights; ernment within the host country that are uty Attorney General.

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(b) DUTIES.—The IP Officer shall— feiting, and unlawful acts with respect to (1) improving the effectiveness of CHIP (1) coordinate all efforts of the Department goods by reason of their protection by a pat- units in investigating and prosecuting crimi- of Justice relating to the enforcement of in- ent, trademark, service mark, trade secret, nal offenses arising from counterfeiting or tellectual property rights and to combating or other intellectual property right under piracy activities; counterfeiting and piracy; State or Federal law: (2) ensuring that CHIP units are estab- (2) serve as the lead representative of the (A) Assist State and local law enforcement lished and funded in every judicial district in Department of Justice on the advisory com- agencies in enforcing those laws, including which they can be effectively deployed; mittee provided for in section 301(d)(2) and as by reimbursing State and local entities for (3) upgrading the training and expertise of the liaison of the Department of Justice with expenses incurred in performing enforcement Department of Justice personnel partici- foreign governments with respect to training operations, such as overtime payments and pating in CHIP units; and conducted under section 522; and storage fees for seized evidence. (4) improving the coordination of the ac- (3) carry out such other related duties that (B) Assist State and local law enforcement tivities of CHIP units with corresponding ef- may be assigned by the Deputy Attorney agencies in educating the public to prevent, forts of State and local law enforcement General. deter, and identify violations of those laws. agencies operating within the Federal judi- (c) TRANSFER OF FUNCTIONS.— (C) Educate and train State and local law cial district in question. (1) CRIMINAL INTELLECTUAL PROPERTY EN- enforcement officers and prosecutors to con- (b) REQUIREMENTS.—In addition to any ini- FORCEMENT.—There are transferred to the In- duct investigations and forensic analyses of tiatives undertaken as a result of the review tellectual Property Enforcement Division evidence and prosecutions in matters involv- conducted under subsection (a), the Attorney those functions of the Computer Crime and ing those laws. General, in consultation with the Director of Intellectual Property Section of the Crimi- (D) Establish task forces that include per- the Federal Bureau of Investigation, shall nal Division of the Department of Justice sonnel from State or local law enforcement ensure that— that relate to the enforcement of criminal entities, or both, exclusively to conduct in- (1) each CHIP unit is supported by at least laws relating to the protection of intellec- vestigations and forensic analyses of evi- 2 additional agents of the Federal Bureau of tual property rights and trade secrets, in- dence and prosecutions in matters involving Investigation for the purpose of inves- cluding the following: those laws. tigating intellectual property crimes; (A) Sections 506 and 1204 of title 17, United (E) Assist State and local law enforcement (2) each CHIP unit is assigned at least 1 ad- States Code. officers and prosecutors in acquiring com- ditional assistant United States attorney to (B) Sections 2318 through 2320 of title 18, puter and other equipment to conduct inves- support such unit for the purpose of pros- United States Code. tigations and forensic analyses of evidence ecuting intellectual property crimes or other (C) Sections 1831 and 1832 of title 18, United in matters involving those laws. crimes involved in counterfeiting or piracy States Code. (F) Facilitate and promote the sharing, activities; (D) Any other provision of law, including with State and local law enforcement offi- (3) CHIP units are established and staffed the following, to the extent such provision cers and prosecutors, of the expertise and in- in at least 10 Federal judicial districts in ad- involves the enforcement of any provision of formation of Federal law enforcement agen- dition to those districts in which CHIP units law referred to in subparagraphs (A) through cies about the investigation, analysis, and exist on the date of the enactment of this (C) or comparable provision of law: prosecution of matters involving those laws Act; and (i) Section 1341 of title 18, United States and criminal infringement of copyrighted (4) an operational unit is created con- Code, relating to frauds and swindles. works, including the use of multi-jurisdic- sisting of not less than 5 agents of the Fed- (ii) Section 1343 of title 18, United States tional task forces. eral Bureau of Investigation, attached to the Code, relating to fraud by wire, radio, or tel- (2) ELIGIBILITY.—To be eligible to receive headquarters of the Federal Bureau of Inves- evision. an IP–TIC grant, a State or local govern- tigation in Washington, D.C., and dedicated ment entity must provide to the Attorney (iii) Section 2512 of title 18, United States to working with the Intellectual Property General— Code, relating to trafficking in interception Enforcement Division established by section (A) assurances that the State in which the devices. 501 on the development, investigation, and government entity is located has in effect (iv) Section 633 of the Communications Act coordination of complex, multi-district, and laws described in paragraph (1); of 1934 (47 U.S.C. 553), relating to the unau- international criminal intellectual property (B) an assessment of the resource needs of thorized reception of cable service. cases. the State or local government entity apply- (v) Section 705 of the Communications Act (c) COORDINATION WITH STATE AND LOCAL ing for the grant, including information on of 1934 (47 U.S.C. 605), relating to the unau- AUTHORITIES.—The United States attorney the need for reimbursements of base salaries thorized publication or use of communica- for each Federal judicial district in which a and overtime costs, storage fees, and other tions. CHIP unit is in operation shall ensure that expenditures to improve the investigation, (2) INTELLECTUAL PROPERTY ENFORCEMENT the activities of that unit are coordinated prevention, or enforcement of laws described with the corresponding activities of State COORDINATORS.—The Intellectual Property in paragraph (1); and Law Enforcement Coordinators of the De- and local law enforcement agencies oper- (C) a plan for coordinating the programs partment of Justice to whom section 521 ap- ating within that Federal judicial district in funded under this section with other feder- the investigation of intellectual property plies shall also be in the Intellectual Prop- ally funded technical assistance and training crimes and other crimes involved in counter- erty Enforcement Division. programs, including directly funded local feiting or piracy, including by coordinating Subtitle B—Law Enforcement Resources programs such as the Edward Byrne Memo- Federal, State, and local operations and in- SEC. 511. LOCAL LAW ENFORCEMENT GRANTS. rial Justice Assistance Grant Program au- telligence sharing to the extent appropriate. (a) AUTHORIZATION.—Section 2 of the Com- thorized by subpart 1 of part E of title I of (d) ADDITIONAL RESPONSIBILITIES OF THE puter Crime Enforcement Act (42 U.S.C. 3713) the Omnibus Crime Control and Safe Streets ATTORNEY GENERAL.—The Attorney General, is amended— Act of 1968 (42 U.S.C. 3750 et seq.). in consultation with the Director of the Fed- (1) in subsection (b), by inserting after (3) MATCHING FUNDS.—The Federal share of eral Bureau of Investigation as appropriate, ‘‘computer crime’’ each place it appears the an IP–TIC grant may not exceed 90 percent shall ensure the following: following: ‘‘, including infringement of copy- of the costs of the program or proposal fund- (1) All assistant United States attorneys righted works over the Internet’’; and ed by the IP–TIC grant, unless the Attorney who are assigned to CHIP units, and all (2) in subsection (e)(1), relating to author- General waives, in whole or in part, the 90 agents of the Federal Bureau of Investiga- ization of appropriations, by striking ‘‘fiscal percent requirement. tion who support those units, have received years 2001 through 2004’’ and inserting ‘‘fiscal (4) AUTHORIZATION OF APPROPRIATIONS.— advanced training, on an annual basis, in the years 2009 through 2013’’. (A) AUTHORIZATION.—There is authorized to investigation and prosecution of intellectual (b) GRANTS.—The Office of Justice Pro- be appropriated to carry out this subsection property crimes and other crimes involved in grams of the Department of Justice shall the sum of $25,000,000 for each of fiscal years counterfeiting and piracy. make grants to eligible State or local law 2008 through 2012. (2) All relevant units of the Department of enforcement entities, including law enforce- (B) LIMITATION.—Of the amount made Justice are allocated sufficient funding and ment agencies of municipal governments and available to carry out this subsection in any other resources as may be necessary to pro- public educational institutions, for training, fiscal year, not more than 3 percent may be vide expert computer forensic assistance, in- prevention, enforcement, and prosecution of used by the Attorney General for salaries cluding from nongovernmental entities, in intellectual property theft and infringement and administrative expenses. investigating and prosecuting intellectual crimes (in this subsection referred to as ‘‘IP– SEC. 512. CHIP UNITS, TRAINING, AND ADDI- property crimes in a timely manner. For TIC grants’’), in accordance with the fol- TIONAL RESOURCES. purposes of this paragraph, the term ‘‘all rel- lowing: (a) EVALUATION OF CHIP UNITS.—The At- evant units’’ includes those officers and em- (1) USE OF IP–TIC GRANT AMOUNTS.—IP–TIC torney General shall review the allocation ployees assigned to carry out the functions grants may be used to establish and develop and activities of the Computer Hacking and transferred by section 501(c)(1), CHIP units, programs to do the following with respect to Intellectual Property (in this section re- offices of the United States attorneys, and the enforcement of State and local true ferred to as ‘‘CHIP’’) units that have been es- units of the Federal Bureau of Investigation name and address laws and State and local tablished in various Federal judicial dis- that are engaged in the investigation of in- criminal laws on anti-piracy, anti-counter- tricts, with the goals of— tellectual property crimes.

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.014 H06MYPT1 jbell on PROD1PC69 with HOUSE H3074 CONGRESSIONAL RECORD — HOUSE May 6, 2008 SEC. 513. TRANSPARENCY OF PROSECUTORIAL (b) AUTHORIZATION OF APPROPRIATIONS.— forts. With so much unpleasant eco- DECISIONMAKING. There are authorized to be appropriated for nomic news in the headlines, the meas- (a) IN GENERAL.—The Attorney General each fiscal year such sums as may be nec- shall direct each United States attorney— ure before us, H.R. 4279, puts resources essary for the deployment and support of all towards aiding a sector of the economy (1) to review the formal or informal stand- International Intellectual Property Enforce- ards currently in effect in that Federal judi- ment Coordinators of the Department of Jus- that employs an estimated 18 million cial district for accepting or declining pros- tice, including those deployed under sub- workers. That is 13 percent of our labor ecution of cases involving criminal viola- section (a). force and accounts for half of all of the tions of intellectual property laws; SEC. 522. INTERNATIONAL TRAINING ACTIVITIES United States exports driving 40 per- (2) to consider whether the standards OF THE COMPUTER CRIME AND IN- cent of the country’s growth. should be modified or applied more flexibly— TELLECTUAL PROPERTY SECTION. As a result of less-than-effective en- (A) to ensure that significant violations (a) INCREASED TRAINING AND TECHNICAL AS- are not being declined for prosecution inap- forcement, however, counterfeiting and SISTANCE TO FOREIGN GOVERNMENTS.—The piracy cost the United States’ economy propriately; or Attorney General shall increase the efforts (B) in light of the broader impact of indi- of the Department of Justice to provide somewhere in the neighborhood of $250 vidual cases on the overall strategy to com- training and technical assistance to foreign billion a year and creates the loss of bat counterfeiting and piracy; and governments, including foreign law enforce- about 750,000 American jobs. (3) to review the practices and procedures ment agencies and foreign courts, to more ef- And so H.R. 4279 will do these impor- currently in place for providing information fectively combat counterfeiting and piracy tant things: It will prioritize intellec- to complainants and victims in cases and in- activities falling within the jurisdiction of tual property protection to the highest vestigations involving criminal violations of such governments. level of our government by creating an intellectual property laws regarding the sta- (b) CONDUCT OF PROGRAMS.—The increased office in the White House that will be tus of such cases and investigations, includ- training and technical assistance programs ing the practices and procedures for appris- under subsection (a) shall be carried out by responsible for coordinating the intel- ing interested parties of the decision to de- the Intellectual Property Enforcement Divi- lectual property efforts of eight diverse cline prosecution of such cases. sion established by section 501, as well as agencies and producing a national (b) CONSTRUCTION.— through such other divisions, sections, or Joint Strategic Plan for IP enforce- (1) PROSECUTORIAL MATTERS.—Nothing in agencies of the Department of Justice as the ment. It will elevate IP enforcement this section shall be construed to impinge on Attorney General may direct. within the Department of Justice and the appropriate exercise of prosecutorial dis- (c) PRIORITY COUNTRIES.—The Attorney provide more resources for inves- cretion with respect to cases involving General, in providing increased training and criminal violations of intellectual property technical assistance programs under this tigating and prosecuting IP crimes. laws or to require the promulgation of for- section, shall give priority to those countries It will make changes to both civil mal standards or thresholds regarding pros- where such programs can be carried out most and criminal IP laws to enhance the ecution of any cases. effectively and with the greatest likelihood ability of intellectual property owners (2) NO CLAIMS, ETC., MAY BE ASSERTED.— of reducing counterfeit and pirated products to effectively protect their rights, and Nothing in the section shall give rise to any in the United States market, of protecting it will increase penalties for IP viola- claim, cause of action, defense, privilege, or the intellectual property rights of United tions that endanger public health and immunity that may be asserted by any party States persons, or of protecting the interests safety. to Federal litigation. of United States persons otherwise harmed Throughout the process of developing SEC. 514. AUTHORIZATION OF APPROPRIATIONS. by violations of intellectual property rights There are authorized to be appropriated for in those countries. this bill, we heard many expressions of each fiscal year such sums as may be nec- (d) AUTHORIZATION OF APPROPRIATIONS.— support as well as a number of expres- essary to carry out this subtitle. There are authorized to be appropriated for sions of concern. But we’ve been able Subtitle C—International Activities each fiscal year such sums as may be nec- to work out these issues on a bipar- SEC. 521. INTERNATIONAL INTELLECTUAL PROP- essary to carry out this section. tisan basis at every step of the process. ERTY LAW ENFORCEMENT COORDI- Subtitle D—Coordination, Implementation, I congratulate the distinguished NATORS. and Reporting members of the Judiciary Committee, (a) DEPLOYMENT OF ADDITIONAL COORDINA- SEC. 531. COORDINATION. both Republicans and Democrats, for TORS.—The Attorney General shall, within The IP officer shall ensure that activities 180 days after the date of the enactment of their cooperation in this process. And this Act, deploy 5 Intellectual Property Law undertaken under this title are carried out so now as a result, the measure is sup- Enforcement Coordinators, in addition to in a manner consistent with the joint stra- ported by the Consumer Electronics those serving in such capacity on such date tegic plan developed under section 321. Association, the Digital Media Associa- of enactment. Such deployments shall be SEC. 532. ANNUAL REPORTS. tion, the Net Coalition, the Internet Not later than 1 year after the date of the made to those countries and regions where Commerce Coalition, the Coalition for the activities of such a coordinator can be enactment of this Act, and annually there- carried out most effectively and with the after, the Attorney General shall submit to Consumers’ Picture Rights, the Print- greatest benefit to reducing counterfeit and the Committees on the Judiciary of the Sen- ing Industries Association and more. pirated products in the United States mar- ate and the House of Representatives a re- That is in addition to the support ket, to protecting the intellectual property port on actions taken to carry out this title, we’ve already had from the Teamsters, rights of United States persons and their li- including a report on the activities of the IP the Directors Guild of America, SEIU, censees, and to protecting the interests of Officer. AFTRA, Unite Here, AFM, OPEIU, the United States persons otherwise harmed by The SPEAKER pro tempore. Pursu- Coalition Against Counterfeiting in Pi- violations of intellectual property rights in ant to the rule, the gentleman from those countries. The mission of all Inter- racy, the Motor Equipment Manufac- national Intellectual Property Law Enforce- Michigan (Mr. CONYERS) and the gen- turing Association, the Motion Picture ment Coordinators shall include the fol- tleman from Texas (Mr. SMITH) each Association of America, PHARMA, and lowing: will control 20 minutes. NBC Universal. (1) Acting as liaison with foreign law en- The Chair recognizes the gentleman Intellectual property protection is forcement agencies and other foreign offi- from Michigan. among the key issues that will deter- cials in criminal matters involving intellec- GENERAL LEAVE mine American competitiveness in the tual property rights. 21st century. The ability to create, in- (2) Performing outreach and training to Mr. CONYERS. Mr. Speaker, I ask build the enforcement capacity of foreign unanimous consent that all Members novate, and generate the best artistic, governments against intellectual property- have 5 legislative days to revise and ex- technological, and knowledge-based in- related crime in the regions in which the co- tend their remarks and include extra- tellectual property is the formula for ordinators serve. neous material. continued growth in the global econ- (3) Coordinating United States law enforce- The SPEAKER pro tempore. Is there omy and is fundamental to the pro- ment activities against intellectual prop- objection to the request of the gen- motion of human progress. erty-related crimes in the regions in which tleman from Michigan? This committee of ours, the Judici- the coordinators serve. There was no objection. ary Committee, has given these items (4) Coordinating with the activities of the Mr. CONYERS. Mr. Speaker, I yield involved in the measure extensive con- intellectual property attache´s appointed under title IV in the countries or regions to myself such time as I may consume. sideration, lots of compromise back which the coordinators are deployed. Mr. Speaker, today we move to dra- and forth, and we feel that this bill will (5) Coordinating the activities of the coor- matically step up our Nation’s intellec- make important contributions to the dinators with the IP Officer. tual property laws and enforcement ef- fight against counterfeiting and piracy.

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.014 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3075 It was reported by voice with strong bi- rights; and mandates a new and un- I am aware of the recent efforts the partisan statements of support, and I precedented level of coordination and administration has taken to stem the urge my colleagues to vote for its pas- leadership on IP enforcement issues tide of counterfeit and pirated prod- sage. from the White House. ucts. The Department of Homeland Se- Mr. Speaker, I reserve the balance of Mr. Speaker, the incentive to inno- curity has seized record numbers of my time. vate and the ability to profit from the counterfeit and pirated goods coming creation of new intellectual property b 1415 through the border. The Department of cannot be sustained without enforcing Justice is prosecuting and convicting Mr. SMITH of Texas. Mr. Speaker, I the rights that protect the ownership more intellectual property thieves. The yield myself such time as I may con- of such valuable, intangible property. Patent and Trademark Office has sta- sume. And while our government agencies tioned representatives in foreign coun- Mr. Speaker, at the outset I want to are doing more today to protect intel- tries to advocate for better enforce- recognize Chairman CONYERS, Sub- lectual property than ever before, the ment. However, despite these efforts, committee Chairman BERMAN and reality is that we must do much more. intellectual property theft is on the Ranking Member HOWARD COBLE of the We must make it increasingly difficult, rise. More must be done. H.R. 4279 is subcommittee, each of whom I have en- and costly, for counterfeiters and traf- more. joyed working with in developing and fickers, some of whom are connected to The Act strengthens our civil and advancing this legislation. organized crime, to steal and profit criminal laws in ways that attack the Mr. Speaker, at a time when many from American innovations. organizational structures intellectual Americans are facing a slowing econ- Because intellectual property is such property thieves are using and reduce omy and increasing costs of food and an important asset for both the inven- the economic incentives that thieves fuel, it is imperative that Congress put tor and the economy as a whole, Con- have to engage in commercial scale aside any differences we may have and gress has a responsibility to ensure counterfeiting and piracy. The Act de- work together to promote the interests that IP enforcement is made a perma- votes more resources to investigate of U.S. entrepreneurs and industry. nent priority of every administration. and prosecute intellectual property By supporting the PRO–IP bill, the Over the past 25 years, perhaps no crimes. The Act also provides more re- House will send a clear message that group of industries has contributed sources for the U.S. Government to more to the tremendous and sustained there is a bipartisan commitment to ensure the next President and suc- work with other governments to im- growth in our economy than those who prove intellectual property enforce- rely on strong patent, trademark and ceeding administrations have the resources, organizations and strategies ment abroad. copyright protections. And probably most importantly, H.R. required to protect our vital national American intellectual property in- 4279 provides a permanent and effective dustries, including entertainment, and economic interests. Mr. Speaker, I urge my colleagues to means of coordinating intellectual high-tech and pharmaceutical indus- property enforcement activities. This tries, account for over half of all U.S. support this bill, H.R. 4279. I reserve the balance of my time. includes the creation of an intellectual exports, represent 40 percent of the Mr. CONYERS. Mr. Speaker, I rise property enforcement representative in country’s economic growth and employ now to yield to my dear friend and the Executive Office of the President 18 million American workers. chairman of the Intellectual Property and requiring that a national strategic American technology, entertainment Subcommittee who’s worked on this plan to counter intellectual property and productivity-based enterprises subject matter for so many years. HOW- theft be created, complete with clear serve as the cornerstone of our eco- ARD BERMAN has been a bellwether in goals and benchmarks that will facili- nomic and export strength. bringing together the groups, and I’m tate accountability. Because of the important role IP in- happy to yield him as much time as he I’d like very much to thank Chair- dustries play in our economy, we can- may consume. man CONYERS, Ranking Member SMITH, not take these innovations, or their Mr. BERMAN. Thank you, Chairman and Subcommittee Ranking Member creativity and investment required to CONYERS, for those kind words. COBLE and all of their staffs, as well as bring them to life, for granted. I rise today in support of H.R. 4279. mine, for the hard work they’ve put Unfortunately, the tremendous suc- American inventors, artists and busi- into crafting this bill. The hard work cess of these innovators, creators and nesses rely on intellectual property shows in both the scope of the reforms rights-holders has made them prime rights to protect the value of their cre- and in the strong support for the bill targets for thieves who seek out items ative works. These works, unfortu- by U.S. businesses and labor groups, protected by patent, copyright, trade- nately, are being ripped off around the and Chairman CONYERS outlined a mark or trade secret designation. world. The rampant counterfeiting and number of those organizations and the These thieves not only steal the cre- piracy of U.S. products is having a dev- broad sweep that they cover and their ations of others, but also reap the mon- astating impact on our economy. strong endorsement. etary benefits by reproducing and dis- Counterfeit and pirated products may I’m also pleased to say that the tributing the products themselves. account for up to 8 percent of world amendments adopted in the bill before And the losses attributed to counter- trade, and a significant portion of this us go a long way in alleviating con- feiting and piracy affect more than the illicit trade are knock-offs of American cerns raised over the operational inde- inventor. According to the U.S. Gov- products. Latest estimates indicate pendence of agencies like the USTR ernment, American businesses lose ap- that U.S. businesses lose up to $250 bil- and the Department of Justice, with- proximately $250 billion each year to lion a year due to intellectual property out compromising the underlying re- pirated and counterfeited goods. theft. This level of counterfeiting and forms. The theft of intellectual property has piracy of U.S. intellectual property H.R. 4279 will bolster U.S. efforts to also cost nearly 750,000 Americans their rights translates to job losses, lower combat counterfeiting and piracy, and jobs. Given the current state of the tax receipts, and a greater trade def- I urge support of the bill. economy, preventing these crimes and icit. It has also led to public health and Mr. SMITH of Texas. Mr. Speaker, I enforcing IP laws must be a top pri- safety threats ranging from exploding yield to the gentleman from North ority for the Federal Government. batteries to toxic pharmaceuticals to Carolina (Mr. COBLE), the ranking H.R. 4279, the Prioritizing Resources sawdust brake pads. member of the Intellectual Property and Organization for Intellectual Prop- The economic threat and safety prob- Subcommittee and the former chair- erty Act of 2008, which is also known as lems that counterfeit and pirated prod- man of the Intellectual Property Sub- PRO–IP, is a measure designed to re- ucts pose for U.S. businesses and con- committee, as much time as he may spond directly to these challenges. sumers must be dealt with. Given the consume. Specifically, the bill strengthens our difficult economic times we find our- Mr. COBLE. I thank the gentleman laws against counterfeiting and piracy; selves in, it is that much more impor- from Texas and, Mr. Speaker, at the provides new resources to key agencies tant that we address these problems outset I, too, want to recognize and ex- involved in the enforcement of IP quickly and effectively. press thanks to Judiciary Chairman

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.042 H06MYPT1 jbell on PROD1PC69 with HOUSE H3076 CONGRESSIONAL RECORD — HOUSE May 6, 2008 JOHN CONYERS, Ranking Member to work with foreign countries to bet- In addition to undermining our glob- LAMAR SMITH, and Subcommittee ter coordinate our international en- al economic primacy, counterfeit and Chairman HOWARD BERMAN for having forcement efforts. pirated products can threaten the made every effort to address all con- And the bill enhances existing anti- health and safety of American concerns raised during the development of piracy and counterfeiting criminal sumers, American pet owners, steal in- this legislation. statutes, authorizes grants to assist come from legitimate businesses, de- Mr. Speaker, the Prioritizing Re- local anti-piracy and counterfeiting ef- prive American workers of good jobs, sources and Organization for Intellec- forts, and directs the Justice Depart- and undermine the necessary incentive tual Property Act of 2008 reflects a bi- ment to refine its policies for inves- for innovation and creativity which partisan recognition and shared com- tigating and prosecuting piracy and has made America the great country mitment to the strengthening of our counterfeiting operations. that it is. It is for these reasons I’m an Nation’s intellectual property laws. Before closing, Mr. Speaker, I’d like original cosponsor of the PRO-IP Act. to note for the record three final A comprehensive measure, it is not The PRO-IP Act will help strengthen amendments the managers agreed to confined to making marginal improve- enforcement of intellectual property incorporate into the bill. The first is ments in the available civil and crimi- rights domestically and internation- designed to harmonize the cooperative nal authorities. Instead, it incor- ally through enhanced criminal and porates bold and urgently needed provi- provisions in title II of the bill. The second, in section 301, places an civil penalties for intellectual property sions that will permanently elevate the crimes, better high-level coordination importance of intellectual property, affirmative limitation on the authority of the new IP enforcement representa- among Federal Government agencies, IP, enforcement in future administra- and increased resources to domestic tions. tive that makes clear the official has no authority to control or direct law and foreign law enforcement authori- This is accomplished by providing fo- ties. cused and accountable strategic leader- enforcement agencies in the exercise of ship in the Executive Office of the their respective investigative or pros- This bill, Mr. Speaker, rightfully en- President and at key enforcement ecutorial discretion in particular cases. joys broad support from a wide range of agencies. And the third, which amends section industries, including the entertain- Mr. Speaker, in considering why we 323 of the bill, simply contains tech- ment, pharmaceutical, food, auto- should take steps to improve the en- nical and conforming changes to make mobile parts and software industries. It forcement of U.S. IP rights, Members the text of the bill clearer. has such diverse partners as the Cham- should be aware that U.S. losses from Finally, Mr. Speaker, I want to rec- ber of Commerce and the Teamsters. global copyright piracy and counter- ognize some of the stakeholders who When the Chamber of Commerce and feiting cost our innovators and entre- have worked so diligently on this ef- the Teamsters come together it’s like preneurs from $200 to $250 billion each fort. Specifically, I’d like to note the E.F. Hutton—we listen. We’ve listened and every year. efforts of the Coalition Against Coun- well and need to pass this bill. The impact in America has been terfeiting and Piracy, which has been This coalition that supports PRO-IP widespread. More than 750,000 Ameri- so ably led by Mr. Rick Cotton; and the is indicative of the broad support and cans in communities across our land U.S. Chamber of Commerce, which, of the need for passage of such legisla- have lost their jobs due to counter- course, is led by President Tom tion. I urge my colleagues to heed the feiting and piracy. Counterfeit goods Donohue; and the Congressional Inter- words and vote in favor of this impor- lack proper quality control and can be national Anti-Piracy Caucus, which is tant legislation. led by Representatives ADAM SCHIFF of dangerous. Toothpaste, medicines, Mr. SMITH of Texas. Mr. Speaker, California and BOB GOODLATTE of Vir- cigarettes, and fake auto parts are but first of all, I’d like to thank the chair- a small sample of the virtually unlim- ginia. In closing, I urge my colleagues to man of the Judiciary Committee, Mr. ited supply of goods that have been support H.R. 4279, and I thank the dis- CONYERS, for his earlier very generous counterfeited. tinguished gentleman from Texas for comments. The United States Chamber of Com- Mr. Speaker, I submit the following merce has done an excellent job of doc- having yielded to me. Mr. CONYERS. Mr. Speaker, I think extraneous material for the RECORD: umenting the extent of this problem. I I have only one speaker left, but might ONGRESS OF THE NITED TATES encourage anyone interested in learn- C U S , I say a word about the distinguished Washington, DC, May 5, 2008. ing about these issues to visit the ranking member, LAMAR SMITH of Re support H.R. 4279, the PRO-IP Act. Chamber’s Web site for additional in- Texas, who’s worked with us incred- formation or to take the time to watch DEAR COLLEAGUE: We want to alert all Con- ibly, with deliberation. He’s brought the documentary Illicit which was pro- gressional Caucus on Intellectual Property parties together. There has been an Promotion and Piracy Prevention Members duced by National Geographic and the enormous amount of work behind the that tomorrow the House will consider H.R. Chamber. scenes for which nobody knows how 4279, the Prioritizing Resources and Organi- Mr. Speaker, fighting piracy and much he’s done to make this possible. zation for Intellectual Property Act of 2007 counterfeiting, as you all know, is easi- (PRO IP Act) under suspension of the rules. I thank him publicly. er said than done because most of this As a caucus dedicated to enforcing IP rights, I now yield the rest of our time to illicit activity occurs outside our bor- it is not only critical that our Members sup- the gentleman from Tennessee (Mr. ders. In recent years, the Federal Gov- port this legislation, but also make an effort COHEN). ernment has made progress in improv- to educate other Members about the value of protecting American IP. ing both our domestic and global en- b 1430 forcement efforts, but it is also clear It has become increasingly clear that IP- Mr. COHEN. I want to thank the based industries are the key to the future that achieving success in the fight chairman and the chairmen for the competitiveness and economic prosperity of against piracy and counterfeiting re- work they’ve done, and for the ranking the United States. They currently account quires government-wide coordination member, on this bill. for between $5–5.5 trillion of the U.S. gross and cooperation. I rise in support of H.R. 4279, the domestic product and this sector is respon- In addition to authorizing the Office Prioritizing Resources and Organiza- sible for 40% of the nation’s economic of the United States Intellectual Prop- tion for Intellectual Property Act of growth. It is therefore imperative that our erty Enforcement Representative, H.R. 2008, or the PRO-IP Act. government protect IP industries from 4279 also raises the profile of IP en- Our Nation’s intellectual property is criminal networks that engage in counter- the basis for our economic success and feiting and piracy, which cost U.S. busi- forcement within the Department of nesses $250 billion annually and have caused Justice through the creation of a new security. That is something that can’t the loss of 750,000 American jobs. be undermined by cheap labor prices IP enforcement division. This is abso- Unfortunately, the counterfeiting and pi- lutely necessary in my opinion. overseas. It’s an American product. racy problem will continue to worsen with- The bill creates an additional 10 at- Therefore, protecting our intellectual out strong, resolute action by Congress. The taches at the United States Patent and property must be among our highest PRO IP Act addresses this disturbing trend Trademark Office who will be assigned priorities. by strengthening civil and criminal IP laws

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to deter offenders and also provides in- terfeiting and Piracy (CACP), which includes MOTION PICTURE ASSOCIATION creased government resources and coordina- more than 500 businesses and associations, OF AMERICA, INC., tion to enforce Americans’ IP rights in the thanks you for scheduling a markup of H.R. Washington, DC, May 6, 2008. U.S. and around the world. 4279, the ‘‘Prioritizing Resources and Organi- Hon. NANCY PELOSI, Given the extent of the counterfeiting and zation for Intellectual Property Act of 2007,’’ House of Representatives, piracy problem and its impact on U.S. eco- (PRO–IP Act). Washington, DC. nomic security, jobs, and consumer health Hon. JOHN BOEHNER, As you know, intellectual property (IP) ac- and safety, it is not surprising that H.R. 4279 House of Representatives, counts for more than $5 trillion of the U.S. is supported by an array of businesses, trade Washington, DC. associations and organized labor groups. gross domestic product, comprises more than DEAR SPEAKER PELOSI AND LEADER We urge you to support this legislation. half of all U.S. exports, and represents 40 If you have any questions about the Con- percent of U.S. economic growth. Counter- BOEHNER: On behalf of the Motion Picture gressional Caucus on Intellectual Property feiting and piracy of IP are growing prob- Association of America, I write to convey Promotion and Piracy Prevention please feel lems that threaten the ability of businesses our strong support for House passage of H.R. free to contact the following Member Offices to remain competitive and continue pro- 4279, the Prioritizing Resources and Organi- Rep. Robert Wexler (Ellen McLaren, 202–225– viding quality jobs to Americans. Addition- zation for Intellectual Property Act of 2007. 3001), Rep. Mary Bono Mack (Paul ally, unsafe counterfeit products pose a se- H.R. 4279 is a comprehensive bi-partisan measure that will strength protections for Cancienne, 202–225–5330), Rep. Tom Feeney vere risk to U.S. consumer health and safety. (D. Cameron Smith, 202–225–2706), or Rep. intellectual property and thereby strengthen Adam Smith (Jonathan Pawlow, 202–225– CACP members strongly support passage of our nation’s economy and generate more 8901). the PRO–IP Act because it will help the U.S. jobs for American workers. Sincerely, government significantly improve IP protec- Theft of intellectual property by counter- ROBERT WEXLER, tion and enforcement both internationally feiting and copyright piracy have a pro- Member of Congress. and domestically. It is crucial that Congress foundly detrimental impact on our nation’s TOM FEENEY, address counterfeiting and piracy before the economy. Theft of intellectual property Member of Congress. end of this session. CACP therefore urges the costs American industry more than $250 bil- MARY BONO MACK, Committee on the Judiciary not to adopt lion annually, as well as an estimated 750,000 Member of Congress. any controversial amendments that might jobs. Piracy costs the motion picture and ADAM SMITH, jeopardize swift enactment of this legisla- television production industries alone over Member of Congress. tion. 140,000 U.S. jobs each year. Absent piracy, The CACP thanks you again for sponsoring workers employed by the motion picture and CHAMBER OF COMMERCE OF THE the PRO–IP Act and for your continued lead- television production industries would earn UNITED STATES OF AMERICA, ership in moving this critical bill through an additional $5.5 billion per year, and cities, Washington, DC, April 29, 2008. the legislative process. towns and states would receive $837 million Hon. JOHN CONYERS, JR., Sincerely, in additional tax revenue annually. Pro- Chairman, Committee on the Judiciary, House RICK COTTON, tecting intellectual property is vital to our of Representatives, Washington, DC. Chairman, The Coalition Against nation’s continuing economic strength and Hon. LAMAR SMITH, Counterfeiting and Piracy. H.R. 4279 includes important and much need- Ranking Member, Committee on the Judiciary, ed provisions that will help do so. House of Representatives, Washington, DC. H.R. 4279 will ensure that federal authori- INTERNATIONAL TRADEMARK DEAR CHAIRMAN CONYERS AND RANKING ties have the resources necessary to inves- ASSOCIATION, MEMBER SMITH: The U.S. Chamber of Com- tigate and prosecute criminal intellectual Washington, DC, May 5, 2008. merce, the world’s largest business federa- property crimes. It will also ensure that in- tion representing more than three million DEAR MEMBER, The International Trade- tellectual property protection remains a fed- businesses and organizations of every size, mark Association (INTA) would like to ex- eral priority by creating a new office within sector, and region, would like to thank you press its full support for the legislation, the White House dedicated to this important for scheduling a full committee markup of ‘‘Prioritizing Resources and Organization for goal. Finally, H.R. 4279 increases the protec- H.R. 4279, the ‘‘Prioritizing Resources and Intellectual Property Act of 2007’’ (H.R. tion of American intellectual property Organization for Intellectual Property Act of 4279). INTA is a not-for-profit membership abroad by enhancing critically important 2007,’’ (PRO–IP Act). Protection of intellectual property (IP) is association of more than 5,500 trademark international enforcement resources. critical to America’s continued competitive- owners and professionals dedicated to the Intellectual property is among America’s ness and future economic security. Counter- support and advancement of trademarks and most precious commodities. Protecting in- feiting and piracy of IP costs the United related intellectual property (‘‘IP’’) as ele- tellectual property is good for America’s States an estimated 750,000 jobs and U.S. ments of fair and effective national and economy, will produce more jobs for U.S. companies close to $250 billion in annual rev- international commerce. We urge you to workers and more and better products for enue. Moreover, counterfeit products such as vote ‘‘YES’’ on H.R, 4279. consumers. H.R. 4279 is a measured, reason- auto and aviation parts, toothpaste, pre- We commend the House of Representatives able and much-needed piece of legislation scription drugs, and many others pose a se- for this bill, which seeks to improve the pro- that will ensure that the American intellec- vere health and safety risk to American con- tection of IP and enhances the capacity for tual property system remains the world lead- sumers. enforcement and coordination activities. The er. This important legislation has strong bi- Unfortunately, the incidence of counter- protection of intellectual property is a glob- partisan support and enjoys broad support feiting and piracy has increased faster than al challenge and requires a focus on from both the American business commu- the government resources necessary to stop strengthening and streamlining U.S. law and nity, and labor unions. Accordingly, we urge this problem and current legal penalties are policy as well as a mechanism for creating House Members to vote in favor of H.R. 4279. Sincerely, insufficient to deter criminals. H.R. 4279 ad- new opportunities for enforcement and col- dresses these concerns by providing in- DAN GLICKMAN, laboration on a global level. H.R. 4279 suc- creased resources and coordination within Chairman and ceeds in achieving these objectives. the executive branch for IP enforcement and Chief Executive Officer. enhancing civil and criminal IP laws. Counterfeiting is a growing problem that is The Chamber appreciates your leadership affecting the health and well-being of con- Ms. JACKSON-LEE of Texas. Mr. Speaker, on this important issue and supports expedi- sumers throughout the world. It steals the I rise in strong support of H.R. 4279, the tious approval of the PRO–IP Act by the Ju- identity of trademark owners and robs con- ‘‘Prioritizing Resources and Organization for diciary Committee and the full House of sumers of a safe and reliable marketplace. Intellectual Property (PRO-IP) Act of 2007.’’ I Representatives. For the U.S. economy, it translates into lost urge my colleagues to join me in voting for Sincerely, jobs and lost tax revenues. Specifically, the this legislation. I am confident that working to- R. BRUCE JOSTEN, cost to the U.S. economy is estimated at $200 gether we can address and strengthen crimi- Executive Vice President, to $250 billion per year. Passage of H.R. 4279 Government Affairs. is a crucial step to counteract the challenges nal and civil enforcement of United States in- and burdens presented by counterfeiting. tellectual property law. APRIL 29, 2008. INTA is pleased to see a united effort by The purpose of H.R. 4279 is to strengthen Hon. JOHN CONYERS, Jr., Congress to address this growing problem criminal and civil enforcement of United States Chairman, Committee on the Judiciary, House and INTA looks forward to passage of this intellectual property law focusing, in particular, of Representatives, Washington, DC. legislation in the House of Representatives. on copyright violations (piracy) and trademark Hon. LAMAR SMITH, Ranking Member, Committee on the Judiciary, Thank you. violations (counterfeiting). In addition, the House of Representatives, Washington, DC. Sincerely, PRO-IP Act seeks to modernize and improve DEAR CHAIRMAN CONYERS AND RANKING ALAN C. DREWSEN, U.S. government efforts for coordination and MEMBER SMITH: The Coalition Against Coun- Executive Director. enforcement of our nation’s IP laws.

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.053 H06MYPT1 jbell on PROD1PC69 with HOUSE H3078 CONGRESSIONAL RECORD — HOUSE May 6, 2008 The knowledge and innovation of American While I support the bill, I would have liked Mr. SMITH of Texas. I yield back the citizens contributes significantly to the eco- to consider ways to ensure diversity in the balance of my time. nomic strength of our nation. Intellectual prop- Computer Hacking and Intellectual Property Mr. CONYERS. Mr. Speaker, I follow erty law provides the principal incentives that (CHIPs) units that are established by this bill. suit and yield back any time remaining are calculated to lead to the creation and pro- I would have liked to work to ensure that mi- on this side. duction of new works. This bill is needed be- norities be represented in hiring and that spe- The SPEAKER pro tempore. The cause the effect of piracy and counterfeiting cial recruitment initiatives be launched at his- question is on the motion offered by on the economy is devastating. Total global torically black colleges and universities and the gentleman from Michigan (Mr. losses to United States companies from coun- other minority serving institutions. We should CONYERS) that the House suspend the terfeiting and copyright piracy amount to $250 do all within our efforts to guarantee that mi- rules and pass the bill, H.R. 4279, as billion per year. Every company in every in- norities receive the necessary training and be amended. dustry is vulnerable. recruited to help in the IP enforcement at the The question was taken. Because these illegal activities represent a Executive, State, and local levels. The SPEAKER pro tempore. In the growing public health, safety and law enforce- Mr. Speaker, H.R. 4279 is a first step to- opinion of the Chair, two-thirds being ment problem, H.R. 4279 provides additional ward the promotion of the American economy. in the affirmative, the ayes have it. targeted resources for investigation, enforce- It ensures that American innovation will remain Mr. FRELINGHUYSEN. Mr. Speaker, ment and prosecution; requires the develop- crucial to the United States economy and that I object to the vote on the ground that ment and promulgation of a national Joint American innovation will allow the United a quorum is not present and make the Strategic Plan to combat counterfeiting and pi- States to remain a global economic power. In- point of order that a quorum is not racy; and provides for enhanced Presidential deed, this bill ensures that the United States present. level leadership and coordination among fed- IP laws are enforced and that the American in- The SPEAKER pro tempore. Pursu- eral agencies involved with preserving and tellectual property system remains one of the protecting intellectual property rights. ant to clause 8 of rule XX and the best in the world. Chair’s prior announcement, further Title I of H.R. 4279 provides enhancements Mr. Speaker, I urge all members to support to civil intellectual property laws. Specifically, proceedings on this motion will be this much needed and thoughtful legislation. postponed. Title I makes it clear that a certificate of reg- Ms. ZOE LOFGREN of California. Mr. istration will satisfy registration requirements The point of no quorum is considered Speaker, I rise in opposition to H.R. 4279. withdrawn. regardless of whether there is any inaccurate While this administration can and should do information on the registration application, un- more to protect intellectual property rights, I do f less the inaccurate information was included not think that the answer lies in this bill’s cre- with knowledge that it was inaccurate. ation of new forfeiture provisions, a new ‘‘IP Title I also broadens the civil remedies for Czar,’’ or a new IP-only division within the De- AFRICAN NATIONAL CONGRESS infringement by broadening the scope of arti- partment of Justice. EXEMPTION cles that may be ordered impounded by the In recent civil actions pursued by some with- court upon a finding that the article was made Mr. CONYERS. Mr. Speaker, I move in the content industry, we have seen unduly to suspend the rules and pass the bill or used in violation of a copyright. This Title aggressive tactics that occasionally target in- also directs the court to enter a protective (H.R. 5690) to exempt the African Na- nocent individuals. I am concerned that given order to ensure that confidential information is tional Congress from treatment as a the bill’s thrust toward more aggressive en- not improperly disclosed. terrorist organization for certain acts Title II provides enhancements to criminal forcement of copyright infringement, enhanced or events, provide relief for certain intellectual property laws by addressing repeat forfeiture provisions similarly may sweep up members of the African National Con- offender penalties for criminal acts contained wholly innocent students, parents, and congress regarding admissibility, and for within the criminal copyright statute. Title II sumers in larger enforcement actions. other purposes, as amended. clarifies that a repeat offender is a person that I regret that more was not done to strike the The Clerk read the title of the bill. commits the same criminal act twice. The bill appropriate balance between protecting copy- The text of the bill is as follows: right owners from those who unlawfully benefit clarifies that any property subject to forfeiture H.R. 5690 from infringement and ensuring that we do not must be owned or predominantly controlled by Be it enacted by the Senate and House of Rep- the violator in order to be seized and directs inadvertently punish innocent bystanders. I also have concerns with Title III’s creation resentatives of the United States of America in the United States Sentencing Commission to Congress assembled, of a new office of the U.S. IP Enforcement consider whether the sentencing guidelines SECTION 1. EXEMPTION OF AFRICAN NATIONAL should be expanded to include the export of Representative. I appreciate the work that has CONGRESS FROM TREATMENT AS infringing items. There are enhanced max- been done to refine the scope of Title III. TERRORIST ORGANIZATION FOR CERTAIN ACTS OR EVENTS. imum statutory penalties for counterfeit of- Nonetheless, Title III still creates a position that is a coequal of the U.S. Trade Represent- Section 691(b) of the Department of State, For- fenses that endanger public health and safety. eign Operations, and Related Programs Appro- Title III of H.R. 4279 provides greater co- ative in the Department of Commerce. There is a strong possibility that the USTR and the priations Act, 2008 (division J of Public Law 110- ordination and strategic planning of federal ef- 161; 121 Stat. 2365) is amended by inserting ‘‘the forts against counterfeiting and piracy. Specifi- ‘‘IP Czar’’ will come to conflicting policy deci- African National Congress (ANC),’’ after ‘‘the cally, this Title establishes within the Executive sions in matters affecting both IP enforcement Karenni National Progressive Party,’’. Office of the President, the Office of the and international trade. SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE United States Intellectual Property Enforce- The bill offers little guidance with respect to AFRICAN NATIONAL CONGRESS RE- ment Representative and, within that Office, how those conflicts will be resolved. Nor does GARDING ADMISSIBILITY. the United it contain adequate safeguards to ensure that (a) EXEMPTION AUTHORITY.—The Secretary of States Intellectual Property Enforcement the IP Czar does not target legitimate innova- State, after consultation with the Attorney Gen- Representative, appointed by the President of tion out of overstated concerns about contribu- eral and the Secretary of Homeland Security, or the Secretary of Homeland Security, after con- the United States. Lastly, Titles IV and V pro- tory infringement. Finally, I share the authors’ frustration with sultation with the Secretary of State and the At- vide international, national, and local enforce- torney General, may determine in such Sec- ment. this administration’s failure to engage in a retary’s sole unreviewable discretion that para- The bill has several important enforcement more constructive dialogue about how best to graphs (2)(A), (2)(B), and (3)(B) of section provisions that are worthy to discuss. First, it focus the DOJ’s resources on IP enforcement 212(a) of the Immigration and Nationality Act (8 places a 45-day time limit on the Register of without harming and disrupting equally impor- U.S.C. 1182(a)) shall not apply to an alien with Copyrights’ response to a court. Second, it tant law enforcement priorities. Nonetheless, respect to activities undertaken in opposition to strikes the section allowing for multiple statu- that potential harm and disruption cannot be apartheid rule in South Africa. tory damages for compilation infringement. ignored and has not been addressed ade- (b) SENSE OF CONGRESS.—It is the sense of the Third, it clarifies that there must be a substan- quately. Congress that the Secretary of State and the Secretary of Homeland Security should imme- tial nexus between the property and the crime I share the goals of the authors of this legis- diately exercise in appropriate instances the au- to institute civil forfeiture proceedings. Lastly, it lation but not the means by which they sought thority in subsection (a) to exempt the anti- removes the requirements for Federal Bureau to achieve them. I thank the authors for their apartheid activities of aliens who are current or of Investigation agents to receive IP related work to improve this bill, but regret that it was former officials of the Government of the Repub- crime training. not improved further. lic of South Africa.

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\A06MY7.038 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3079 SEC. 3. REMOVAL OF CERTAIN AFFECTED INDI- Mandela himself and other foreign clear it for the President, I am willing to VIDUALS FROM CERTAIN UNITED heads of state. waive this Committee’s right mark up this STATES GOVERNMENT DATABASES. bill. I do so with the understanding that by The Secretary of State, in coordination with We all know how Mr. Mandela and other ANC leaders suffered unjust in- waiving consideration of the bill, the Com- the Attorney General, the Secretary of Home- mittee on Foreign Affairs does not waive any land Security, the Director of the Federal Bu- carceration for decades at the hands of future jurisdictional claim over the subject reau of Investigation, and the Director of Na- the apartheid regime. We know how matters contained in the bill which fall with- tional Intelligence, shall take all necessary steps the apartheid regime labeled its oppo- in its Rule X jurisdiction. to ensure that databases used to determine ad- nents as terrorists, as communists, and I would ask that you place this letter into missibility to the United States are updated so anything else they could invent to ac- the Congressional Record when the Com- that they are consistent with the exemptions cuse them of that was negative in an mittee has H.R. 5690 under consideration. provided under section 2. Sincerely, attempt to deflect criticism of their The SPEAKER pro tempore. Pursu- HOWARD L. BERMAN, own institutions of repression and ra- Chairman. ant to the rule, the gentleman from cial separation. And yet these people Michigan (Mr. CONYERS) and the gen- who steadfastly fought for freedom and HOUSE OF REPRESENTATIVES, tleman from Texas (Mr. SMITH) each chose a path for peace once they came COMMITTEE ON THE JUDICIARY, will control 20 minutes. to power are now blocked from entry to Washington, DC, May 6, 2008. The Chair recognizes the gentleman the United States. And so that’s where Hon. HOWARD BERMAN, from Michigan. this measure comes in. Chairman, Committee on Foreign Affairs, House GENERAL LEAVE of Representatives, Washington, DC. Congress has begun to take correc- DEAR MR. CHAIRMAN: Thank you for your Mr. CONYERS. Mr. Speaker, I ask tive action, and last year were removed letter regarding your committee’s jurisdic- unanimous consent that all Members a number of freedom-fighting groups tional interest in H.R. 5690, a bill to exempt have 5 legislative days to revise and ex- from treatment as terrorist organiza- the African National Congress from treat- tend their remarks and incorporate ex- tions. Today, we do the same for the ment as a terrorist organization for certain traneous material on the bill under ANC and its members. In addition to acts or events, provide relief for certain consideration. specifying that the ANC is not on the members of the African National Congress The SPEAKER pro tempore. Is there regarding admissibility, and for other pur- list of terrorist organizations under the poses. objection to the request of the gen- Immigration and Nationality Act, the I appreciate your willingness to support tleman from Michigan? bill would also give discretionary au- expediting floor consideration of this impor- There was no objection. thority to Secretaries of State and tant legislation today. I understand and Mr. CONYERS. Mr. Speaker, I yield Homeland Security to admit individ- agree that this is without prejudice to your myself such time as I may consume. uals regardless of activities undertaken Committee’s jurisdictional interests in this Members of the House, the African or similar legislation in the future. In the in opposition to apartheid rule in event a House-Senate conference on this or National Congress is a rare example of South Africa. an oppressed people fighting for their similar legislation is convened, I would sup- Finally, the bill would require the port your request for an appropriate number freedom and then leading a successful Secretary of State, in coordination of conferees. and peaceful transition to a modern na- with other agencies, to ensure that I will place a copy of your letter and this tion. The fight went on for years, un- government databases are updated so response in the Congressional Record during derground and in exile, against the that they are consistent with the ex- consideration of H.R. 5690. Thank you for morally bankrupt apartheid system in your cooperation as we work towards enact- emptions provided in the bill. ment of this legislation. South Africa. And once they prevailed, I’d like to thank committee chair- their response to gaining political Sincerely, man of the Judiciary, HOWARD BERMAN, JOHN CONYERS, Jr., power was not retribution and repris- but also in his capacity as the Chair of Chairman. als, but truth and reconciliation. the Foreign Relations Committee, and Mr. Speaker, I reserve the balance of Notwithstanding this peaceful transi- in memoriam, I’d like to remember the my time. tion, the United States had not gotten chairman that preceded Mr. BERMAN, Mr. SMITH of Texas. Mr. Speaker, I around to giving ANC leaders the op- Tom Lantos, for their work on this yield myself such time as I may con- portunity to enter this country be- bill. I would like to insert into the sume. cause certain provisions in the Immi- RECORD at this point an exchange of Mr. Speaker, the African National gration and Nationality Act currently letters between our two committees. Congress has played a significant role require us to consider them still as ter- And thanks again to the ranking in history. Nelson Mandela and the rorists. member from Texas, LAMAR SMITH, ANC for many years fought against the After the attacks on 9/11, Congress whose bipartisan discussions have en- unjust apartheid system in South Afri- sought to exclude and remove terror- abled us to reach this point. This is a ca. ists from the United States by noncontroversial bill that repairs Through a largely peaceful transfer strengthening the terrorism bars in our something that should have been taken of power, apartheid is a thing of the immigration laws. In doing so, how- care of earlier. It closes the books on past and South Africa now has a rep- ever, we inadvertently covered groups the evils of apartheid. And so I’m very resentative democratic government. and individuals whom we did not in- proud to bring this to the floor with Many ANC officials are now, in fact, of- tend to, including allies and even vic- the Members that I have mentioned. ficials of South Africa’s government. tims of terrorism. These bars have been HOUSE OF REPRESENTATIVES, South Africa provides hope that gen- used against the brave men and women COMMITTEE ON FOREIGN AFFAIRS, uine reconciliation between histori- who fought side by side with United Washington, DC, May 5, 2008. cally opposed groups can, in fact, be States forces in Southeast Asia. Hon. JOHN CONYERS, Jr., achieved. However, real terrorist acts They’ve been used against those who Chairman, Committee on the Judiciary, House were committed as part of the struggle of Representatives, Washington, DC. used armed resistance to defend them- against apartheid. There were deadly selves against brutal and repressive re- DEAR MR. CHAIRMAN: I am writing to you concerning the bill, H.R. 5690, legislation to bombings of civilians. There were so- gimes, such as those in Cuba and exempt the African National Congress from called ‘‘necklacings’’ in which car tires Burma. They’ve even been used against treatment as a terrorist organization for cer- were put around persons’ necks and set women who were raped and enslaved by tain acts or events, provide relief for certain on fire. armed militia in Liberia. And as we members of the African National Congress I am pleased that the bill’s sponsors, recognize today, they’ve been used regarding admissibility, and for other pur- Mr. BERMAN, Ms. LOFGREN and Chair- against members of the African Na- poses, which I introduced earlier this year. man CONYERS, were willing to ensure tional Congress, including the great The bill contains provisions within the Rule that this bill will provide appropriate leader, Nelson Mandela. This has had X jurisdiction of the Committee on Foreign Affairs, and was referred to the Committee relief for the African National Congress profound effects, preventing us from when introduced. without excusing the perpetrators of protecting vulnerable refugees and asy- In the interest of permitting your Com- terrorist or criminal acts. lum seekers and resulting in embar- mittee to proceed expeditiously to floor con- First, the ANC is added to the list of rassing denials of visas for Nelson sideration of this important legislation and organizations not considered terrorist

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.009 H06MYPT1 jbell on PROD1PC69 with HOUSE H3080 CONGRESSIONAL RECORD — HOUSE May 6, 2008 organizations for immigration pur- rica which had labeled the ANC as a taken in opposition to apartheid rule poses. Such a list was created to shield terrorist organization. The apartheid in South Africa. certain organizations from the broad government banned membership and I want to take a moment just to com- reach of the Immigration Act of 1990. political activity in the ANC and pliment again the ranking member of Under the 1990 legislation, any gue- forced its leaders underground or into the Judiciary Committee, who has very rilla group would find itself under the exile. A direct result of that ban was strong and passionate views on the definition of a terrorist organization. that under U.S. law individuals con- issues of immigration and, obviously, The groups currently on the exempt victed of crimes, including the Nobel also, as we all do in this Chamber, on list include the Hmong, who fought Laureate and former President of the issue of terrorist organizations and alongside U.S. soldiers in the Vietnam South Africa, Nelson Mandela, were inadmissibility for those organizations. War, and groups that are fighting deemed inadmissible for entry to the He has truly understood and internal- against the repressive Burmese Gov- United States, along with individuals ized the historic transition here and ernment today. It is understandable labeled as terrorists by the former the unfairness of the present situation. that the ANC be added to that list. South African government. And I do want to affirm one point Second, the administration is grant- Much has changed for South Africa that he raised. This bill does not have ed the authority to waive the criminal since those dark times. President de anyone close their eyes to acts com- grounds of inadmissibility with respect Klerk and Nelson Mandela negotiated mitted by the ANC or by the apartheid to aliens for activities undertaken in an end to the conflict and an end to the government, and nothing here would opposition to apartheid rule in South apartheid system on behalf of the Na- preclude the Secretary, as she exercises Africa. Congress already granted the tional Party and the African National her discretion, from considering wheth- administration waiver authority for Congress. In 1994, the country held its er or not civilians were targeted by an the terrorism-related grounds in last first democratic elections in which full individual actor, civilians. We should, year’s omnibus spending bill. enfranchisement was granted. also, I think, take into account, as we Third, the bill contains a sense of Today, the ANC serves as the major- decide what to do on this, the very Congress that the administration ity party in a diverse ruling coalition. powerful and legally binding truth and should immediately exercise ‘‘in appro- Yet, astonishingly, while South Africa reconciliation process in South Africa priate instances’’ the authority grant- completed its monumental political which provided a restorative justice ed under the bill to waive grounds of transition, the U.S. position regarding process that salved many of the inadmissibility for the anti-apartheid entry for ANC’s leaders remained fro- wounds of the apartheid era. activities of aliens who are current or zen in time. Leaders such as Nelson Once enacted, the ANC will be re- former officials of the Government of Mandela, Walter Sisulu and Govan moved from terrorist watch lists, and South Africa. I am confident that any Mbeki, the father of President Thabo the ANC will receive treatment befit- administration will use this power Mbeki, were continually barred from ting its status as a leading party and a wisely. entry to the U.S. and had to apply for close ally of the United States. I en- Finally, the bill directs the adminis- special waivers to gain entry. courage my colleagues to support the tration to ensure that government Even more embarrassing than the legislation. databases used to determine admissi- original U.S. embrace of apartheid Mr. SMITH of Texas. Mr. Speaker, bility to the U.S. be updated to reflect policies was the fact that few of those first of all, I would like to say that it’s any waivers granted. who opposed apartheid in the United always nice when the gentleman from Mr. Speaker, I urge my colleagues to States Government, including many of California (Mr. BERMAN) and I can support this bill. Again, I want to us in Congress, were even aware of the agree on immigration issues, as we did thank Chairman BERMAN and Chairman residual terrorist designations against in this particular instance. CONYERS and Chairman LOFGREN for ANC members. Mr. Speaker, I yield such time as he working in good faith to address con- may consume to the gentleman from b 1445 cerns with the bill as it was intro- Iowa (Mr. KING), the ranking member duced. Despite recognizing two decades ago of the Immigration Subcommittee of Mr. Speaker, I reserve the balance of that America’s place was on the side of the Judiciary Committee. my time. those oppressed by apartheid, Congress Mr. KING of Iowa. I thank Mr. SMITH, Mr. CONYERS. Mr. Speaker, I am has never resolved the inconsistency in the ranking member of the Judiciary proud now to recognize the sub- our immigration code that treats many Committee, for yielding, and I appre- committee chairman from whence this of those who actively opposed apart- ciate the privilege to address this issue bill came, and the chairman of the For- heid in South Africa as terrorists and before this Congress. eign Affairs Committee, HOWARD BER- criminals, in part because the apart- First, I want to point out that I be- MAN, for as much time as he may con- heid regime labeled them as such. lieve there has been a constructive sume. Increasingly, stringent security compromise that has been reached Mr. BERMAN. Mr. Speaker, it’s an measures passed by Congress since 2001 across this aisle that has not nec- honor to be part of the debate on a bill have further ensnared ANC members. essarily closed loopholes but made being managed by the chairman of the Because the ANC used armed force as some clarifications that help protect Judiciary Committee, who perhaps is part of its campaign against the repres- this country from kind of a blanket one of the first Members of Congress to sive apartheid regime in South Africa, waiver, so to speak, with any of those speak out and lead the effort against current law continues to regard the formerly potentially violent members the old apartheid regime, going way ANC as a terrorist organization and to of the ANC. back into the late sixties and early deny entry to members based on their And for me, I come to this debate 1970s, and who, along with Congress- affiliation with the ANC. with more concern than many because man Ron Dellums and many others, led The intent of H.R. 5690 is to purge the I still maintain vivid memories of what the effort in 1986, I believe it was, to United States of any residual effect of went on in the streets of South Africa override the veto and provide the first its former policies with regard to the during those anti-apartheid riots and really tough sanctions against invest- South African Government and to up- demonstrations and strategic actions ment that helped play a part in the ul- date U.S. law with regard to the ANC. that took place, black against white, timate downfall of that apartheid re- The bill, as amended, specifically re- white against black. I also have vivid gime. moves the ANC from treatment as a memories, Mr. Speaker, of actions Mr. Speaker, this bill is a long over- terrorist organization and grants the taken in this country and positions due one, and it’s the direct result of a Secretary of State and the Secretary of taken politically and the divesting of stunning and, frankly, embarrassing Homeland Security the discretionary investments within South Africa by story for the United States. The United authority to determine that certain many American companies as an incen- States, throughout the 1970s and 1980s, criminal- and security-related grounds tive to end apartheid, which was, I be- had a much too cozy relationship with of inadmissibility do not apply to an lieve, a sin against humanity to have a the apartheid Government of South Af- alien with respect to activities under- policy that identified some people as

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.049 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3081 being more equal than others, and I be- cussion. It was a constructive discus- dent Mandela, ‘‘Father Mandela,’’ as he lieve it’s a sin against humanity to sion. is called; and many of the seniors who maintain those policies, whether they And I rise today, Mr. Speaker, to sup- are now in their retiring years, who, are in the United States or South Afri- port this bill and to encourage open when they come to the United States, ca or anywhere else. dialogue globally and continuing com- are detained, interrogated, and embar- I offered an amendment to the Judi- munication and interchange with the rassed by our own treatment of these ciary Committee before this bill, and people of South Africa and people of all heroes, this goes to the very point of the purpose of it was to send a message nations on the Earth. the expanded use in the United States because I have traveled to South Africa I would remind, also, the body that of the word ‘‘terrorism’’ and the utili- and I have met with people there who the record of post-colonial Africa is not zation of it by preventing innocent peo- expressed to me some concerns, and be- a stellar record. There are many prob- ple, people who have been heroes, to cause of that, I’ve also dug a little lems in the continent, many of those in come into this country. This is not deeper into the readings in the current the southern part of the continent of necessarily a strict immigration bill. It events. It will not be a surprise to the Africa. And as I travel and visit there is people who are coming into the members of the committee that I’m and go into the AIDS orphanages in country legally, but because they have concerned about the land transfer that particular and can step into the vil- been freedom fighters, somewhat the is part of the federal policy of South lages where there isn’t a single adult of way that Dr. Martin Luther King stood Africa, to transfer a significant portion reproductive age unless they are a mis- nonviolently for rights here in this of land from, right now, under the sionary, it has been devastating to the country, these individuals had to be in deeds held by white South Africans continent. We need to have an open the midst of an encounter, if you will, into the deeds of black South Africans. dialogue and be frank about our prob- to provide the safety and security for I made it clear in the committee that lems and be open in our discussion. their people. I do not compare this to the things we Hiding our dialogue because we’re This particular legislation is an im- see going on in Zimbabwe. That is far afraid we might hurt someone’s feel- portant step forward. But I might sug- different and that is without benefit of ings only pushes the problem further gest to my colleagues that I hope that the rule of law. But there still remains downward instead of letting it surface on the floor today we are making a leg- a concern. so that we can all address it together islative statement and providing legis- I also want to point out, and I prom- with open eyes, open ears, and open lative history so that the Department ised Ambassador Welile Nhlapo, who is dialogue. of Homeland Security and the Sec- the Ambassador to the United States That’s what we did yesterday in my retary of State or the State Depart- from South Africa, that I would make meeting, which I so gratefully received ment will not dillydally around, be- this statement. And he came to my of- Ambassador Nhlapo into my office. cause, unlike the previous legislation, fice yesterday. We sat down in my of- And in that engaging conversation, I’m this does not order it to be done; it fice for a good, strong hour and dis- confident that we have opened up com- gives those departments the discretion cussed these issues. And he assured me munications for a continued dialogue, for it to be done, as they have re- that there are constitutional protec- and I trust that this bill will open com- quested. So we are entrusting to them tions that exist and statutory protec- munications for further dialogue, and I this noble responsibility to do well by tions that exist to protect all property certainly support this. Father Mandela, to do well by former owners in South Africa and that there Mr. CONYERS. Mr. Speaker, I rise to President Mbeki, and we need to ensure will not be a transfer of real estate recognize the distinguished gentle- that we do the right thing. And as we property into the hands of black South woman from Texas (Ms. JACKSON-LEE), look to give this country a different Africans at the expense of white South who has worked with STEVE KING. And face on terrorism, let us likewise be as- Africans without due process of law I suggest that there may be a codel sured that we recognize that there are and constitutional protections. I voiced going to this part of the globe, and I other groups that are similarly situ- my concern about that. He reassured would certainly like to invite the dis- ated that we should take a look at. me that that would be the case. tinguished gentleman Mr. KING to con- So I rise to support this legislation, And I pointed out to him that it’s dif- sider joining us on such a codel. Mr. Speaker, because it is an impor- ficult for us in this country to reach an I yield to the gentlewoman from tant step forward. It does give the abil- objective position on these issues that Texas (Ms. JACKSON-LEE) 31⁄2 minutes. ity to admit these individuals but also are racially charged because it’s so (Ms. JACKSON-LEE of Texas asked to renew the stigma, if you will, of the much wrapped up in who we are. And I and was given permission to revise and name of ‘‘terrorists’’ because they were would point out, Mr. Speaker, for the extend her remarks.) freedom fighters to save and preserve observation of the body, to listen to an Ms. JACKSON-LEE of Texas. I thank and to free South Africans so that they analysis of the political campaigns the distinguished chairman of the Judi- too might live in a democracy. That is that are going on now and, in fact, ciary Committee; the distinguished what this legislation does, and I appre- today to listen to an analysis of the chairman on the Foreign Affairs Com- ciate all of the hard work that has predictions of those going to the polls mittee; and our distinguished ranking gone on. in the Democrat primary in places like member, who has joined us in a very I close by simply saying, good day for Indiana and North Carolina, which are important and historic step that is the freedom fighters of South Africa taking place right now, you cannot being made on the floor of the House and the ANC; good day for Father hear a political pundit/talking-head today. And I appreciate my good friend Mandela, who led the fight on rec- analysis without race and gender com- from Iowa, who has given us a global onciliation and peace, along with ing into that debate. overview. Bishop Tutu. Good day for all of them So I challenged Ambassador Nhlapo Mr. Speaker, I want to remind my as we stand here acknowledging that that that’s a very difficult standard, colleagues that this is a pointed and fo- they are heroes, freedom fighters fight- that we can’t meet it here in this coun- cused legislative initiative, along with ing for democracy and equality. try. As old as our traditions are for the leadership of Chairwoman ZOE To the Secretary of State, to the Sec- freedom, as much sweat and toil and LOFGREN, that we have gotten to a retary of Homeland Security, act now blood has been spilled to make people point that is long overdue. My good once this bill has passed. free and keep them free, we still can’t friend, Congresswoman BARBARA LEE, Thank you, Mr. Speaker, for your leadership extricate ourselves from being wrapped and Congressman DON PAYNE are part in convening today’s markup on H.R. 5690. I up in that debate and have our public of those who initiated this effort. And support this bill and I urge my colleagues to policy identified by whom we might it is pointedly to focus on really what do the same. side with rather than how we might we would call heroes, fighters against This bill recognizes that the ANC is a nearly analyze the Constitution or the law. apartheid in South Africa, who shed 100-year-old party that was created in 1912 to It’s difficult here in the United States their blood so that South Africa could advocate for the rights of black South Afri- with our traditions; it’s far more dif- be the reconciled nation that it is cans. It also recognizes that the white Afri- ficult in South Africa. We had that dis- today. President Mbeki; former Presi- kaner government took control of South Africa

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K06MY7.051 H06MYPT1 jbell on PROD1PC69 with HOUSE H3082 CONGRESSIONAL RECORD — HOUSE May 6, 2008 in 1948 and at the same time instituted its leadership on so many issues and for rica for over four decades. If they system of de jure apartheid, which had the ef- making sure that this bill came today hadn’t been involved in this war of lib- fect of disenfranchising millions of non-white to this floor in a bipartisan fashion. eration, apartheid would still be exist- Africans. The ANC joined with other groups to As a cosponsor of this legislation and ing in South Africa. So instead of con- engage in civil disobedience and it was a long advocate against apartheid, I am tinuing to penalize the ANC for their banned in 1960 by the South African Govern- especially pleased that we are taking political struggle against apartheid, we ment. Although the ANC was banned, it led this important step to finally right really should be commending them for the resistance effort against apartheid in the this inexcusable wrong. Many of us their work in transforming South Afri- late 1970s and 1980s. were arrested during the anti-apartheid ca into a beacon of democracy. And Between 1990 and 1994, the ANC nego- movement, myself included. just look at how they have moved for- tiated with the South African Government for b 1500 ward in their peace and reconciliation the end of apartheid and the enfranchisement process. I think we could learn a heck of black South Africans. In 1994, the ANC be- It wasn’t until the mid 1980s that fi- of a lot in our own country by the lead- came a registered political party and Nelson nally Congress put our country on the ership of President Mandela and how Mandela was elected to be the first black right side of history by overriding the people of South Africa, black and president. President Reagan’s veto to impose white, have come together to reconcile Since the recognition of the ANC as a legiti- sanctions. and to move forward to take South Af- mate political party, several prominent black This is a bill that my predecessor, a rica into this new millennium and into South Africans have been denied visas to great warrior, now the mayor of Oak- a new South Africa. land, California, Ron Dellums, had in- enter the United States on the basis that they So let me just thank again Chairman were considered to be inadmissible under the troduced for 12 long years. I can remember during that period the ILWU CONYERS and Chairman BERMAN for INA because they were members of a terrorist bringing this bill to the floor today. group. Nelson Mandela were considered inad- protesting, in fact, I was arrested with them also, the unloading of ships from It’s really the right thing to do. And missible under this same law. In the past the for those of us who have been so long Department of State has provided waivers to South Africa which kicked off much of the anti-apartheid movement. Con- involved in the anti-apartheid move- ANC leaders to enter the United States. ment, and now, of course, in the move- H.R. 5690 would remove certain affected gresswoman MAXINE WATERS, a great leader who just recently received, as ment to stop the genocide that is tak- persons from certain U.S. databases. The bill ing place in Darfur, this is a day that provides that the Secretary of State, Attorney did Mayor Ron Dellums, one of the highest honors by the South African we have been waiting for for a long General, Secretary of Homeland Security, the time. This is the only thing that we Director of the FBI, and the Director of Na- Government, led the fight in California against apartheid. And I think we were can do now, to say, first of all, that we tional Intelligence, shall take steps to update understand that this should not have the database concerning admissible persons. one of the first States to impose sanctions. taken so long, but at least it is better The bill provides that the ANC is not treated late than never. Thank you very much, as a terrorist organization for any act occurring All of us who were involved during Mr. CONYERS. on or before the enactment of the act. The bill that time had to take risks. The ANC still leaves the Secretary of State and the Sec- couldn’t even travel outside of New Mr. CONYERS. I thank the retary of Homeland Security with the discretion York and couldn’t come to Wash- gentlelady, BARBARA LEE, of Oakland, to deny people entry. Importantly, the bill does ington, D.C. because they were consid- California, for closing our statement. not deny present and former members of the ered a terrorist organization. Many of Mr. THOMPSON of Mississippi. Mr. Speak- ANC admission to the U.S. on the basis of us had to go to Europe just to meet the er, I rise today in support of H.R. 5690 which their membership in or affiliation with the ANC members of the ANC to talk about how ensures that African National Congress (ANC) or for any apartheid activities occurring from we could help end the brutal regime of members will no longer be denied visas to 1948 to 1990. apartheid which was killing so many enter the United States solely based on their This bill is long overdue. The ANC has been people, dehumanizing the whole coun- anti-Apartheid activities. recognized as a legitimate political party since try, and was one of the most ruthless I am proud to have introduced this long- 1994. There is no reason to treat members of systems that we have ever known. overdue legislation that will remedy a situation that organization as a terrorist threat. I urge It has been 18 years since Nelson that was brought to my attention by my col- my colleagues to support this bill. My only Mandela was released from prison and league, the gentlelady from the U.S. Virgin Is- concern is that the bill singles out the ANC but 14 years since he was elected president lands, Dr. CHRISTENSEN. A few months ago, does not go further in clearing other political of South Africa. And this year he will Dr. CHRISTENSEN informed me that Nelson parties that were outlawed during the apart- turn 90 years old. Yet to this day, to Mandela, the South African civil rights icon heid era from treatment as terrorist organiza- this day, despite his legacy as a hero of that won 1993 Nobel Peace Prize, is not eligi- tions. the anti-apartheid movement, despite Mr. SMITH of Texas. Mr. Speaker, I the fact that he is a Nobel Peace Prize ble for a visa to enter the U.S. because he is have no further requests for time, and recipient, he received the Peace Prize a member of the African National Congress. I I yield back the balance of my time. in 1993, despite his election as presi- was stunned. How could one of the giants of Mr. CONYERS. Mr. Speaker, I rise to dent, we still require Nelson Mandela the 20th Century who is revered for bringing recognize the gentlewoman from Oak- to apply for a visa waiver to enter into peace and reconciliation to a country that was land, California (Ms. LEE), who for the United States just for a visit. This torn apart by racism be ineligible to receive a many years worked as chief of staff is just plain wrong. standard visa to visit the United States? I with our former colleague Ron Dellums Last December I traveled to South quickly learned that the ANC, which was es- on this subject. So in her capacity as a Africa for World AIDS Day with our tablished in 1923 to advocate for the rights of Member of Congress and former staffer, colleague, the Delegate Donna Chris- black South Africans against the brutal Apart- she has stayed on the course for all of tian. And we were asked by many peo- heid regime, was designated a ‘‘terrorist orga- these years, and I yield her such time ple many times over and over and over nization’’ by the same government that sub- as she may consume. again why President Nelson Mandela jected black South Africans to racial segrega- Ms. LEE. Let me thank you, Chair- was still on the terrorist list. Well, we tion and violence. man CONYERS, for yielding and for were, quite frankly, very embarrassed For decades, ANC leaders, including Presi- those kind words but also for your and shocked. And we were determined dent Mandela, withstood great hardships to leadership on so many issues. You are that we would do everything we could overcome the oppression of Apartheid in a true warrior, and we would have to finally, again, put our country on South Africa, risking everything for basic prin- never been at this place today had it the right side of history. So I am ciples of fairness and opportunity. By 1994, not been for yourself. pleased and I am excited that we are the ANC was the ruling party in South Africa, I also want to thank Chairman BER- taking this step today. yet, some ANC leaders and members are still MAN; I want to thank our sub- The ANC was fundamentally involved denied entry into America—today—solely be- committee chairman, DON PAYNE; and in a war of liberation against the op- cause of their affiliation. H.R. 5690 will remedy Chairman BENNIE THOMPSON for their pressive apartheid regime in South Af- this situation and ensure that these leaders

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\A06MY7.017 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3083 and members are no longer deemed to be in- The point of no quorum is considered Not surprisingly, this novel reinter- admissible solely because of their membership withdrawn. pretation, which contradicted Con- in the ANC and their anti-apartheid activities. f gress’ clear intent, as well as DOJ’s I am pleased to have worked with my col- consistent interpretation, from 1994 to PROVIDING FOR COMPENSATION league on the Foreign Relations Committee, 2003, caused every State’s reimburse- TO STATES INCARCERATING UN- Mr. BERMAN, to bring this timely legislation to ment to fall dramatically. DOCUMENTED ALIENS the House floor. I urge all my colleagues to H.R. 1512 would amend the Immigra- join me and pass this important bill. Ms. LINDA T. SA´ NCHEZ of Cali- tion and Nationality Act to return Ms. ZOE LOFGREN of California. Mr. fornia. Mr. Speaker, I move to suspend SCAAP to its originally intended Speaker, I am proud to support H.R. 5690, in- the rules and pass the bill (H.R. 1512) to meaning. States and localities would troduced by Chairman HOWARD BERMAN. I ap- amend the Immigration and Nation- be reimbursed for the cost of incarcer- plaud Mr. BERMAN and LAMAR SMITH, the rank- ality Act to provide for compensation ating criminal aliens who are either ing member of the Judiciary Committee, for to States incarcerating undocumented ‘‘charged with or convicted’’ of a felony coming together as they have to end the ab- aliens charged with a felony or two or or two misdemeanors regardless of surdity that now exists with respect to South more misdemeanors. when the incarceration and conviction African government officials who want to visit The Clerk read the title of the bill. occur. the U.S. The text of the bill is as follows: H.R. 1512 corrects the current admin- Like other freedom-fighting groups that H.R. 1512 istration’s errant reinterpretation of should be lauded—not penalized—members Be it enacted by the Senate and House of Rep- the law and provides States and local- of the ANC have been effectively ensnared by resentatives of the United States of America in ities burdened by the costs of jailing the overbroad ‘‘terrorism’’ provisions in our im- Congress assembled, criminal aliens the opportunity to migration laws. These provisions have pre- SECTION 1. ASSISTANCE FOR STATES INCARCER- apply for and receive much-needed re- vented the U.S. from admitting and offering ATING UNDOCUMENTED ALIENS imbursement for the costs they bear protection to many innocent people, including CHARGED WITH CERTAIN CRIMES. from detaining deportable immigrants Section 241(i)(3)(A) of the Immigration and charged with crimes. some of the world’s most vulnerable refugees. Nationality Act (8 U.S.C. 1231(i)(3)(A)) is Caught up in these definitions have been amended by inserting ‘‘charged with or’’ be- The bill has broad bipartisan support the Hmong and the Montagnards, brave men fore ‘‘convicted’’. and the support of many respected law and women who fought alongside our troops enforcement groups. The SPEAKER pro tempore. Pursu- I would like to especially commend in Vietnam; the Alzados who fought for free- ant to the rule, the gentlewoman from dom against Castro’s regime in Cuba; and the ZOE LOFGREN, Chair of the Immigra- California (Ms. LINDA T. SAN´ CHEZ) and Chin and the Karen who tried to free them- tion subcommittee and STEVE KING, the gentleman from Iowa (Mr. KING) selves from a repressive Burmese govern- the Subcommittee ranking member, each will control 20 minutes. for their leadership in helping bring ment. The Chair recognizes the gentle- UntiI recently, our immigration laws labeled this bill to the floor today. woman from California. all of their actions as ‘‘terrorist activity,’’ simply I urge my colleagues to support this GENERAL LEAVE bill. because they used weapons to fight for their ´ freedom. Ms. LINDA T. SANCHEZ of Cali- I reserve the balance of my time. In the 2008 Consolidated Appropriations fornia. Mr. Speaker, I ask unanimous Mr. KING of Iowa. Mr. Speaker, I Act, we finally began to address these issues, consent that all Members have 5 legis- yield myself such time as I may con- freeing many of these groups from this prob- lative days to revise and extend their sume. lem. With today’s bill we now join the ANC to remarks and include extraneous mate- Mr. Speaker, the Federal Govern- their ranks. rial on the bill under consideration. ment under the State Criminal Alien Like the Hmong and the Montagnards, the The SPEAKER pro tempore. Is there Assistance Program, which we refer to Alzados, the Chin and the Karen, many mem- objection to the request of the gentle- as SCAAP, reimburses part of the ex- bers of the ANC did nothing more than fight woman from California? penses that States and localities incur for freedom against a repressive govern- There was no objection. in incarcerating illegal immigrants ´ ment—in this case, a government that se- Ms. LINDA T. SANCHEZ of Cali- who have been convicted of a felony or verely restricted the rights of its people fornia. I yield myself such time as I of two or more misdemeanors. And, in through apartheid and used brutal and mur- may consume. fact, I would bring the Chamber’s at- derous tactics to stay in power. Mr. Speaker, today we act to restore tention, Mr. Speaker, to a report that We should commend their efforts to free the State Criminal Alien Assistance was issued by the GAO in April of 2005 themselves and their people, not to mention Program or SCAAP, to its original that identifies that the Federal Gov- their spectacularly successful—and peaceful— meaning, that which Congress origi- ernment is reimbursing 25 percent of transition to power. nally intended it to have. Introduced the cost of the incarceration of crimi- I strongly support this bill. by myself, H.R. 1512 will help States nal aliens within the institutions in Mr. Speaker, I have no further re- obtain much-needed reimbursement for the United States. But H.R. 1512 ex- quests for time, and I return all unused the costs of detaining deportable immi- pands the State Criminal Alien Assist- time. grants charged with or convicted of ance Program to compensate States for The SPEAKER pro tempore. The certain criminal offenses. incarcerating illegal immigrants who question is on the motion offered by SCAAP was created in 1994 to reim- are charged with, and not only con- the gentleman from Michigan (Mr. burse States and localities for arrest, victed, which is under the current pro- CONYERS) that the House suspend the incarceration and transportation costs gram, charged with a felony or two or rules and pass the bill, H.R. 5690, as incurred in detaining criminal aliens. more misdemeanors. amended. From the program’s inception until I stand here, Mr. Speaker, and ap- The question was taken. 2003, States were able to obtain reim- plaud the gentlelady from California The SPEAKER pro tempore. In the bursement for the costs of detaining for bringing this legislation because I opinion of the Chair, two-thirds being deportable illegal immigrants charged think this is a constructive change to in the affirmative, the ayes have it. with a felony or two or more mis- our policy, and the language very sim- Mr. FRELINGHUYSEN. Mr. Speaker, demeanors. ply adds the words ‘‘charged with or’’ I object to the vote on the ground that In 2003, however, DOJ reinterpreted to the existing language of compensa- a quorum is not present and make the the SCAAP statute to require that a tion for those ‘‘convicted of.’’ And it point of order that a quorum is not criminal alien be actually convicted of recognizes that there are significant present. a felony or two misdemeanors. More- costs involved in processing criminal The SPEAKER pro tempore. Pursu- over, the reimbursement must be re- aliens in the investigation stage, the ant to clause 8 of rule XX and the quested in the year in which the con- arrest stage and the indictment stage. Chair’s prior announcement, further viction takes place, and is limited to And as those costs mount and are in- proceedings on this motion will be that 1 year, regardless of how long the curred, we need to be sure that we take postponed. expenses are incurred. this position, that it is the Federal

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.021 H06MYPT1 jbell on PROD1PC69 with HOUSE H3084 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Government’s job to guard and protect criminal aliens. And the question has I expect that this has come from a re- our borders. That is not the job of a po- got to be constantly before us, since we quest of those political subdivisions. litical subdivision. It is essentially the are charged with the responsibility of Although they aren’t making this re- job of the Federal Government. protecting the American people. And it quest necessarily in my district, there When we fail to do our job, when we is very much a constitutional responsi- are many jails in my district that will don’t have sufficient constraints in bility. We are also constitutionally be beneficiaries of this piece of legisla- place at our borders or at our airports charged with the responsibility of es- tion. or our ports of entry, then the result of tablishing immigration policy. The ex- I urge its adoption, and I yield back it is that this burden of law enforce- ecutive branch is charged with the re- the balance of my time. ´ ment falls upon the political subdivi- sponsibility of enforcing that policy, Ms. LINDA T. SANCHEZ of Cali- sions, on the States, on the cities and however aggressively or lack of aggres- fornia. Mr. Speaker, you know, immi- on the counties to enforce the law. And sion they might have. The result is gration is probably the signature Fed- when they do, they incur these costs. that some get in through the borders, eral policy issue. Try as they might, This bill, H.R. 1512, seeks to lift off through our ports of entry. Some com- States simply can’t fix failures in Fed- some of that burden. And it certainly mit crimes, and some of those crimes eral immigration policy on their own. wouldn’t be all of it. that are committed are of a very hei- But when we fall down on the job, LAMAR SMITH, the ranking member of nous nature. And the cost of those States, cities and counties bear the the full Judiciary Committee, and I crimes against this society can be burden for an immigration system that both believe the available statistics on quantified if we can identify the num- simply doesn’t work. While Congress is working on a comprehensive solution criminal illegal immigrants in the bers of crimes that are being com- to our broken immigration system, we United States leave much to be desired. mitted by criminal aliens and in what must not forget about the local govern- There is too little data on illegal immi- categories they are in, where they are ments who are paying an extremely grants imprisoned in the United being incarcerated, what lengths of States. We don’t really know how high cost as a result of our inaction. terms they are serving, and especially, In 1994, Congress passed the State many there are or what crimes they Mr. Speaker, when they are released, are charged with or convicted of or how Criminal Alien Assistance Program, when they are released from a munic- SCAAP, to reimburse States and local- much time they spend in our prison ipal jail, a county jail or a State peni- ities for the arrest and incarceration systems. tentiary, let alone from a Federal in- and transportation costs associated And I particularly can speak to that, stitution, when they are released, we since I asked for the GAO study that with criminal aliens, averting a tidal need to know if they are released into wave of expenses that could have over- was completed in April of 2005. I the hands of ICE, if they have been thought in that study I would get the whelmed the State and local budgets. processed for deportation, if that hap- However, in 2003, the Department of answers to the percentages of our in- pens to be the law, or if they are re- Justice reinterpreted the SCAAP stat- mate populations that are criminal leased back into the streets. And if ute and caused a drastic drop in every aliens, what crimes they might be con- they are, we need to ask the question, State’s reimbursement. Now States no victed of, and quite a list of things that are they committing further crimes? longer receive reimbursements unless, would help us establish our policy, b 1515 first, the criminal alien is convicted of both law enforcement policy and our a criminal felony and two mis- So what is the level of effectiveness immigration policy. demeanors; and, second, the arrest and However, that report came back not in our law enforcement system? What conviction occur in the same year. quite apples to apples. And there are percentage of our overall crimes are To add insult to injury, President conclusions that can be drawn. There being committed by criminal aliens? Bush has zeroed out SCAAP in his are also gaps to their knowledge base. What are those crimes? What’s the budget proposals for the last 6 years. And because of the inspiration that is price against society, and how does This means that State and local gov- brought forward, because of this bill of this break down into all these cat- ernments are left to pick up the tab. ´ Ms. SANCHEZ, H.R. 1512, we engaged the egories that I have mentioned in a Every dollar reduction in SCAAP reim- Judiciary Committee in dialogue about fashion that will allow us, as a Con- bursements means one less dollar that how we can better gather that informa- gress, to prudently step back, take the law enforcement agencies have to hire tion. I am really pleased that Ms. empirical data that we are expecting to new officers, provide essential training, LOFGREN, the Chair of the Immigration receive from the Government Account- make critical equipment purchases and Subcommittee, of which I am the rank- ability Office and after the submission detain other, perhaps more violent, in- ing member, and Mr. SMITH, the rank- of this request, and process that into mates. ing member of the full Judiciary Com- policy that reflects the best interests Following the SCAAP funding cuts in mittee, have agreed to send a joint re- of the people in the United States of 2003, the LA County Sheriff’s Depart- quest to the Government Account- America. ment implemented a new early-release ability Office to develop additional sta- I think this bill is a healthy step in policy for inmates convicted of mis- tistics on criminal alien immigrants. I the right direction. I think it’s a pru- demeanors. This means the neighbor- look forward to working with Ms. dent thing to do, and I think it says hoods I represent in Southern Cali- LOFGREN, Mr. SMITH and others on this the right thing to the people in Amer- fornia are at risk. particular subject matter. This is ica. I applaud the gentlelady for bring- Sadly, these communities are not something we vitally need to provide ing H.R. 1512, and I support the expan- alone. Across the country, the SCAAP statistics that will help us establish a sion of SCAAP funding to those who reimbursement cuts have had a domino better immigration policy. have also been charged with a crime. effect, where funding for anti-gang ac- As we move forward with this piece Mr. Speaker, I reserve the balance of tivities, homicide investigations, anti- of legislation that I believe is a con- my time. terrorism activities and even basic structive move in the right direction Ms. LINDA T. SA´ NCHEZ of Cali- maintenance is cut to pay for expenses that helps to compensate, and it won’t fornia. Mr. Speaker, I reserve the right associated with incarcerating criminal be all, but it will at least in part help to close. aliens and suspected criminal aliens. to compensate the political subdivi- Mr. KING of Iowa. Mr. Speaker, I As Arizona county supervisors re- sions for their costs incurred to enforce yield myself so much time as I may cently stated, ‘‘This is a huge problem laws against criminal aliens, it adds to consume. because we can’t keep up with fixing it those charged with a crime, not just Just in summation, this is a compo- roads, the other costs of law enforce- those convicted of a crime or two seri- nent of taking this legislation in the ment, and keeping up with health ous misdemeanors. right direction, and it’s important that agencies.’’ But into this negotiation also will be we compensate political subdivisions. While this bill on its own won’t solve the formal request for the GAO study When the Federal Government is not the fiscal crisis many States now face, to look further at the effect of crime doing the job they need to be doing, it will help in the long term by cov- on the United States of America by this is the natural result of it. ering a greater share of costs that

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.059 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3085 properly belonged to the Federal Gov- ance to municipal governments that incur the The first electronic vote will be con- ernment. large cost of incarcerating undocumented im- ducted as a 15-minute vote. Remaining H.R. 1512 amends the SCAAP statute migrants. In fact, in my district of Suffolk electronic votes will be conducted as 5- so that States and localities can be re- County, officials estimate that 10 to 12 percent minute votes. imbursed for the cost of incarcerating of those incarcerated are undocumented indi- f aliens who are either charged with or viduals with a cost to the County of approxi- convicted of a felony or two mis- mately $12 million in 2006. FOREIGN SERVICE MEMBER REST demeanors, just like it was before the Unfortunately, SCAAP does not reimburse The SPEAKER pro tempore. The un- DOJ’s reinterpretation in 2003. This States for all of the costs to incarcerate un- finished business is the question on Federal investment will allow State documented individuals. Presently, the only suspending the rules and passing the and local law enforcement agencies to funding that SCAAP provides is the cost of in- bill, H.R. 3658. devote more resources to important carcerating undocumented immigrants who The Clerk read the title of the bill. public safety programs. have been convicted of a felony or two or The SPEAKER pro tempore. The Law enforcement agencies and coali- more misdemeanors. question is on the motion offered by tions from all over the country, includ- This legislation will reimburse States incar- the gentlewoman from California (Ms. ing the U.S.-Mexico Border Counties cerating undocumented individuals charged WATSON) that the House suspend the Coalition, the National Association of with a felony or two or more misdemeanors. rules and pass the bill, H.R. 3658. Counties, the California State Associa- This small change will greatly assist local gov- The question was taken. tion of Counties, the Sheriffs’ Associa- ernments who are overburdened by recent es- The SPEAKER pro tempore. In the tion of Texas and the Virginia Sheriffs’ calating costs. opinion of the Chair, two-thirds being Association support this bipartisan leg- While my district and many others across in the affirmative, the ayes have it. islation. the Nation have greatly benefited from SCAAP Mr. FRELINGHUYSEN. Mr. Speaker, Lastly, I want to offer thanks and funding, the Bush administration continues to on that I demand the yeas and nays. gratitude to my colleagues on both eliminate funding for the program. I was proud The yeas and nays were ordered. sides of the aisle for passing this bill to cosign a bipartisan letter to House appropri- The vote was taken by electronic de- unanimously through the Judiciary ators asking that they reject the President’s vice, and there were—yeas 416, nays 0, Committee and for bringing it to the short-sighted elimination of the program and not voting 16, as follows: floor today without any amendments. increase SCAAP funding. [Roll No. 249] We may not agree on many aspects of I am a strong supporter of comprehensive immigration policy, but this bill ac- immigration reform and as Congress continues YEAS—416 complishes a larger goal, making our to debate immigration reform, we cannot deny Abercrombie Carney Fallin that State and local governments are on the Ackerman Carter Farr community safer. For that reason, I Aderholt Castle Fattah appreciate your support. frontlines of immigration enforcement. I will Akin Castor Feeney I urge my colleagues to support their continue to work to ensure that they receive Alexander Cazayoux Ferguson adequate funding and resources for the impor- Allen Chabot Filner local law enforcement agencies by vot- Altmire Chandler Flake ing for this bill. tant role they play. Arcuri Clarke Forbes Ms. GIFFORDS. Mr. Speaker, thank you I want to thank my colleague, Congress- Baca Clay Fortenberry ´ Congresswoman SA´NCHEZ. I appreciate your woman SANCHEZ, for introducing this much Bachmann Cleaver Fossella Bachus Clyburn Foster tireless work for ensuring that the Criminal needed legislation. Ms. LINDA T. SA´ NCHEZ of Cali- Baird Coble Foxx Alien Assistance Program, or SCAAP, is a Baldwin Cohen Frank (MA) strong, fully-funded, functional program. fornia. I yield back the remainder of Barrett (SC) Cole (OK) Franks (AZ) SCAAP is vital to my district in Southern Ari- my time. Barrow Conyers Frelinghuysen The SPEAKER pro tempore. The Bartlett (MD) Cooper Gallegly zona. There, along 114 miles of our 2,000 question is on the motion offered by Barton (TX) Costa Garrett (NJ) mile boundary with Mexico, Federal, State, Bean Costello Gerlach the gentlewoman from California (Ms. county and local law enforcement are on the Becerra Courtney Giffords LINDA T. SA´ NCHEZ) that the House sus- Berkley Cramer Gilchrest frontlines defending our border. Berman Crenshaw Gillibrand Last year, 387,000 undocumented immi- pend the rules and pass the bill, H.R. 1512. Berry Crowley Gingrey grants were apprehended in Arizona. And an Biggert Cubin Gohmert The question was taken. average of 1,000 illegal immigrants per day Bilbray Cuellar Gonzalez The SPEAKER pro tempore. In the Bilirakis Culberson Goode were arrested and deported from Tucson. This opinion of the Chair, two-thirds being Bishop (GA) Cummings Goodlatte year, over 180,000 have been apprehended. in the affirmative, the ayes have it. Bishop (NY) Davis (AL) Gordon The Tucson Sector, which includes my dis- Bishop (UT) Davis (CA) Granger Mr. FRELINGHUYSEN. Mr. Speaker, Blackburn Davis (IL) Graves trict, is the most porous section of the entire I object to the vote on the ground that Blumenauer Davis (KY) Green, Al U.S.-Mexico Border. More than 48 percent of a quorum is not present and make the Blunt Davis, David Green, Gene the Nation’s drug traffic enters our country point of order that a quorum is not Boehner Davis, Lincoln Grijalva through Southern Arizona. Bonner Davis, Tom Gutierrez present. Bono Mack Deal (GA) Hall (NY) Securing our Nation’s borders is the Federal The SPEAKER pro tempore. Pursu- Boozman DeFazio Hall (TX) Government’s exclusive jurisdiction. However, ant to clause 8 of rule XX and the Boren DeGette Hare communities through Southern Arizona and Boswell Delahunt Harman Chair’s prior announcement, further Boucher DeLauro Hastings (FL) the Nation face extraordinary costs from incar- proceedings on this motion will be Boustany Dent Hastings (WA) cerating undocumented criminals. postponed. Boyd (FL) Diaz-Balart, L. Hayes SCAAP reimburses States and localities for The point of no quorum is considered Boyda (KS) Diaz-Balart, M. Heller costs associated with illegal immigrants who Brady (PA) Dicks Hensarling withdrawn. Brady (TX) Dingell Herger commit crimes in our communities. f Braley (IA) Doggett Herseth Sandlin I am pleased to be a cosponsor of H.R. Broun (GA) Donnelly Higgins 1512. This legislation would expand SCAAP’s ANNOUNCEMENT BY THE SPEAKER Brown (SC) Doolittle Hill scope. It will ensure that states are more ap- PRO TEMPORE Brown, Corrine Doyle Hinchey Brown-Waite, Drake Hinojosa propriately compensated for the high costs of The SPEAKER pro tempore. Pursu- Ginny Dreier Hirono incarcerating undocumented aliens. ant to clause 8 of rule XX, proceedings Buchanan Duncan Hobson Please join me in supporting our State and will resume on questions previously Burgess Edwards Hodes Buyer Ehlers Hoekstra local law enforcement by voting to responsibly postponed. Calvert Ellison Holden expand SCAAP by passing H.R. 1512. Votes will be taken in the following Camp (MI) Ellsworth Holt Mr. BISHOP of New York. Mr. Speaker, I order: Cannon Emanuel Honda rise today in strong support of H.R. 1512, the Motions to suspend the rules with re- Cantor Emerson Hooley Capito Engel Hoyer State Criminal Alien Assistance Program gard to H.R. 3658, H. Con. Res. 317, H. Capps English (PA) Hunter (SCAAP) Reimbursement Protection Act. Res. 1109, S. 2929—in each case de novo; Capuano Eshoo Inglis (SC) SCAAP is vital to my district on eastern and motion to instruct on H.R. 2419, by Cardoza Etheridge Inslee Long Island by providing much needed assist- the yeas and nays. Carnahan Everett Israel

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.061 H06MYPT1 jbell on PROD1PC69 with HOUSE H3086 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Issa Miller (MI) Scott (GA) Mr. ROGERS of Kentucky. Mr. Tierney Walz (MN) Wexler Jackson (IL) Miller (NC) Scott (VA) Speaker, I move to reconsider the vote. Towns Wasserman Wilson (OH) Jackson-Lee Miller, Gary Sensenbrenner Tsongas Schultz Woolsey (TX) Miller, George Serrano MOTION TO TABLE OFFERED BY MR. HASTINGS Udall (CO) Waters Wu Jefferson Mitchell Sessions OF FLORIDA Udall (NM) Watson Wynn Johnson (GA) Mollohan Sestak Mr. HASTINGS of Florida. Mr. Van Hollen Watt Yarmuth Johnson (IL) Moore (KS) Shadegg Vela´ zquez Waxman Johnson, E. B. Moore (WI) Shays Speaker, I move to lay the motion to Visclosky Welch (VT) Johnson, Sam Moran (KS) Shea-Porter reconsider on the table. Jordan Moran (VA) Sherman The SPEAKER pro tempore. The NOES—190 Kagen Murphy (CT) Shimkus question is on the motion to table. Aderholt Gallegly Pearce Kanjorski Murphy, Patrick Shuler Akin Garrett (NJ) Pence Kaptur Murphy, Tim Shuster The question was taken; and the Alexander Gerlach Peterson (PA) Keller Murtha Simpson Speaker pro tempore announced that Bachmann Gilchrest Petri Kennedy Musgrave Sires Bachus Gingrey Pickering Kildee Myrick the noes appeared to have it. Skelton Barrett (SC) Gohmert Pitts Kilpatrick Nadler RECORDED VOTE Slaughter Bartlett (MD) Goode Platts Kind Napolitano Smith (NE) Mr. HASTINGS of Florida. Mr. Barton (TX) Goodlatte Poe King (IA) Neal (MA) Smith (NJ) Biggert Granger King (NY) Neugebauer Speaker, I demand a recorded vote. Porter Smith (TX) Bilbray Graves Price (GA) Kingston Nunes A recorded vote was ordered. Bilirakis Hastings (WA) Smith (WA) Putnam Kirk Obey Snyder The SPEAKER pro tempore. This Bishop (UT) Hayes Radanovich Klein (FL) Olver Solis Blackburn Heller will be a 5-minute vote. Ramstad Kline (MN) Ortiz Souder Blunt Hensarling The vote was taken by electronic de- Regula Knollenberg Pallone Space Boehner Herger Rehberg Kucinich Pascrell Spratt vice, and there were—ayes 226, noes 190, Bonner Hobson Reichert Kuhl (NY) Pastor Stark not voting 16, as follows: Bono Mack Hoekstra LaHood Paul Boozman Hunter Renzi Stearns [Roll No. 250] Lamborn Payne Stupak Boustany Inglis (SC) Reynolds Lampson Pearce Sullivan AYES—226 Brady (TX) Issa Rogers (AL) Langevin Pence Broun (GA) Johnson (IL) Rogers (KY) Sutton Abercrombie Filner Meek (FL) Larsen (WA) Perlmutter Brown (SC) Johnson, Sam Rogers (MI) Tancredo Ackerman Foster Meeks (NY) Larson (CT) Peterson (MN) Brown-Waite, Jordan Rohrabacher Tanner Allen Frank (MA) Melancon Latham Peterson (PA) Ginny Keller Ros-Lehtinen Tauscher Altmire Giffords Michaud LaTourette Petri Buchanan King (IA) Roskam Taylor Arcuri Gillibrand Miller (NC) Latta Pickering Burgess King (NY) Royce Terry Baca Gonzalez Miller, George Lee Pitts Buyer Kingston Ryan (WI) Thompson (CA) Baird Gordon Mitchell Levin Platts Calvert Kirk Sali Thompson (MS) Baldwin Green, Al Mollohan Lewis (CA) Poe Camp (MI) Kline (MN) Thornberry Barrow Green, Gene Moore (KS) Saxton Lewis (GA) Pomeroy Cannon Knollenberg Tiahrt Bean Grijalva Moore (WI) Schmidt Lewis (KY) Porter Cantor Kuhl (NY) Tiberi Becerra Gutierrez Moran (VA) Sensenbrenner Linder Price (GA) Capito LaHood Tierney Berkley Hall (NY) Murphy (CT) Sessions Lipinski Price (NC) Carter Lamborn Towns Berman Hare Murphy, Patrick Shadegg LoBiondo Putnam Castle Latham Tsongas Berry Harman Murtha Shays Loebsack Radanovich Chabot LaTourette Turner Bishop (GA) Hastings (FL) Nadler Shimkus Lofgren, Zoe Rahall Coble Latta Udall (CO) Bishop (NY) Herseth Sandlin Napolitano Shuster Lowey Ramstad Cole (OK) Lewis (CA) Udall (NM) Blumenauer Higgins Neal (MA) Simpson Lucas Rangel Crenshaw Lewis (KY) Upton Boren Hill Obey Smith (NE) Lungren, Daniel Regula Cubin Linder Van Hollen Boswell Hinchey Olver Smith (NJ) E. Rehberg Culberson LoBiondo Vela´ zquez Boucher Hinojosa Ortiz Smith (TX) Lynch Reichert Davis (KY) Lucas Visclosky Boyd (FL) Hirono Pallone Souder Mack Renzi Davis, David Lungren, Daniel Walberg Boyda (KS) Hodes Pascrell Stearns Mahoney (FL) Reyes Davis, Tom E. Walden (OR) Brady (PA) Holden Pastor Sullivan Maloney (NY) Reynolds Deal (GA) Mack Walsh (NY) Braley (IA) Holt Payne Tancredo Manzullo Richardson Dent Manzullo Walz (MN) Brown, Corrine Honda Perlmutter Terry Marchant Rodriguez Diaz-Balart, L. Marchant Wamp Capps Hooley Peterson (MN) Thornberry Markey Rogers (AL) Diaz-Balart, M. McCarthy (CA) Wasserman Capuano Hoyer Pomeroy Tiahrt Marshall Rogers (KY) Doolittle McCaul (TX) Schultz Cardoza Inslee Price (NC) Tiberi Matheson Rogers (MI) Drake McCotter Waters Carnahan Israel Rahall Matsui Rohrabacher Dreier McCrery Turner Watson Carney Jackson (IL) Rangel McCarthy (CA) Ros-Lehtinen Duncan McHugh Upton Watt Castor Jackson-Lee Reyes McCarthy (NY) Roskam Ehlers McKeon Walberg Waxman Cazayoux (TX) Richardson McCaul (TX) Ross Emerson McMorris Walden (OR) Chandler Jefferson Rodriguez McCollum (MN) Rothman Welch (VT) English (PA) Rodgers Walsh (NY) Clarke Johnson (GA) Ross McCotter Roybal-Allard Weldon (FL) Everett Mica Wamp Clay Johnson, E. B. Rothman McCrery Royce Weller Fallin Miller (FL) Weldon (FL) Cleaver Kagen Roybal-Allard McDermott Ruppersberger Westmoreland Feeney Miller (MI) Weller Clyburn Kanjorski Ruppersberger McGovern Ryan (OH) Wexler Ferguson Miller, Gary Westmoreland Cohen Kaptur Ryan (OH) McHugh Ryan (WI) Whitfield (KY) Flake Moran (KS) Whitfield (KY) Conyers Kennedy Salazar McIntyre Salazar Wilson (NM) Forbes Murphy, Tim Wilson (NM) Cooper Kildee Sa´ nchez, Linda McKeon Sali Wilson (OH) Fortenberry Musgrave Wilson (SC) Costa Kilpatrick T. McMorris Sa´ nchez, Linda Wilson (SC) Fossella Myrick Wittman (VA) Costello Kind Sanchez, Loretta Rodgers T. Wittman (VA) Foxx Neugebauer Wolf Courtney Klein (FL) Sarbanes McNerney Sanchez, Loretta Wolf Franks (AZ) Nunes Young (AK) Cramer Kucinich Schakowsky McNulty Sarbanes Woolsey Frelinghuysen Paul Young (FL) Meeks (NY) Saxton Wu Crowley Lampson Schiff Melancon Schakowsky Wynn Cuellar Langevin Schwartz NOT VOTING—16 Mica Schiff Yarmuth Cummings Larsen (WA) Scott (GA) Andrews Hall (TX) Pryce (OH) Michaud Schmidt Young (AK) Davis (AL) Larson (CT) Scott (VA) Burton (IN) Hulshof Miller (FL) Schwartz Young (FL) Davis (CA) Lee Serrano Rush Davis (IL) Levin Sestak Butterfield Jones (NC) Speier NOT VOTING—16 Davis, Lincoln Lewis (GA) Shea-Porter Campbell (CA) Jones (OH) Weiner Carson McHenry Andrews Hulshof Pryce (OH) DeFazio Lipinski Sherman DeGette Loebsack Shuler Conaway Oberstar Burton (IN) Jones (NC) Rush Delahunt Lofgren, Zoe Sires Butterfield Jones (OH) Speier DeLauro Lowey Skelton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Campbell (CA) McHenry Weiner Carson Meek (FL) Dicks Lynch Slaughter The SPEAKER pro tempore (during Conaway Oberstar Dingell Mahoney (FL) Smith (WA) Doggett Maloney (NY) Snyder the vote). There are 2 minutes remain- Donnelly Markey Solis ing in this vote. b 1548 Doyle Marshall Space Ms. MCCOLLUM of Minnesota Edwards Matheson Spratt Ellison Matsui Stark b 1556 changed her vote from ‘‘nay’’ to ‘‘yea.’’ Ellsworth McCarthy (NY) Stupak So (two-thirds being in the affirma- Emanuel McCollum (MN) Sutton Mr. ROYCE changed his vote from tive) the rules were suspended and the Engel McDermott Tanner ‘‘aye’’ to ‘‘no.’’ bill was passed. Eshoo McGovern Tauscher So the motion to table was agreed to. Etheridge McIntyre Taylor The result of the vote was announced Farr McNerney Thompson (CA) The result of the vote was announced as above recorded. Fattah McNulty Thompson (MS) as above recorded.

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.020 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3087 CONDEMNING BURMESE REGIME’S Hooley Meek (FL) Schiff b 1603 UNDEMOCRATIC CONSTITUTION Hoyer Meeks (NY) Schmidt Hunter Melancon Schwartz So (two-thirds being in the affirma- The SPEAKER pro tempore. The un- Inglis (SC) Mica Scott (GA) tive) the rules were suspended and the Inslee Michaud Scott (VA) finished business is the question on Israel Miller (FL) Sensenbrenner concurrent resolution, as amended, was suspending the rules and agreeing to Issa Miller (MI) Serrano agreed to. the concurrent resolution, H. Con. Res. Jackson (IL) Miller (NC) Sessions The result of the vote was announced 317, as amended. Jackson-Lee Miller, Gary Sestak as above recorded. (TX) Mitchell Shadegg The Clerk read the title of the con- Jefferson Mollohan Shays The title was amended so as to read: current resolution. Johnson (GA) Moore (KS) Shea-Porter ‘‘Concurrent resolution condemning The SPEAKER pro tempore. The Johnson (IL) Moore (WI) Sherman the Burmese regime’s undemocratic Johnson, E. B. Moran (KS) Shimkus question is on the motion offered by Johnson, Sam Moran (VA) Shuler draft constitution and scheduled ref- the gentlewoman from California (Ms. Jordan Murphy (CT) Shuster erendum’’. WATSON) that the House suspend the Kagen Murphy, Patrick Simpson Mr. ROGERS of Kentucky. Madam rules and agree to the concurrent reso- Kanjorski Murphy, Tim Sires Speaker, I move to reconsider the vote. Kaptur Murtha Skelton lution, H. Con. Res. 317, as amended. Keller Musgrave Slaughter MOTION TO TABLE OFFERED BY MR. HASTINGS The question was taken. Kennedy Myrick Smith (NE) OF FLORIDA Kildee Nadler The SPEAKER pro tempore. In the Smith (NJ) Mr. HASTINGS of Florida. Madam Kilpatrick Napolitano Smith (TX) opinion of the Chair, two-thirds being Kind Neal (MA) Smith (WA) Speaker, I move to table the motion to in the affirmative, the ayes have it. King (IA) Neugebauer Snyder reconsider. King (NY) Nunes RECORDED VOTE Solis The SPEAKER pro tempore (Ms. Kingston Obey Souder Mr. ROGERS of Kentucky. Mr. Kirk Olver Space DEGETTE). The question is on the mo- Speaker, I demand a recorded vote. Klein (FL) Ortiz Spratt tion to table. Kline (MN) Pallone Stark A recorded vote was ordered. Knollenberg Pascrell The question was taken; and the Stearns Kucinich Pastor Speaker pro tempore announced that The SPEAKER pro tempore. This Stupak Kuhl (NY) Payne will be a 5-minute vote. Sullivan the ayes appeared to have it. LaHood Pearce Sutton The vote was taken by electronic de- Lamborn Pence RECORDED VOTE Tancredo vice, and there were—ayes 413, noes 1, Lampson Perlmutter Tanner Mr. ROGERS of Kentucky. Mr. Langevin Peterson (MN) not voting 18, as follows: Tauscher Speaker, I demand a recorded vote. Larsen (WA) Peterson (PA) Taylor [Roll No. 251] Larson (CT) Petri A recorded vote was ordered. Terry Latham Pickering AYES—413 Thompson (CA) The SPEAKER pro tempore. This LaTourette Pitts will be a 5-minute vote. Abercrombie Cardoza English (PA) Latta Platts Thornberry Ackerman Carnahan Eshoo Lee Poe Tiahrt The vote was taken by electronic de- Aderholt Carney Etheridge Levin Pomeroy Tiberi vice, and there were—ayes 225, noes 190, Tierney Akin Carter Everett Lewis (CA) Porter not voting 17, as follows: Alexander Castle Fallin Lewis (GA) Price (GA) Towns Allen Castor Farr Lewis (KY) Price (NC) Tsongas [Roll No. 252] Altmire Cazayoux Fattah Turner Linder Putnam AYES—225 Arcuri Chabot Feeney Lipinski Radanovich Udall (CO) Baca Chandler Ferguson LoBiondo Rahall Udall (NM) Abercrombie DeFazio Johnson (GA) Bachmann Clarke Filner Loebsack Ramstad Upton Ackerman DeGette Johnson, E. B. Bachus Clay Flake Lofgren, Zoe Rangel Van Hollen Allen Delahunt Kagen Baird Cleaver Forbes Lowey Regula Vela´ zquez Altmire DeLauro Kanjorski Baldwin Clyburn Fortenberry Lucas Rehberg Visclosky Arcuri Dicks Kaptur Barrett (SC) Coble Fossella Lungren, Daniel Reichert Walberg Baca Dingell Kennedy Barrow Cohen Foster E. Renzi Walden (OR) Baird Doggett Kildee Bartlett (MD) Cole (OK) Foxx Lynch Reyes Walsh (NY) Baldwin Donnelly Kilpatrick Barton (TX) Conyers Frank (MA) Mack Reynolds Walz (MN) Barrow Doyle Kind Bean Cooper Franks (AZ) Mahoney (FL) Richardson Wamp Bean Edwards Klein (FL) Becerra Costa Frelinghuysen Maloney (NY) Rodriguez Wasserman Becerra Ellison Kucinich Berkley Costello Gallegly Manzullo Rogers (AL) Schultz Berkley Ellsworth Lampson Berman Courtney Garrett (NJ) Marchant Rogers (KY) Waters Berman Emanuel Langevin Berry Cramer Gerlach Markey Rogers (MI) Watson Berry Engel Larsen (WA) Biggert Crenshaw Giffords Marshall Rohrabacher Watt Bishop (GA) Eshoo Larson (CT) Bilbray Crowley Gilchrest Matheson Ros-Lehtinen Waxman Bishop (NY) Etheridge Lee Bilirakis Cubin Gillibrand Matsui Roskam Welch (VT) Blumenauer Farr Levin Bishop (GA) Cuellar Gingrey McCarthy (CA) Ross Weldon (FL) Boren Fattah Lewis (GA) Bishop (NY) Culberson Gohmert McCarthy (NY) Rothman Weller Boswell Filner Lipinski Bishop (UT) Cummings Gonzalez McCaul (TX) Roybal-Allard Wexler Boucher Foster Loebsack Blackburn Davis (AL) Goode McCollum (MN) Royce Whitfield (KY) Boyd (FL) Frank (MA) Lofgren, Zoe Blumenauer Davis (CA) Goodlatte McCotter Ruppersberger Wilson (NM) Boyda (KS) Giffords Lowey Blunt Davis (IL) Gordon McCrery Ryan (OH) Wilson (OH) Brady (PA) Gillibrand Lynch Boehner Davis (KY) Granger McDermott Ryan (WI) Wilson (SC) Braley (IA) Gonzalez Mahoney (FL) Bonner Davis, David Graves McGovern Salazar Wittman (VA) Brown, Corrine Gordon Maloney (NY) Bono Mack Davis, Lincoln Green, Al McHugh Sali Wolf Capps Green, Al Markey Boozman Davis, Tom Green, Gene McIntyre Sa´ nchez, Linda Woolsey Capuano Green, Gene Marshall Boren Deal (GA) Grijalva McKeon T. Wu Cardoza Grijalva Matheson Boswell DeFazio Gutierrez McMorris Sanchez, Loretta Wynn Carnahan Gutierrez Matsui Boucher DeGette Hall (NY) Rodgers Sarbanes Yarmuth Carney Hall (NY) McCarthy (NY) Boustany Delahunt Hall (TX) McNerney Saxton Young (AK) Castor Hare McCollum (MN) Boyd (FL) DeLauro Hare McNulty Schakowsky Young (FL) Cazayoux Harman McDermott Boyda (KS) Dent Harman Chandler Hastings (FL) McGovern Brady (PA) Diaz-Balart, L. Hastings (FL) NOES—1 Clarke Herseth Sandlin McIntyre Brady (TX) Diaz-Balart, M. Hastings (WA) Clay Higgins McNerney Braley (IA) Dicks Hayes Paul Cleaver Hill McNulty Broun (GA) Dingell Heller Clyburn Hinchey Meek (FL) Brown (SC) Doggett Hensarling NOT VOTING—18 Cohen Hinojosa Meeks (NY) Brown, Corrine Donnelly Herger Andrews Hulshof Pryce (OH) Conyers Hirono Melancon Brown-Waite, Doolittle Herseth Sandlin Burton (IN) Jones (NC) Rush Cooper Hodes Michaud Ginny Doyle Higgins Butterfield Jones (OH) Speier Costa Holden Miller (NC) Buchanan Drake Hill Campbell (CA) McHenry Thompson (MS) Costello Holt Miller, George Burgess Dreier Hinchey Carson Miller, George Weiner Courtney Honda Mitchell Buyer Duncan Hinojosa Conaway Oberstar Westmoreland Cramer Hooley Mollohan Calvert Edwards Hirono Crowley Hoyer Moore (KS) Camp (MI) Ehlers Hobson Cuellar Inslee Moore (WI) Cannon Ellison Hodes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cummings Israel Moran (VA) Cantor Ellsworth Hoekstra The SPEAKER pro tempore (during Davis (AL) Jackson (IL) Murphy (CT) Capito Emanuel Holden Davis (CA) Jackson-Lee Murphy, Patrick Capps Emerson Holt the vote). Two minutes are remaining Davis (IL) (TX) Murtha Capuano Engel Honda in this vote. Davis, Lincoln Jefferson Nadler

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.066 H06MYPT1 jbell on PROD1PC69 with HOUSE H3088 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Napolitano Sanchez, Loretta Taylor Oberstar Rangel Speier Frelinghuysen Lungren, Daniel Ross Neal (MA) Sarbanes Thompson (CA) Pryce (OH) Rush Weiner Gallegly E. Rothman Obey Schakowsky Thompson (MS) Garrett (NJ) Lynch Roybal-Allard Olver Schiff Tierney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gerlach Mack Royce Ortiz Schwartz Towns The SPEAKER pro tempore (during Giffords Mahoney (FL) Ruppersberger Pallone Scott (GA) Tsongas the vote). Two minutes are remaining. Gilchrest Maloney (NY) Ryan (OH) Pascrell Scott (VA) Udall (CO) Gillibrand Manzullo Ryan (WI) Pastor Serrano Udall (NM) b 1611 Gingrey Marchant Salazar Payne Sestak Van Hollen Gohmert Markey Sali Perlmutter Shea-Porter Vela´ zquez So the motion to table was agreed to. Gonzalez Marshall Sa´ nchez, Linda Peterson (MN) Sherman Visclosky The result of the vote was announced Goode Matheson T. Pomeroy Shuler Walz (MN) Goodlatte Matsui Sanchez, Loretta Price (NC) Sires Wasserman as above recorded. Gordon McCarthy (CA) Sarbanes Rahall Skelton Schultz Granger McCarthy (NY) Saxton Reyes Slaughter Waters f Graves McCaul (TX) Schakowsky Richardson Smith (WA) Watson Green, Al McCollum (MN) Schiff Rodriguez Snyder Watt DITH PRAN Green, Gene McCotter Schmidt Ross Solis Waxman McCrery Schwartz The SPEAKER pro tempore. The un- Grijalva Rothman Space Welch (VT) Gutierrez McDermott Scott (GA) Roybal-Allard Spratt Wexler finished business is the question on Hall (NY) McGovern Scott (VA) Ruppersberger Stark Wilson (OH) suspending the rules and agreeing to Hall (TX) McHugh Sensenbrenner Ryan (OH) Stupak Woolsey the resolution, H. Res. 1109, as amend- Hare McIntyre Serrano Salazar Sutton Wu McKeon Sessions ed. Harman Sa´ nchez, Linda Tanner Wynn Hastings (FL) McMorris Sestak T. Tauscher Yarmuth The Clerk read the title of the resolu- Hastings (WA) Rodgers Shadegg tion. Hayes McNerney Shays NOES—190 The SPEAKER pro tempore. The Heller McNulty Shea-Porter Hensarling Meek (FL) Sherman Aderholt Garrett (NJ) Pearce question is on the motion offered by Meeks (NY) Herger Shimkus Akin Gerlach Pence Melancon Shuler the gentlewoman from California (Ms. Herseth Sandlin Alexander Gilchrest Peterson (PA) Mica Shuster WATSON) that the House suspend the Higgins Bachmann Gingrey Petri Michaud Simpson Hill Bachus Gohmert Pickering rules and agree to the resolution, H. Miller (FL) Sires Hinchey Barrett (SC) Goode Pitts Res. 1109, as amended. Miller (MI) Skelton Hinojosa Bartlett (MD) Goodlatte Platts Miller (NC) Slaughter Barton (TX) The question was taken. Hirono Granger Poe Miller, Gary Smith (NE) Biggert Graves The SPEAKER pro tempore. In the Hobson Porter Miller, George Smith (NJ) Bilbray Hall (TX) Hodes Price (GA) opinion of the Chair, two-thirds being Mitchell Smith (TX) Bilirakis Hastings (WA) Hoekstra Putnam in the affirmative, the ayes have it. Mollohan Smith (WA) Bishop (UT) Hayes Holden Radanovich Moore (KS) Snyder Blackburn Heller RECORDED VOTE Holt Ramstad Moore (WI) Solis Blunt Hensarling Honda Regula Mr. ROGERS of Kentucky. Mr. Moran (KS) Souder Boehner Herger Hooley Rehberg Speaker, I demand a recorded vote. Moran (VA) Space Bonner Hobson Hoyer Reichert Murphy (CT) Spratt Bono Mack Hoekstra A recorded vote was ordered. Hunter Renzi Murphy, Patrick Stark Boozman Hunter The SPEAKER pro tempore. This Inglis (SC) Reynolds Murphy, Tim Stearns Boustany Inglis (SC) Inslee Rogers (AL) will be a 5-minute vote. Murtha Stupak Brady (TX) Issa Israel Rogers (KY) The vote was taken by electronic de- Musgrave Sullivan Broun (GA) Johnson (IL) Issa Rogers (MI) Myrick Sutton Brown (SC) Johnson, Sam vice, and there were—ayes 413, noes 1, Jackson (IL) Rohrabacher Nadler Tancredo Brown-Waite, Jordan not voting 18, as follows: Jackson-Lee Ros-Lehtinen Napolitano Tanner Ginny Keller (TX) Roskam [Roll No. 253] Neal (MA) Tauscher Buchanan King (IA) Jefferson Royce Neugebauer Taylor Burgess King (NY) AYES—413 Johnson (GA) Buyer Kingston Ryan (WI) Nunes Terry Johnson (IL) Calvert Kirk Sali Abercrombie Brown, Corrine Davis, David Obey Thompson (CA) Johnson, E. B. Camp (MI) Kline (MN) Saxton Ackerman Brown-Waite, Davis, Lincoln Olver Thompson (MS) Johnson, Sam Cantor Knollenberg Schmidt Aderholt Ginny Davis, Tom Ortiz Thornberry Jordan Capito Kuhl (NY) Sensenbrenner Akin Buchanan Deal (GA) Pallone Tiahrt Alexander Burgess DeFazio Kagen Carter LaHood Sessions Pascrell Tiberi Allen Buyer DeGette Kanjorski Castle Lamborn Shadegg Pastor Tierney Altmire Calvert Delahunt Keller Chabot Latham Shays Paul Towns Arcuri Camp (MI) DeLauro Kennedy Coble LaTourette Shimkus Payne Tsongas Baca Cannon Dent Kildee Cole (OK) Latta Shuster Pearce Turner Bachmann Cantor Diaz-Balart, L. Kilpatrick Crenshaw Lewis (CA) Simpson Pence Udall (CO) Bachus Capito Diaz-Balart, M. Kind Perlmutter Cubin Lewis (KY) Smith (NE) Udall (NM) Baird Capps Dicks King (IA) Peterson (MN) Upton Culberson Linder Smith (NJ) Baldwin Capuano Dingell King (NY) Peterson (PA) Van Hollen Davis (KY) LoBiondo Smith (TX) Barrett (SC) Cardoza Doggett Kingston Petri Vela´ zquez Davis, David Lucas Souder Barrow Carnahan Donnelly Kirk Pickering Visclosky Davis, Tom Lungren, Daniel Stearns Bartlett (MD) Carney Doolittle Klein (FL) Pitts Walberg Deal (GA) E. Sullivan Dent Mack Barton (TX) Carter Doyle Kline (MN) Platts Walden (OR) Tancredo Diaz-Balart, L. Manzullo Bean Castle Drake Knollenberg Poe Walsh (NY) Terry Diaz-Balart, M. Marchant Becerra Castor Dreier Kucinich Pomeroy Walz (MN) Thornberry Doolittle McCarthy (CA) Berkley Cazayoux Duncan Kuhl (NY) Porter Wamp Tiahrt Drake McCaul (TX) Berman Chabot Edwards LaHood Price (GA) Wasserman Tiberi Dreier McCotter Berry Chandler Ehlers Lamborn Price (NC) Schultz Duncan McCrery Turner Biggert Clarke Ellison Lampson Putnam Waters Ehlers McHugh Upton Bilirakis Clay Ellsworth Langevin Radanovich Watson Emerson McKeon Walberg Bishop (GA) Cleaver Emanuel Larsen (WA) Rahall Watt English (PA) McMorris Walden (OR) Bishop (NY) Clyburn Emerson Larson (CT) Ramstad Waxman Everett Rodgers Walsh (NY) Bishop (UT) Coble Engel Latham Rangel Welch (VT) Fallin Mica Wamp Blackburn Cohen English (PA) LaTourette Regula Weldon (FL) Feeney Miller (FL) Weldon (FL) Blumenauer Cole (OK) Eshoo Latta Rehberg Weller Ferguson Miller (MI) Weller Blunt Conyers Etheridge Lee Reichert Westmoreland Flake Miller, Gary Westmoreland Boehner Cooper Everett Levin Renzi Wexler Forbes Moran (KS) Whitfield (KY) Bonner Costa Fallin Lewis (CA) Reyes Whitfield (KY) Fortenberry Murphy, Tim Wilson (NM) Bono Mack Costello Farr Lewis (GA) Reynolds Wilson (NM) Fossella Musgrave Wilson (SC) Boozman Courtney Fattah Lewis (KY) Richardson Wilson (OH) Foxx Myrick Wittman (VA) Boren Cramer Feeney Linder Rodriguez Wilson (SC) Franks (AZ) Neugebauer Wolf Boswell Crenshaw Ferguson Lipinski Rogers (AL) Wittman (VA) Frelinghuysen Nunes Young (AK) Boucher Crowley Filner LoBiondo Rogers (KY) Wolf Gallegly Paul Young (FL) Boustany Cubin Flake Loebsack Rogers (MI) Wu Boyd (FL) Cuellar Forbes Lofgren, Zoe Rohrabacher Wynn NOT VOTING—17 Boyda (KS) Culberson Fortenberry Lowey Ros-Lehtinen Yarmuth Brady (PA) Cummings Fossella Lucas Roskam Young (FL) Andrews Cannon Jones (NC) Brady (TX) Davis (AL) Foster Burton (IN) Carson Jones (OH) Braley (IA) Davis (CA) Foxx NOES—1 Butterfield Conaway McHenry Broun (GA) Davis (IL) Frank (MA) Campbell (CA) Hulshof Brown (SC) Davis (KY) Franks (AZ) Young (AK)

VerDate Aug 31 2005 05:11 May 07, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.040 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3089 NOT VOTING—18 Meeks (NY) Richardson Spratt Campbell (CA) Jones (NC) Reyes Melancon Rodriguez Stark Carson Jones (OH) Rush Andrews Conaway Oberstar Michaud Ross Stupak Conaway McHenry Speier Bilbray Hulshof Pryce (OH) Miller (NC) Rothman Sutton Gingrey Oberstar Waters Burton (IN) Jones (NC) Rush Miller, George Roybal-Allard Tanner Hulshof Pryce (OH) Weiner Butterfield Jones (OH) Speier Mitchell Ruppersberger Tauscher Campbell (CA) Kaptur Weiner Mollohan Ryan (OH) Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson McHenry Woolsey Moore (KS) Salazar Thompson (CA) The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Moore (WI) Sa´ nchez, Linda Thompson (MS) the vote). There are 2 minutes remain- Moran (VA) T. Tierney The SPEAKER pro tempore (during Murphy (CT) Sanchez, Loretta Towns ing. the vote). There are 2 minutes remain- Murphy, Patrick Sarbanes Tsongas ing. Murtha Schakowsky Udall (CO) b 1627 Nadler Schiff Udall (NM) So the motion to table was agreed to. Napolitano Schwartz Van Hollen b 1619 Neal (MA) Scott (GA) Vela´ zquez The result of the vote was announced Obey Scott (VA) Visclosky as above recorded. So (two-thirds being in the affirma- Olver Serrano Walz (MN) tive) the rules were suspended and the Ortiz Sestak Wasserman f resolution, as amended, was agreed to. Pallone Shea-Porter Schultz Pascrell Sherman Watson MOTION TO ADJOURN The result of the vote was announced Pastor Shuler Watt as above recorded. Payne Sires Waxman Mr. SIMPSON. Madam Speaker, I Mr. ROGERS of Kentucky. Madam Perlmutter Skelton Welch (VT) move that the House do now adjourn. Peterson (MN) Slaughter Wexler The SPEAKER pro tempore. The Speaker, I move to reconsider the vote. Pomeroy Smith (NJ) Wilson (OH) MOTION TO TABLE OFFERED BY MR. HASTINGS Price (NC) Smith (WA) Woolsey question is on the motion to adjourn OF FLORIDA Rahall Snyder Wu offered by the gentleman from Idaho. Rangel Solis Wynn The question was taken; and the Mr. HASTINGS of Florida. Madam Reichert Space Yarmuth Speaker, I move to lay the motion to Speaker pro tempore announced that reconsider on the table. NOES—186 the noes appeared to have it. The SPEAKER pro tempore. The Aderholt Gallegly Nunes RECORDED VOTE question is on the motion to table. Akin Garrett (NJ) Paul Mr. SIMPSON. Madam Speaker, I de- Alexander Gerlach Pearce mand a recorded vote. The question was taken; and the Bachmann Gilchrest Pence Speaker pro tempore announced that Bachus Gohmert Peterson (PA) A recorded vote was ordered. the ayes appeared to have it. Barrett (SC) Goode Petri The SPEAKER pro tempore. Pursu- Bartlett (MD) Goodlatte Pickering ant to clauses 8 and 9 of rule XX, this RECORDED VOTE Barton (TX) Granger Pitts Mr. ROGERS of Kentucky. Madam Biggert Graves Platts 15-minute vote on the motion to ad- Speaker, I demand a recorded vote. Bilbray Hall (TX) Poe journ will be followed by resumed 5- A recorded vote was ordered. Bilirakis Hastings (WA) Porter minute voting. Blackburn Hayes Price (GA) The vote was taken by electronic de- The SPEAKER pro tempore. This Blunt Heller Putnam will be a 5-minute vote. Bonner Hensarling Radanovich vice, and there were—ayes 145, noes 271, The vote was taken by electronic de- Bono Mack Herger Ramstad not voting 16, as follows: Boozman Hobson Regula [Roll No. 255] vice, and there were—ayes 225, noes 186, Boustany Hoekstra Rehberg not voting 21, as follows: Brady (TX) Hunter Renzi AYES—145 [Roll No. 254] Broun (GA) Inglis (SC) Reynolds Aderholt Foxx Myrick Brown (SC) Issa Rogers (AL) Akin Franks (AZ) AYES—225 Neugebauer Brown-Waite, Johnson (IL) Rogers (KY) Alexander Frelinghuysen Nunes Ginny Johnson, Sam Rogers (MI) Abercrombie Davis (AL) Honda Bachus Gallegly Paul Buchanan Jordan Rohrabacher Ackerman Davis (CA) Hooley Barrett (SC) Garrett (NJ) Pearce Burgess Keller Ros-Lehtinen Allen Davis (IL) Hoyer Bartlett (MD) Gilchrest Pence Buyer King (IA) Roskam Altmire Davis, Lincoln Inslee Barton (TX) Gingrey Petri Calvert King (NY) Royce Arcuri DeFazio Israel Biggert Goode Porter Camp (MI) Kingston Ryan (WI) Baca DeGette Jackson (IL) Bilbray Goodlatte Price (GA) Baird Delahunt Jackson-Lee Cannon Kirk Sali Bilirakis Granger Cantor Kline (MN) Saxton Putnam Baldwin DeLauro (TX) Bishop (UT) Graves Regula Barrow Dicks Jefferson Capito Knollenberg Schmidt Blackburn Hall (TX) Carter Kuhl (NY) Sensenbrenner Rehberg Bean Dingell Johnson (GA) Blunt Hayes Reichert Becerra Doggett Johnson, E. B. Castle LaHood Sessions Boehner Heller Chabot Lamborn Shadegg Rogers (AL) Berkley Donnelly Kagen Bonner Hensarling Rogers (KY) Berman Doyle Coble Latham Shays Bono Mack Herger Kanjorski Rogers (MI) Berry Edwards Kaptur Cole (OK) LaTourette Shimkus Boozman Hobson Rohrabacher Bishop (GA) Ellison Kennedy Crenshaw Latta Shuster Boustany Hunter Roskam Bishop (NY) Ellsworth Kildee Cubin Lewis (CA) Simpson Broun (GA) Inglis (SC) Royce Blumenauer Emanuel Kilpatrick Culberson Lewis (KY) Smith (NE) Calvert Issa Ryan (WI) Boren Engel Kind Davis (KY) Linder Smith (TX) Camp (MI) Johnson (IL) Saxton Boucher Eshoo Klein (FL) Davis, David LoBiondo Souder Cannon Johnson, Sam Boyd (FL) Etheridge Kucinich Davis, Tom Lucas Stearns Cantor Keller Schmidt Boyda (KS) Farr Lampson Deal (GA) Lungren, Daniel Sullivan Capito King (IA) Sensenbrenner Brady (PA) Fattah Langevin Dent E. Tancredo Carter King (NY) Sessions Braley (IA) Filner Larsen (WA) Diaz-Balart, L. Mack Terry Chabot Kline (MN) Shadegg Brown, Corrine Foster Larson (CT) Diaz-Balart, M. Manzullo Thornberry Coble Knollenberg Shays Capps Frank (MA) Lee Doolittle Marchant Tiahrt Cole (OK) LaHood Shimkus Capuano Giffords Levin Drake McCarthy (CA) Tiberi Conyers Lamborn Simpson Cardoza Gillibrand Lewis (GA) Dreier McCaul (TX) Turner Cooper Latham Smith (NE) Carnahan Gonzalez Lipinski Duncan McCotter Upton Crenshaw LaTourette Smith (TX) Carney Gordon Loebsack Ehlers McCrery Walberg Cubin Latta Souder Castor Green, Al Lofgren, Zoe Emerson McHugh Walden (OR) Culberson Lewis (CA) Stearns Cazayoux Green, Gene Lowey English (PA) McKeon Walsh (NY) Davis (KY) Lewis (KY) Sullivan Chandler Grijalva Lynch Everett McMorris Wamp Davis, David Linder Tancredo Clarke Gutierrez Mahoney (FL) Fallin Rodgers Weldon (FL) Davis, Tom Lucas Thornberry Clay Hall (NY) Maloney (NY) Feeney Mica Weller Deal (GA) Lungren, Daniel Turner Cleaver Hare Markey Ferguson Miller (FL) Westmoreland Diaz-Balart, L. E. Upton Clyburn Harman Marshall Flake Miller (MI) Whitfield (KY) Diaz-Balart, M. Mack Walden (OR) Cohen Hastings (FL) Matheson Forbes Miller, Gary Wilson (NM) Doolittle Marchant Walsh (NY) Conyers Herseth Sandlin Matsui Fortenberry Moran (KS) Wilson (SC) Drake McCarthy (CA) Wamp Cooper Higgins McCarthy (NY) Fossella Murphy, Tim Wittman (VA) Dreier McCaul (TX) Weller Costa Hill McCollum (MN) Foxx Musgrave Wolf Duncan McCrery Westmoreland Costello Hinchey McDermott Franks (AZ) Myrick Young (AK) Emerson McKeon Whitfield (KY) Courtney Hinojosa McGovern Frelinghuysen Neugebauer Young (FL) English (PA) Mica Wilson (NM) Cramer Hirono McIntyre Everett Miller (FL) Wilson (SC) Crowley Hodes McNerney NOT VOTING—21 Ferguson Miller (MI) Wolf Cuellar Holden McNulty Andrews Boehner Burton (IN) Flake Miller, Gary Young (AK) Cummings Holt Meek (FL) Bishop (UT) Boswell Butterfield Forbes Musgrave Young (FL)

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.049 H06MYPT1 jbell on PROD1PC69 with HOUSE H3090 CONGRESSIONAL RECORD — HOUSE May 6, 2008 NOES—271 Oberstar Rush Weiner Crowley Jackson (IL) Ortiz Pryce (OH) Speier Woolsey Cubin Jackson-Lee Pallone Abercrombie Green, Gene Obey Cuellar (TX) Pascrell Ackerman Grijalva Olver ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Culberson Jefferson Pastor Allen Gutierrez Ortiz Cummings Johnson (GA) Payne Altmire Hall (NY) Pallone The SPEAKER pro tempore (during Davis (AL) Johnson (IL) Pearce Arcuri Hare Pascrell the vote). There are 2 minutes remain- Davis (CA) Johnson, E. B. Pence Baca Harman Pastor ing in this vote. Davis (IL) Johnson, Sam Perlmutter Bachmann Hastings (FL) Payne Davis (KY) Jordan Peterson (MN) Baird Hastings (WA) Perlmutter b 1645 Davis, David Kagen Peterson (PA) Baldwin Herseth Sandlin Peterson (MN) Davis, Tom Kanjorski Petri Barrow Higgins Peterson (PA) Mr. GUTIERREZ changed his vote Keller Bean Hill Pickering from ‘‘aye’’ to ‘‘no.’’ Deal (GA) Pickering Becerra Hinchey Pitts DeFazio Kennedy Pitts Berkley Hinojosa Platts So the motion to adjourn was re- DeGette Kildee Platts Berman Hirono Poe jected. Delahunt Kilpatrick Poe Berry Hodes Pomeroy The result of the vote was announced DeLauro Kind Pomeroy Dent King (IA) Porter Bishop (GA) Hoekstra Price (NC) as above recorded. Bishop (NY) Holden Radanovich Diaz-Balart, L. King (NY) Price (GA) Diaz-Balart, M. Kingston Price (NC) Blumenauer Holt Rahall f Boren Honda Ramstad Dicks Kirk Putnam Boswell Hooley Rangel CORRECTING THE ENGROSSMENT Dingell Klein (FL) Radanovich Boucher Hoyer Renzi Donnelly Kline (MN) Rahall Boyd (FL) Inslee Reyes OF TITLE AMENDMENT TO H. Doolittle Knollenberg Ramstad Boyda (KS) Israel Reynolds CON. RES. 317 Doyle Kucinich Rangel Brady (PA) Jackson (IL) Richardson Drake Kuhl (NY) Regula Brady (TX) Jackson-Lee Rodriguez The SPEAKER pro tempore. Without Dreier LaHood Rehberg Braley (IA) (TX) Ros-Lehtinen objection, in the engrossment of the Duncan Lamborn Reichert Brown (SC) Jefferson Ross amendment to the title of H. Con. Res. Edwards Lampson Renzi Brown, Corrine Johnson (GA) Rothman 317, the Clerk may correct any error in Ehlers Langevin Reyes Brown-Waite, Johnson, E. B. Roybal-Allard Ellison Larsen (WA) Reynolds Ginny Jordan Ruppersberger spelling. Ellsworth Larson (CT) Richardson Buchanan Kagen Ryan (OH) There was no objection. Emanuel Latham Rodriguez Burgess Kanjorski Salazar Emerson LaTourette Rogers (AL) Buyer Kaptur Sali f Engel Latta Rogers (KY) Capps Kennedy Sa´ nchez, Linda English (PA) Lee Rogers (MI) Capuano Kildee T. HIGHER EDUCATION EXTENSION Eshoo Levin Rohrabacher Cardoza Kilpatrick Sanchez, Loretta Etheridge Lewis (CA) Ros-Lehtinen Carnahan Kind Sarbanes The SPEAKER pro tempore. The un- Everett Lewis (GA) Roskam Carney Kingston Schakowsky finished business is the question on Fallin Lewis (KY) Ross Castle Kirk Schiff suspending the rules and passing the Farr Linder Rothman Castor Klein (FL) Schwartz Fattah Lipinski Roybal-Allard Cazayoux Kucinich Scott (GA) Senate bill, S. 2929, as amended. Ferguson LoBiondo Royce Chandler Kuhl (NY) Scott (VA) The Clerk read the title of the Senate Filner Loebsack Ruppersberger Clarke Lampson Serrano bill. Flake Lofgren, Zoe Ryan (OH) Clay Langevin Sestak The SPEAKER pro tempore. The Forbes Lowey Ryan (WI) Cleaver Larsen (WA) Shea-Porter Fortenberry Lucas Salazar Clyburn Larson (CT) Sherman question is on the motion offered by Fossella Lungren, Daniel Sali Cohen Lee Shuler the gentleman from Massachusetts Foster E. Sa´ nchez, Linda Costa Levin Shuster (Mr. TIERNEY) that the House suspend Foxx Lynch T. Costello Lewis (GA) Sires the rules and pass the Senate bill, S. Frank (MA) Mack Sanchez, Loretta Courtney Lipinski Skelton Franks (AZ) Maloney (NY) Sarbanes Cramer LoBiondo Slaughter 2929, as amended. Frelinghuysen Manzullo Saxton Crowley Loebsack Smith (NJ) The question was taken. Gallegly Markey Schakowsky Cuellar Lofgren, Zoe Smith (WA) The SPEAKER pro tempore. In the Garrett (NJ) Matheson Schiff Cummings Lowey Snyder Gerlach Matsui Schmidt Davis (AL) Lynch Solis opinion of the Chair, two-thirds being Giffords McCarthy (CA) Schwartz Davis (CA) Mahoney (FL) Space in the affirmative, the ayes have it. Gilchrest McCarthy (NY) Scott (GA) Davis (IL) Maloney (NY) Spratt RECORDED VOTE Gillibrand McCaul (TX) Scott (VA) Davis, Lincoln Manzullo Stark Gingrey McCollum (MN) Sensenbrenner DeFazio Markey Stupak Mrs. EMERSON. Madam Speaker, I Gohmert McCotter Serrano DeGette Marshall Sutton demand a recorded vote. Gonzalez McCrery Sessions Delahunt Matheson Tanner A recorded vote was ordered. Goode McDermott Sestak DeLauro Matsui Tauscher Goodlatte McGovern Shadegg Dent McCarthy (NY) Taylor The SPEAKER pro tempore. This Gordon McHugh Shays Dicks McCollum (MN) Terry will be a 5-minute vote. Granger McIntyre Shea-Porter Dingell McCotter Thompson (CA) The vote was taken by electronic de- Graves McKeon Sherman Doggett McDermott Thompson (MS) vice, and there were—ayes 408, noes 0, Green, Al McMorris Shimkus Donnelly McGovern Tiahrt Green, Gene Rodgers Shuler Doyle McHugh Tiberi not voting 24, as follows: Grijalva McNerney Shuster Edwards McIntyre Tierney [Roll No. 256] Gutierrez McNulty Simpson Ehlers McMorris Towns Hall (NY) Meek (FL) Sires Ellison Rodgers Tsongas AYES—408 Hall (TX) Meeks (NY) Skelton Ellsworth McNerney Udall (CO) Abercrombie Blackburn Cantor Hare Melancon Slaughter Emanuel McNulty Udall (NM) Ackerman Blumenauer Capito Harman Mica Smith (NE) Engel Meek (FL) Van Hollen Akin Blunt Capps Hastings (FL) Michaud Smith (NJ) Eshoo Meeks (NY) Vela´ zquez Alexander Boehner Capuano Hastings (WA) Miller (FL) Smith (TX) Etheridge Melancon Visclosky Allen Bonner Cardoza Hayes Miller (MI) Smith (WA) Fallin Michaud Walberg Altmire Bono Mack Carnahan Heller Miller (NC) Snyder Farr Miller (NC) Walz (MN) Arcuri Boozman Carney Hensarling Miller, Gary Solis Fattah Miller, George Wasserman Baca Boren Carter Herger Miller, George Souder Feeney Mitchell Schultz Bachmann Boswell Castle Herseth Sandlin Mitchell Space Filner Mollohan Waters Bachus Boucher Castor Higgins Mollohan Spratt Fortenberry Moore (KS) Watson Baird Boustany Cazayoux Hill Moore (KS) Stark Fossella Moore (WI) Watt Baldwin Boyd (FL) Chabot Hinchey Moore (WI) Stearns Foster Moran (KS) Waxman Barrett (SC) Boyda (KS) Chandler Hinojosa Moran (KS) Stupak Frank (MA) Moran (VA) Welch (VT) Barrow Brady (PA) Clarke Hirono Moran (VA) Sullivan Gerlach Murphy (CT) Weldon (FL) Bartlett (MD) Brady (TX) Clay Hobson Murphy (CT) Sutton Giffords Murphy, Patrick Wexler Barton (TX) Braley (IA) Cleaver Hodes Murphy, Patrick Tancredo Gillibrand Murphy, Tim Wilson (OH) Bean Broun (GA) Clyburn Hoekstra Murphy, Tim Tanner Gohmert Murtha Wittman (VA) Becerra Brown (SC) Coble Holden Murtha Tauscher Gonzalez Nadler Wu Berkley Brown, Corrine Cohen Holt Musgrave Taylor Gordon Napolitano Wynn Berman Brown-Waite, Cole (OK) Honda Myrick Terry Green, Al Neal (MA) Yarmuth Berry Ginny Conyers Hooley Nadler Thompson (CA) Biggert Buchanan Cooper Hoyer Napolitano Thompson (MS) NOT VOTING—16 Bilbray Burgess Costa Hunter Neal (MA) Thornberry Andrews Carson Jones (OH) Bilirakis Buyer Costello Inglis (SC) Neugebauer Tiahrt Burton (IN) Conaway McHenry Bishop (GA) Calvert Courtney Inslee Nunes Tiberi Butterfield Hulshof Bishop (NY) Camp (MI) Cramer Israel Obey Tierney Campbell (CA) Jones (NC) Bishop (UT) Cannon Crenshaw Issa Olver Towns

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.045 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3091 Tsongas Wamp Whitfield (KY) Jackson (IL) Miller, George Sestak Sensenbrenner Sullivan Weldon (FL) Turner Wasserman Wilson (NM) Jackson-Lee Mitchell Shea-Porter Sessions Tancredo Weller Udall (CO) Schultz Wilson (OH) (TX) Mollohan Sherman Shadegg Terry Westmoreland Udall (NM) Waters Wilson (SC) Jefferson Moore (KS) Shuler Shays Thornberry Whitfield (KY) Upton Watson Wittman (VA) Johnson (GA) Moore (WI) Sires Shimkus Tiahrt Wilson (NM) Van Hollen Watt Wolf Johnson, E. B. Moran (VA) Skelton Shuster Tiberi Wilson (SC) ´ Velazquez Waxman Woolsey Kagen Murphy (CT) Slaughter Simpson Turner Wittman (VA) Visclosky Welch (VT) Wu Kanjorski Murphy, Patrick Smith (WA) Smith (NE) Upton Wolf Walberg Weldon (FL) Wynn Smith (NJ) Walberg Kaptur Murtha Snyder Young (AK) Walden (OR) Weller Yarmuth Kennedy Nadler Smith (TX) Walden (OR) Solis Young (FL) Walsh (NY) Westmoreland Young (AK) Kildee Napolitano Souder Walsh (NY) Space Walz (MN) Wexler Young (FL) Kilpatrick Neal (MA) Stearns Wamp Kind Obey Spratt NOT VOTING—24 Klein (FL) Olver Stark NOT VOTING—20 Aderholt Doggett Marshall Kucinich Ortiz Stupak Andrews Conaway McHenry Andrews Feeney McHenry Lampson Pallone Sutton Broun (GA) Davis, Lincoln Oberstar Burton (IN) Hulshof Oberstar Langevin Pascrell Tanner Burton (IN) Hulshof Pryce (OH) Butterfield Jones (NC) Paul Larsen (WA) Pastor Tauscher Butterfield Hunter Rush Campbell (CA) Jones (OH) Pryce (OH) Larson (CT) Payne Taylor Campbell (CA) Jones (NC) Speier Carson Kaptur Rush Lee Perlmutter Thompson (CA) Carson Jones (OH) Weiner Conaway Mahoney (FL) Speier Levin Peterson (MN) Thompson (MS) Clarke McDermott Davis, Lincoln Marchant Weiner Lewis (GA) Pomeroy Tierney Lipinski Price (NC) Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Loebsack Rahall Tsongas The SPEAKER pro tempore (during The SPEAKER pro tempore (during Lofgren, Zoe Rangel Udall (CO) the vote). Two minutes are remaining. the vote). There are 2 minutes remain- Lowey Reyes Udall (NM) Lynch Richardson ing. Van Hollen b 1701 Mahoney (FL) Rodriguez Vela´ zquez Maloney (NY) Ross Visclosky Ms. MCCOLLUM of Minnesota Markey Rothman b 1652 Walz (MN) changed her vote from ‘‘aye’’ to ‘‘no.’’ Marshall Roybal-Allard Wasserman So (two-thirds being in the affirma- Matheson Ruppersberger So the motion to table was agreed to. Schultz tive) the rules were suspended and the Matsui Ryan (OH) The result of the vote was announced Waters Senate bill, as amended, was passed. McCarthy (NY) Salazar as above recorded. McCollum (MN) Sa´ nchez, Linda Watson The result of the vote was announced McGovern T. Watt f as above recorded. McIntyre Sanchez, Loretta Waxman Mrs. EMERSON. Madam Speaker, I McNerney Sarbanes Welch (VT) MOTION TO INSTRUCT CONFEREES Wexler move to reconsider the vote. McNulty Schakowsky ON H.R. 2419, FOOD AND ENERGY Meek (FL) Schiff Wilson (OH) MOTION TO TABLE OFFERED BY MR. HASTINGS Meeks (NY) Schwartz Woolsey SECURITY ACT OF 2007 OF FLORIDA Melancon Scott (GA) Wu The SPEAKER pro tempore. The un- Mr. HASTINGS of Florida. Madam Michaud Scott (VA) Wynn Miller (NC) Serrano Yarmuth finished business is the vote on the mo- Speaker, I move to lay the motion to tion to instruct on H.R. 2419 offered by reconsider on the table. NOES—189 the gentleman from Wisconsin (Mr. The SPEAKER pro tempore. The Aderholt Everett Lungren, Daniel KIND) on which the yeas and nays were question is on the motion to table. Akin Fallin E. ordered. The question was taken; and the Alexander Feeney Mack The Clerk will redesignate the mo- Speaker pro tempore announced that Bachmann Ferguson Manzullo Bachus Flake Marchant tion. the ayes appeared to have it. Barrett (SC) Forbes McCarthy (CA) The Clerk redesignated the motion. RECORDED VOTE Bartlett (MD) Fortenberry McCaul (TX) The SPEAKER pro tempore. The Barton (TX) McCotter Mrs. EMERSON. Madam Speaker, I Fossella question is on the motion to instruct. Biggert Foxx McCrery demand a recorded vote. Bilbray Franks (AZ) McHugh This will be a 5-minute vote. A recorded vote was ordered. Bilirakis Frelinghuysen McKeon The vote was taken by electronic de- Bishop (UT) Gallegly McMorris vice, and there were—yeas 140, nays The SPEAKER pro tempore. This Blackburn Rodgers will be a 5-minute vote. Garrett (NJ) 274, not voting 18, as follows: Blunt Gerlach Mica The vote was taken by electronic de- Boehner Gilchrest Miller (FL) [Roll No. 258] Bonner Miller (MI) vice, and there were—ayes 223, noes 189, Gingrey Bono Mack Miller, Gary YEAS—140 Gohmert not voting 20, as follows: Boozman Moran (KS) Ackerman Eshoo Lofgren, Zoe Goode Boustany Murphy, Tim Allen Fattah Lowey [Roll No. 257] Goodlatte Brady (TX) Musgrave Baird Ferguson Lynch Granger AYES—223 Brown (SC) Myrick Baldwin Flake Markey Graves Abercrombie Chandler Etheridge Brown-Waite, Neugebauer Bean Fortenberry Matheson Hall (TX) Ackerman Clay Farr Ginny Nunes Becerra Fossella McCarthy (NY) Allen Cleaver Fattah Buchanan Hastings (WA) Paul Berkley Frank (MA) McCollum (MN) Altmire Clyburn Filner Burgess Hayes Pearce Berman Frelinghuysen McGovern Arcuri Cohen Foster Buyer Heller Pence Biggert Gerlach McNerney Baca Conyers Frank (MA) Calvert Hensarling Peterson (PA) Bilbray Gilchrest McNulty Baird Cooper Giffords Camp (MI) Herger Petri Bishop (NY) Green, Gene Meeks (NY) Baldwin Costa Gillibrand Cannon Hobson Pickering Blumenauer Hall (NY) Michaud Barrow Costello Gonzalez Cantor Hoekstra Pitts Braley (IA) Harman Mitchell Bean Courtney Gordon Capito Inglis (SC) Platts Brown, Corrine Hastings (FL) Moore (WI) Becerra Cramer Green, Al Carter Issa Poe Cantor Heller Moran (VA) Berkley Crowley Green, Gene Castle Johnson (IL) Porter Capps Hensarling Murphy (CT) Berman Cuellar Grijalva Chabot Johnson, Sam Price (GA) Capuano Higgins Murphy, Patrick Berry Cummings Gutierrez Coble Jordan Putnam Castle Hinchey Nadler Bishop (GA) Davis (AL) Hall (NY) Cole (OK) Keller Radanovich Castor Hirono Neal (MA) Bishop (NY) Davis (CA) Hare Crenshaw King (IA) Ramstad Chandler Hodes Obey Blumenauer Davis (IL) Harman Cubin King (NY) Regula Coble Holt Olver Boren DeFazio Hastings (FL) Culberson Kingston Rehberg Cohen Honda Pallone Boswell DeGette Herseth Sandlin Davis (KY) Kirk Reichert Cooper Inslee Pascrell Boucher Delahunt Higgins Davis, David Kline (MN) Renzi Courtney Israel Payne Boyd (FL) DeLauro Hill Davis, Tom Knollenberg Reynolds Crowley Issa Petri Boyda (KS) Dicks Hinchey Deal (GA) Kuhl (NY) Rogers (AL) Davis (CA) Kind Platts Brady (PA) Dingell Hinojosa Dent LaHood Rogers (KY) Davis (IL) King (NY) Porter Braley (IA) Doggett Hirono Diaz-Balart, L. Lamborn Rogers (MI) Davis, Tom Kirk Price (GA) Brown, Corrine Donnelly Hodes Diaz-Balart, M. Latham Rohrabacher DeFazio Knollenberg Ramstad Capps Doyle Holden Doolittle LaTourette Ros-Lehtinen DeGette Kucinich Reichert Capuano Edwards Holt Drake Latta Roskam Dent Larson (CT) Renzi Cardoza Ellison Honda Dreier Lewis (CA) Royce Dingell Lee Rothman Carnahan Ellsworth Hooley Duncan Lewis (KY) Ryan (WI) Doggett Lewis (GA) Ryan (WI) Carney Emanuel Hoyer Ehlers Linder Sali Ehlers Lipinski Sa´ nchez, Linda Castor Engel Inslee Emerson LoBiondo Saxton Ellison LoBiondo T. Cazayoux Eshoo Israel English (PA) Lucas Schmidt Emanuel Loebsack Sarbanes

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.047 H06MYPT1 jbell on PROD1PC69 with HOUSE H3092 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Saxton Sires Udall (NM) Visclosky Watson Wilson (NM) [Roll No. 259] Schakowsky Slaughter Upton Walberg Watt Wilson (OH) Schiff Smith (NJ) Van Hollen Walden (OR) Welch (VT) Wilson (SC) AYES—221 Schwartz Smith (WA) Waters Walsh (NY) Weldon (FL) Wittman (VA) Abercrombie Green, Al Neal (MA) Scott (VA) Souder Waxman Walz (MN) Weller Wynn Ackerman Green, Gene Obey Sensenbrenner Stark Wolf Wamp Westmoreland Allen Grijalva Olver Serrano Tauscher Woolsey Wasserman Wexler Altmire Hall (NY) Ortiz Sestak Taylor Wu Schultz Whitfield (KY) Arcuri Hare Pallone Shays Tierney Yarmuth NOT VOTING—18 Baca Harman Pascrell Shea-Porter Tsongas Young (AK) Baird Hastings (FL) Pastor Sherman Udall (CO) Young (FL) Andrews Granger Oberstar Baldwin Herseth Sandlin Payne Burton (IN) Hulshof Pryce (OH) Barrow Higgins Perlmutter NAYS—274 Butterfield Jones (NC) Rush Bean Hill Peterson (MN) Campbell (CA) Jones (OH) Speier Becerra Hinchey Abercrombie Farr McMorris Pomeroy Carson McDermott Sullivan Berkley Hinojosa Aderholt Feeney Rodgers Price (NC) Conaway McHenry Weiner Berman Hirono Akin Filner Meek (FL) Rahall Berry Hodes Alexander Forbes Melancon Rangel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bishop (GA) Holden Altmire Foster Mica Reyes Bishop (NY) Holt Arcuri Foxx Miller (FL) The SPEAKER pro tempore (during Richardson Blumenauer Honda Baca Franks (AZ) Miller (MI) the vote). There are 2 minutes remain- Rodriguez Boren Hooley Bachmann Gallegly Miller (NC) Ross ing. Boswell Hoyer Bachus Garrett (NJ) Miller, Gary Rothman Boucher Inslee Barrett (SC) Giffords Miller, George Roybal-Allard Boyd (FL) Israel Barrow Gillibrand Mollohan Ruppersberger b 1709 Boyda (KS) Jackson (IL) Bartlett (MD) Gingrey Moore (KS) Ryan (OH) Brady (PA) Jackson-Lee Barton (TX) Gohmert Moran (KS) Messrs. DAVIS of Illinois, PORTER Salazar Braley (IA) (TX) Berry Gonzalez Murphy, Tim Sa´ nchez, Linda and COHEN changed their vote from Brown, Corrine Jefferson Bilirakis Goode Murtha T. Capps Johnson (GA) Bishop (GA) Goodlatte Musgrave ‘‘nay’’ to ‘‘yea.’’ Sanchez, Loretta Capuano Johnson, E. B. Bishop (UT) Gordon Myrick So the motion to instruct was re- Sarbanes Cardoza Kagen Blackburn Graves Napolitano Schiff jected. Carnahan Kanjorski Blunt Green, Al Neugebauer Schwartz Carney Kaptur Boehner Grijalva Nunes The result of the vote was announced Scott (GA) Castor Kennedy Bonner Gutierrez Ortiz as above recorded. Scott (VA) Cazayoux Kildee Bono Mack Hall (TX) Pastor Serrano Stated for: Chandler Kilpatrick Boozman Hare Paul Sestak Clarke Kind Boren Hastings (WA) Pearce Mr. TIM MURPHY of Pennsylvania. Madam Shea-Porter Clay Klein (FL) Boswell Hayes Pence Speaker, on rollcall No. 258, I inadvertently Sherman Cleaver Kucinich Boucher Herger Perlmutter Shuler voted ‘‘nay.’’ I intended to vote ‘‘yea.’’ Clyburn Lampson Boustany Herseth Sandlin Peterson (MN) Sires Cohen Langevin Boyd (FL) Hill Peterson (PA) PERSONAL EXPLANATION Skelton Conyers Larsen (WA) Boyda (KS) Hinojosa Pickering Slaughter Ms. JONES of Ohio. Madam Speaker, on Cooper Lee Brady (PA) Hobson Pitts Smith (WA) Monday, May 5, 2008, I missed recorded Costa Levin Brady (TX) Hoekstra Poe Snyder Costello Lewis (GA) Broun (GA) Holden Pomeroy votes. Had I been present I would have voted Solis Courtney Lipinski Brown (SC) Hooley Price (NC) as follows: Cramer Loebsack Space Brown-Waite, Hoyer Putnam No. 247, Ryan Motion to Instruct Conferees Crowley Lofgren, Zoe Spratt Ginny Hunter Radanovich Cuellar Lowey Stark Buchanan Inglis (SC) Rahall on H.R. 2419, ‘‘nay.’’ Cummings Lynch Stupak Burgess Jackson (IL) Rangel No. 249, H.R. 3658, To amend the Foreign Davis (AL) Mahoney (FL) Sutton Buyer Jackson-Lee Regula Service Act of 1980 to permit rest and recu- Davis (CA) Maloney (NY) Tanner Calvert (TX) Rehberg Davis (IL) Markey Tauscher Camp (MI) Jefferson Reyes peration travel to United States territories for Davis, Lincoln Marshall Taylor Cannon Johnson (GA) Reynolds members of the Foreign Service, ‘‘yea.’’ DeFazio Matheson Thompson (CA) Capito Johnson (IL) Richardson No. 251, H. Con. Res. 317, Condemning the DeGette Matsui Thompson (MS) Cardoza Johnson, E. B. Rodriguez Delahunt McCarthy (NY) Tierney Carnahan Johnson, Sam Rogers (AL) Burmese regime’s undemocratic constitution DeLauro McCollum (MN) Towns Carney Jordan Rogers (KY) and scheduled referendum, ‘‘aye.’’ Dicks McGovern Tsongas Carter Kagen Rogers (MI) No. 253, H. Res. 1109, Honoring the mem- Dingell McIntyre Udall (CO) Cazayoux Kanjorski Rohrabacher Doggett McNerney Udall (NM) Chabot Kaptur Ros-Lehtinen ory of Dith Pran by remembering his life’s Donnelly McNulty Van Hollen Clarke Keller Roskam work and continuing to acknowledge and re- Edwards Meek (FL) Vela´ zquez Clay Kennedy Ross member the victims of genocides that have Ellison Meeks (NY) Visclosky Cleaver Kildee Roybal-Allard taken place around the globe, ‘‘aye.’’ Ellsworth Melancon Walz (MN) Clyburn Kilpatrick Royce Emanuel Michaud Wasserman Cole (OK) King (IA) Ruppersberger No. 256, S. 2929, A bill to temporarily ex- Engel Miller (NC) Schultz Conyers Kingston Ryan (OH) tend the programs under the Higher Education Eshoo Miller, George Waters Costa Klein (FL) Salazar Act of 1965, ‘‘aye.’’ Etheridge Mitchell Watson Costello Kline (MN) Sali Farr Mollohan Watt Cramer Kuhl (NY) Sanchez, Loretta No. 258, Kind Motion to Instruct Conferees Fattah Moore (KS) Waxman Crenshaw LaHood Schmidt on H.R. 2419, ‘‘nay.’’ Filner Moore (WI) Welch (VT) Cubin Lamborn Scott (GA) Mr. LATHAM. Madam Speaker, I Foster Moran (VA) Wexler Cuellar Lampson Sessions Frank (MA) Murphy (CT) Wilson (OH) Culberson Langevin Shadegg move to reconsider the vote. Giffords Murphy, Patrick Woolsey Cummings Larsen (WA) Shimkus MOTION TO TABLE OFFERED BY MR. HASTINGS Gillibrand Murtha Wu Davis (AL) Latham Shuler OF FLORIDA Gonzalez Nadler Wynn Davis (KY) LaTourette Shuster Gordon Napolitano Yarmuth Davis, David Latta Simpson Mr. HASTINGS of Florida. Madam Davis, Lincoln Levin Skelton Speaker, I move to lay the motion to NOES—192 Deal (GA) Lewis (CA) Smith (NE) reconsider on the table. Delahunt Lewis (KY) Smith (TX) Aderholt Brady (TX) Cubin DeLauro Linder Snyder The SPEAKER pro tempore. The Akin Broun (GA) Culberson Diaz-Balart, L. Lucas Solis question is on the motion to table. Alexander Brown (SC) Davis (KY) Diaz-Balart, M. Lungren, Daniel Space The question was taken; and the Bachmann Brown-Waite, Davis, David Dicks E. Spratt Bachus Ginny Davis, Tom Donnelly Mack Stearns Speaker pro tempore announced that Barrett (SC) Buchanan Deal (GA) Doolittle Mahoney (FL) Stupak the noes appeared to have it. Bartlett (MD) Burgess Dent Doyle Maloney (NY) Sutton RECORDED VOTE Barton (TX) Buyer Diaz-Balart, L. Drake Manzullo Tancredo Biggert Calvert Diaz-Balart, M. Dreier Marchant Tanner Mr. HASTINGS of Florida. Madam Bilbray Camp (MI) Doolittle Duncan Marshall Terry Speaker, I demand a recorded vote. Bilirakis Cannon Doyle Edwards Matsui Thompson (CA) A recorded vote was ordered. Bishop (UT) Cantor Drake Ellsworth McCarthy (CA) Thompson (MS) Blackburn Capito Dreier Emerson McCaul (TX) Thornberry The SPEAKER pro tempore. This Blunt Carter Duncan Engel McCotter Tiahrt will be a 5-minute vote. Boehner Castle Ehlers English (PA) McCrery Tiberi The vote was taken by electronic de- Bonner Chabot Emerson Etheridge McHugh Towns Bono Mack Coble English (PA) Everett McIntyre Turner vice, and there were—ayes 221, noes 192, Boozman Cole (OK) Everett Fallin McKeon Vela´ zquez not voting 19, as follows: Boustany Crenshaw Fallin

VerDate Aug 31 2005 03:42 May 07, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.046 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3093 Feeney Lewis (CA) Reynolds Blunt Hall (TX) Pickering McGovern Poe Solis Ferguson Lewis (KY) Rogers (AL) Boehner Hastings (WA) Pitts McHugh Pomeroy Space Flake Linder Rogers (KY) Bonner Hayes Price (GA) McIntyre Porter Spratt Forbes LoBiondo Rogers (MI) Bono Mack Heller Putnam McNerney Rahall Stark Fortenberry Lucas Rohrabacher Boozman Herger Radanovich McNulty Ramstad Stupak Fossella Lungren, Daniel Ros-Lehtinen Boustany Hobson Regula Meek (FL) Rangel Sutton Foxx E. Roskam Brady (TX) Hoekstra Rehberg Meeks (NY) Reyes Tancredo Franks (AZ) Mack Royce Broun (GA) Hunter Reichert Melancon Richardson Tanner Frelinghuysen Manzullo Ryan (WI) Mica Rodriguez Tauscher Buyer Inglis (SC) Renzi Gallegly Marchant Sali Calvert Issa Michaud Rogers (MI) Terry Reynolds Garrett (NJ) McCarthy (CA) Saxton Camp (MI) Johnson (IL) Miller (NC) Ros-Lehtinen Thompson (CA) Rogers (AL) Gerlach McCaul (TX) Schmidt Cannon Johnson, Sam Miller, George Ross Thompson (MS) Gilchrest McCotter Sensenbrenner Cantor Keller Rogers (KY) Mitchell Rothman Tiahrt Gingrey McCrery Sessions Capito King (IA) Rohrabacher Mollohan Roybal-Allard Tierney Gohmert McHugh Shadegg Carter King (NY) Roskam Moore (KS) Ruppersberger Towns Goode McKeon Shays Chabot Kline (MN) Royce Moore (WI) Ryan (OH) Tsongas Goodlatte McMorris Shimkus Cole (OK) Knollenberg Ryan (WI) Moran (KS) Salazar Udall (CO) Granger Rodgers Shuster Crenshaw LaHood Schmidt Moran (VA) Sali Udall (NM) Graves Mica Simpson Cubin Lamborn Sensenbrenner Murphy (CT) Sa´ nchez, Linda Van Hollen Hall (TX) Miller (FL) Smith (NE) Culberson Latham Sessions Murphy, Patrick T. Vela´ zquez Hastings (WA) Miller (MI) Smith (NJ) Davis, David LaTourette Shadegg Murphy, Tim Sanchez, Loretta Visclosky Hayes Miller, Gary Smith (TX) Davis, Tom Latta Shays Murtha Sarbanes Walberg Heller Moran (KS) Souder Deal (GA) Lewis (CA) Shimkus Nadler Saxton Walz (MN) Hensarling Murphy, Tim Stearns Diaz-Balart, L. Lewis (KY) Shuster Napolitano Schiff Wamp Herger Musgrave Sullivan Diaz-Balart, M. Lucas Simpson Neal (MA) Schwartz Wasserman Hobson Myrick Tancredo Doolittle Lungren, Daniel Smith (NE) Obey Scott (GA) Schultz Hoekstra Neugebauer Terry Drake E. Smith (NJ) Olver Scott (VA) Watson Hunter Nunes Thornberry Dreier Mack Smith (TX) Ortiz Serrano Watt Inglis (SC) Paul Tiahrt Duncan Marchant Souder Pallone Shea-Porter Weldon (FL) Issa Pearce Tiberi Emerson McCarthy (CA) Stearns Pascrell Sherman Wexler Johnson (IL) Pence Turner English (PA) McCaul (TX) Taylor Pastor Shuler Wilson (OH) Johnson, Sam Peterson (PA) Upton Payne Sires Woolsey Everett McCrery Thornberry Jordan Petri Walberg Fallin McKeon Perlmutter Skelton Wu Tiberi Keller Pickering Walden (OR) Feeney McMorris Peterson (MN) Slaughter Wynn Turner King (IA) Pitts Walsh (NY) Ferguson Rodgers Platts Snyder Yarmuth King (NY) Platts Wamp Upton Flake Miller (FL) NOT VOTING—32 Kingston Poe Weldon (FL) Forbes Miller (MI) Walden (OR) Kirk Porter Weller Franks (AZ) Miller, Gary Walsh (NY) Andrews Hulshof Rush Kline (MN) Price (GA) Westmoreland Frelinghuysen Musgrave Weller Baldwin Jones (NC) Schakowsky Knollenberg Putnam Whitfield (KY) Gallegly Myrick Westmoreland Boyd (FL) Jones (OH) Sestak Kuhl (NY) Radanovich Wilson (NM) Garrett (NJ) Neugebauer Whitfield (KY) Burton (IN) Kagen Smith (WA) LaHood Ramstad Wilson (SC) Gingrey Nunes Wilson (NM) Butterfield Linder Speier Lamborn Regula Wittman (VA) Goode Paul Wilson (SC) Campbell (CA) Lofgren, Zoe Sullivan Wittman (VA) Latham Rehberg Wolf Goodlatte Pearce Carson McDermott Waters Wolf LaTourette Reichert Young (AK) Gordon Pence Conaway McHenry Waxman Latta Renzi Young (FL) Young (AK) Hall (NY) Oberstar Granger Peterson (PA) Weiner Graves Petri Young (FL) Hensarling Price (NC) Welch (VT) NOT VOTING—19 Holden Pryce (OH) Andrews Hulshof Pryce (OH) NOES—251 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Jones (NC) Rush Abercrombie Crowley Hinchey Butterfield Jones (OH) Schakowsky The SPEAKER pro tempore (during Ackerman Campbell (CA) Larson (CT) Cuellar Hinojosa Speier Allen the vote). Two minutes are remaining Carson McDermott Cummings Hirono Weiner Altmire in this vote. Conaway McHenry Davis (AL) Hodes Arcuri Gutierrez Oberstar Davis (CA) Holt Baca Davis (IL) Honda b 1733 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Baird Davis (KY) Hooley So the motion to adjourn was re- Barrow Davis, Lincoln Hoyer jected. The SPEAKER pro tempore (during Bean DeFazio Inslee the vote). There are 2 minutes remain- Becerra DeGette Israel The result of the vote was announced ing in this vote. Berkley Delahunt Jackson (IL) as above recorded. Berman DeLauro Jackson-Lee f b 1716 Berry Dent (TX) Bilirakis Dicks Jefferson FACILITATING PRESERVATION OF Mr. DELAHUNT changed his vote Bishop (GA) Dingell Johnson (GA) CERTAIN AFFORDABLE HOUSING Bishop (NY) Doggett Johnson, E. B. from ‘‘no’’ to ‘‘aye.’’ DWELLING UNITS So the motion to table was agreed to. Blumenauer Donnelly Jordan Boren Doyle Kanjorski Mr. MEEKS of New York. Madam The result of the vote was announced Boswell Edwards Kaptur as above recorded. Boucher Ehlers Kennedy Speaker, I move to suspend the rules Boyda (KS) Ellison Kildee and pass the bill (H.R. 5937) to facili- f Brady (PA) Ellsworth Kilpatrick tate the preservation of certain afford- Braley (IA) Emanuel Kind MOTION TO ADJOURN Brown (SC) Engel Kingston able housing dwelling units. Brown, Corrine Eshoo Kirk The Clerk read the title of the bill. Mr. SIMPSON. Madam Speaker, I Brown-Waite, Etheridge Klein (FL) The text of the bill is as follows: move that the House do now adjourn. Ginny Farr Kucinich H.R. 5937 The SPEAKER pro tempore. The Buchanan Fattah Kuhl (NY) Burgess Filner Lampson Be it enacted by the Senate and House of Rep- question is on the motion to adjourn. Capps Fortenberry Langevin resentatives of the United States of America in The question was taken; and the Capuano Fossella Larsen (WA) Congress assembled, Speaker pro tempore announced that Cardoza Foster Larson (CT) SECTION 1. PRESERVATION OF CERTAIN AF- the noes appeared to have it. Carnahan Foxx Lee FORDABLE HOUSING DWELLING Carney Frank (MA) Levin UNITS. RECORDED VOTE Castle Gerlach Lewis (GA) (a) CONVERSION OF HUD CONTRACTS.—Not- Mr. SIMPSON. Madam Speaker, I de- Castor Giffords Lipinski withstanding any other provision of law, the Cazayoux Gilchrest LoBiondo Secretary of Housing and Urban Develop- mand a recorded vote. Chandler Gillibrand Loebsack A recorded vote was ordered. Clarke Gohmert Lowey ment may, at the request of the owner of the The vote was taken by electronic de- Clay Gonzalez Lynch multifamily housing project to which Sec- vice, and there were—ayes 149, noes 251, Cleaver Green, Al Mahoney (FL) tion 8 Project Number NY 913 VO 0018 and Clyburn Green, Gene Maloney (NY) not voting 32, as follows: RAP Contract Number 012035NIRAP are sub- Coble Grijalva Manzullo ject, convert such contracts to a contract for [Roll No. 260] Cohen Gutierrez Markey project-based rental assistance under section Conyers Hare Marshall 8 of the United States Housing Act of 1937 (42 AYES—149 Cooper Harman Matheson Aderholt Bachus Biggert Costa Hastings (FL) Matsui U.S.C. 1437f). Akin Barrett (SC) Bilbray Costello Herseth Sandlin McCarthy (NY) (b) INITIAL RENEWAL.— Alexander Bartlett (MD) Bishop (UT) Courtney Higgins McCollum (MN) (1) ELIGIBILITY.—At the request of the Bachmann Barton (TX) Blackburn Cramer Hill McCotter owner made no later than 90 days prior to a

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.063 H06MYPT1 jbell on PROD1PC69 with HOUSE H3094 CONGRESSIONAL RECORD — HOUSE May 6, 2008 conversion, the Secretary may, to the extent The Chair recognizes the gentleman contracts will remain eligible for as- sufficient amounts are made available in ap- from New York. sistance under the new project-based propriation Acts and notwithstanding any GENERAL LEAVE section 8 contracts. If this bill is en- other law, treat the contemplated resulting acted, 5,881 affordable housing units contract as if such contract were eligible for Mr. MEEKS of New York. Madam initial renewal under section 524(a) of the Speaker, I ask unanimous consent that will be preserved for 14,000 residents. Multifamily Assisted Housing Reform and all Members may have 5 legislative This bill will not result in any addi- Affordability Act of 1997 (42 U.S.C. 1437f days within which to revise and extend tional cost to the Federal Government. note). their remarks on this legislation and In fact, by preserving existing housing, (2) REQUEST.—A request by the owner pur- to insert extraneous material thereon. this bill could result in cost savings. suant to paragraph (1) shall be upon such The SPEAKER pro tempore. Is there The owners of Starrett City are in terms and conditions as the Secretary may objection to the request of the gen- favor of this legislation, in addition to require. tleman from New York? the State of New York and the resi- (c) RESULTING CONTRACT.—The resulting dents of Starrett City. contract shall— There was no objection. (1) be subject to section 524(a) of MAHRA Mr. MEEKS of New York. Madam I urge my colleagues to join me in (42 U.S.C. 1437f note); Speaker, I yield myself 2 minutes. support of this important piece of leg- (2) be considered for all purposes a contract Access to affordable housing is one of islation. that has been renewed under section 524(a) of the most serious challenges facing our I reserve the balance of my time. MAHRA (42 U.S.C. 1437f note) for a term not Nation today. Working families are ex- Mr. MEEKS of New York. Madam to exceed 20 years; periencing the most trying economic Speaker, at this time I would like to (3) be subsequently renewable at the re- downturn in nearly 25 years. Rising yield 5 minutes to my dear friend and quest of the owner, under any renewal option costs in food, household necessities, colleague and the author of this criti- for which the project is eligible under cally important bill, the Honorable MAHRA (42 U.S.C. 1437f note); utilities, along with stagnating wages (4) contain provisions limiting distribu- and daily increases in the price of gaso- Congressman ED TOWNS, who has been tions, as the Secretary determines appro- line are wreaking havoc upon the lives a leader during his tenure in Congress priate, not to exceed 10 percent of the initial of hardworking American men and on providing access to affordable hous- investment of the owner; women. ing. (5) be subject to the availability of suffi- The precipitous increases in mort- Mr. TOWNS. Madam Speaker, I cient amounts in appropriation Acts; and gage delinquencies and foreclosures thank my friend for yielding time to (6) be subject to such other terms and con- have caused record numbers of Ameri- me, and I appreciate his help on this ditions as the Secretary considers appro- cans to lose their homes. This crisis bill. I think it is an important piece of priate. has been exacerbated by the unprece- legislation. (d) INCOME TARGETING.—The owner shall be dented numbers of people being wait- I also thank Congresswoman NYDIA deemed to be in compliance with all income- ´ targeting requirements under the United listed for public housing which has VELAZQUEZ. I guess I better also thank States Housing Act of 1937 by serving low-in- grown significantly. the chairman of the committee, BAR- come families, as such term is defined in the The lack of affordable housing im- NEY FRANK, who also worked very hard section 3(b)(2) of such Act (42 U.S.C. pacts every region of this Nation. My on this, and the chairperson of the 1437a(b)(2)). colleagues and I have been fighting to committee, MAXINE WATERS, on their (e) TENANT ELIGIBILITY.—Notwithstanding ensure access to affordable housing in assistance in getting us to this point. any other provision of law, each family re- New York and throughout the country. Access to affordable housing is a seri- siding in an assisted dwelling unit on the Among my chief responsibilities to the ous problem across America, particu- date of the conversion under this section, subject to the resulting contract under sub- constituents of New York’s Sixth Con- larly with the weakening economy and section (a), shall be considered to meet the gressional District is to work to help rising gas, utility and food costs. applicable requirements for income eligi- provide affordable housing. With a rise in mortgage foreclosures bility and occupancy. For those reasons, my friend, Con- leading to people losing their homes (f) DEFINITIONS.—As used in this section— gressman ED TOWNS, along with my and unprecedented waiting lists for (1) the term ‘‘assisted dwelling unit’’ friends and colleagues, Representatives public housing—and the list gets longer means the dwelling units that, on the date of PETER KING, BARNEY FRANK, MAXINE and longer and longer—the ability to the conversion under this section, were sub- WATERS and NYDIA VELA´ ZQUEZ intro- find affordable housing is crucial. ject to Section 8 Project Number NY 913 VO duced H.R. 5937 which will facilitate Every time I go back to my district, 0018 or RAP Contract Number 012035NIRAP; (2) the term ‘‘conversion’’ means the ac- the preservation of affordable housing this is the subject that comes up: What tion under which Section 8 Project Number units. can we do about finding an affordable NY 913 VO 0018 and RAP Contract Number Madam Speaker, at this time I re- apartment? 012035NIRAP become a contract for project- serve the balance of my time. Along with my colleagues in New based rental assistance under section 8 of the Mr. CASTLE. Madam Speaker, I York, I have been working to ensure United States Housing Act of 1937 (42 U.S.C. yield myself 4 minutes. access to affordable housing through- 1437f) pursuant to subsection (a); Madam Speaker, today I rise in sup- out my tenure in the United States (3) the term ‘‘MAHRA’’ means the Multi- port of H.R. 5937, a bill to preserve the Congress. But as neighborhoods devel- family Assisted Housing Reform and Afford- affordability of the Starrett City developed, residents have been priced out of ability Act of 1997 (42 U.S.C. 1437f note); (4) the term ‘‘owner’’ means Starrett City opment, the largest federally sub- their homes and neighborhoods. And Associates or any successor owner of the sidized housing project in the country. more and more, this is a cry coming multifamily housing project to which Sec- This bill is a bipartisan effort with our from across the land. tion 8 Project Number NY 913 VO 0018 and colleagues from the New York delega- For these reasons, along with my col- RAP Contract Number 012035NIRAP are sub- tion in the House, as well as Senator leagues Congressman KING, Congress- ject; SCHUMER, to maintain affordable hous- man FRANK, Congresswoman WATERS, (5) the term ‘‘resulting contract’’ means ing in one of the most unaffordable cit- and Congresswoman VELA´ ZQUEZ, we in- the new contract after a conversion of Sec- ies, New York City. troduced H.R. 5937 which will facilitate tion 8 Project Number NY 913 VO 0018 and RAP Contract Number 012035NIRAP to a con- The current owners of Starrett City the preservation of affordable housing tract for project-based rental assistance intend to sell the project. This legisla- units. under section 8 of the United States Housing tion will ensure that Starrett City re- This bill will convert HUD contracts Act of 1937 (42 U.S.C. 1437f) pursuant to sub- mains an affordable housing resource into a new 20-year housing assistance section (a); and for Brooklyn residents when the sale is payment contract under the Multi- (6) the term ‘‘Secretary’’ means the Sec- completed. H.R. 5937 allows HUD, per family Housing Restructuring and Af- retary of Housing and Urban Development. the request of the project’s private fordability Act of 1997. Conversion of The SPEAKER pro tempore. Pursu- owners, to convert the project’s section these HUD contracts will allow pur- ant to the rule, the gentleman from 8 and rental assistance payments con- chasers of certain affordable housing New York (Mr. MEEKS) and the gen- tract into project-based section 8 con- developments to secure the long-term tleman from Delaware (Mr. CASTLE) tracts. All existing tenants receiving financing necessary to purchase the each will control 20 minutes. housing assistance under the existing property.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.010 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3095 By making these properties afford- Mr. MEEKS of New York. Madam tion that will keep people in their able to the owners, they can in turn Speaker, I now yield 3 minutes to the homes, affordable homes. keep the housing affordable for the ten- gentlelady from the great State of New Mr. MEEKS of New York. Madam ants. I hope that you will join us today York who is also the Chair of the Speaker, I am now happy to yield 3 in voting ‘‘yes’’ on H.R. 5937 to help House Subcommittee on Financial In- minutes to a new Member of the Con- preserve affordable housing. stitutions, the Honorable CAROLYN gress who says that she is in her sopho- And let me just say to my good MALONEY. more year in her freshman term, the friends throughout this body that there Mrs. MALONEY of New York. I Honorable YVETTE CLARKE. is no additional cost. I think what we thank the gentleman for yielding, and Ms. CLARKE. Madam Speaker, to the are doing here is being creative and thank him for his leadership on this manager of this bill, Congressman making it possible that people who are important legislation and for the city MEEKS, and to the sponsors of this bill, having difficulty will be able to have of New York in general. my colleagues, Congressman TOWNS, apartments. I think that during this Madam Speaker, I rise in strong sup- Congressman FRANK, Congressman difficult time of foreclosures and the port of this legislation that will help KING, Congresswoman VELA´ ZQUEZ, and problems we are having, I think this preserve affordable housing units. I Congresswoman WATERS, I want to say legislation is crucial. I want to thank commend my colleagues from Brook- thank you so much for having the vi- my colleagues for supporting this. lyn, Congressman TOWNS and Congress- sion and the foresight to work across Mr. CASTLE. Madam Speaker, at woman VELA´ ZQUEZ, for their leadership the aisle to do a great service to not this time I yield back the balance of in drafting this legislation, and I thank only the people of the city of New my time and urge support from all my colleagues on the Committee on Fi- York, but to this Nation. Members for this legislation. nancial Services, especially Congress- Starrett City is the last bastion of Mr. MEEKS of New York. Madam woman WATERS who is Chair of the federally subsidized housing develop- Speaker, I yield 3 minutes to the gen- Subcommittee on Housing, and also ments of this nature in this Nation. tlewoman from New York (Ms. Chairman FRANK for bringing this im- And as we look at the challenge that it VELA´ ZQUEZ) who is a member of this portant bill to the floor today. faces today, we are looking at a crisis head-on for affordable housing around committee and the chairwoman of the b 1745 this Nation. Small Business Committee. When passed, this legislation would Ms. VELA´ ZQUEZ. Madam Speaker, Our willingness to come together in authorize the Secretary of Housing and the 11th hour to put a remedy in place let me first commend Chairman FRANK, Urban Development, upon the request speaks to our resilience and our ability Chairwoman WATERS, Mr. TOWNS, and of the owner of a multi-family housing to address challenges that we face in Mr. KING for their leadership in moving project, to convert their contract to a the 21st century. And as these concerns this necessary legislation forward. section 8, project-based rental assist- grow greater and greater and the hous- I proudly support H.R. 5937 because it ance contract. This would have an im- ing crisis gets more and more in depth, addresses the need for affordable hous- mediate impact on Starrett City, the with millions of moderate and low in- ing for thousands of families in Brook- Starrett City housing complex in come families in peril’s way, today’s lyn. Across our country, low and mod- Brooklyn, New York, which is cur- legislation, H.R. 5937, says that this erate-income working families are in- rently serving 14,000 New Yorkers in af- Congress is willing to stand up and do creasingly finding adequate housing to fordable housing units. something, and that we’ve been sent be out of reach. No place is this dis- Starrett City is the largest affordable here to solve the problems that our parity more apparent than in New housing complex in our country, and communities are facing today. York City where one out of every four this legislation is innovative, it is I want to congratulate Congressman families spends over 50 percent of their helpful, it is collaborative, and it is bi- CASTLE for standing forward today in a income on rent. New Yorkers in many partisan. And I thank my colleague, bipartisan way. It may seem to some ways face the most difficult housing Mr. CASTLE, for his leadership on the that this is just a piece of legislation market. other side of the aisle. that will impact New York, but when Starrett City is the largest federally Starrett City was opened in 1974, and we stand up for New York and Starrett subsidized rental complex in the coun- recently there have been efforts to sell City and Spring Creek, we’re standing try with 5,800 units and 14,000 residents. the complex and potentially leave up for all Americans who are facing Eliminating these units will leave these affordable housing units and have such peril. thousands of families stranded and set them sold and re-priced to reflect the Mr. MEEKS of New York. Madam a dangerous precedent. current market value. By selling these Speaker, I yield myself as much time H.R. 5937 represents an agreement be- units, you would put at risk affordable as I may consume. tween government agencies and the housing for all of the 14,000 residents Let me just say, in conclusion, owners of Starrett City to keep the de- that are living there. It would endan- Madam Speaker, that what this bill velopment affordable. This is a care- ger their ability to continue as resi- does, and what we’re talking about fully crafted deal that ensures the dents living in Starrett City, and I around the Nation, in a time of eco- long-term vibrancy of a Brooklyn insti- would say, I don’t know where they nomic crisis, at a time when people are tution. would go. In New York City there is wondering, many, how they could af- Starrett City is a strong, hard- such a housing crisis and we have no ford or what kind of apartments or working community. The restaurant affordable housing left. This legislation homes they can afford, this bill is try- workers, hotel employees, and seniors would help preserve these affordable ing to assure that all Americans can who live there are part of Brooklyn’s units for at least the next 20 years. indeed have a decent roof over their very fabric. If New York loses Starrett All of us know that we are facing head, that all Americans will under- City, we all lose a unique chance to foreclosures across this country. We stand and have the opportunity to real- preserve this valuable community and are talking about programs to have ly live the American dream. And that’s set a precedent for generations to grants, to have negotiations, to have what makes us such a great country. come. support, to keep people in their homes. And by this Congress stepping up to Starrett City is the symptom of a We have before us today creative legis- the plate, as it is, making sure that much larger problem in New York City lation that the owner supports, that those who may not have as much and across our Nation. We have an af- the city supports, and hopefully this money as others, but yet still can live fordability problem that requires im- Congress supports, that could save in this great country, and can live in a mediate action. Today, we are taking a 14,000 homes for New Yorkers and keep facility such as Starrett City, which is step in the right direction. By saving them in affordable housing. clean, decent, affordable housing, says one Brooklyn development, we lay the I congratulate my colleague, Mr. that we care about all of our people groundwork for affordable housing TOWNS, and everyone else who has throughout these United States of preservation in the future. worked so hard to make this happen. America. I urge a ‘‘yes’’ vote on this legisla- I urge all of my colleagues to support And so I think it was ingenious, by tion. this tremendously important legisla- the authors of this bill, led by Mr.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.088 H06MYPT1 jbell on PROD1PC69 with HOUSE H3096 CONGRESSIONAL RECORD — HOUSE May 6, 2008 TOWNS, along with Mr. KING, in a bipar- Paul Rohrabacher Taylor Wexler Wilson (SC) Wu Pearce Roskam Thornberry Wilson (OH) Woolsey Yarmuth tisan manner say that we’re going to Pence Royce Tiberi NOT VOTING—46 speak up and we’re going to stand up, Petri Ryan (WI) Turner both Democrats and Republicans, that Pickering Schmidt Upton Andrews DeLauro Rush we’re going to stand on the interests of Pitts Scott (GA) Walden (OR) Baca Doolittle Sali Boehner Doyle making sure that there’s affordable Price (GA) Sensenbrenner Walsh (NY) Schakowsky Putnam Sessions Wamp Braley (IA) Hinchey Shimkus Brown-Waite, Holden housing for those who need it. And Radanovich Shadegg Weller Shuster Regula Shays Ginny Hulshof that’s what this bill does. Westmoreland Speier Rehberg Simpson Burton (IN) Jones (NC) Madam Speaker, I yield back the bal- Wilson (NM) Tiahrt Reichert Smith (NE) Butterfield Jones (OH) Udall (CO) ance of my time. Wittman (VA) Campbell (CA) Linder Reynolds Smith (TX) Udall (NM) Rogers (AL) Souder Wolf Capuano McHenry The SPEAKER pro tempore. The Vela´ zquez Rogers (KY) Stearns Young (FL) Carson Oberstar question is on the motion offered by Weiner Conaway Peterson (PA) Weldon (FL) the gentleman from New York (Mr. NOES—248 Conyers Pryce (OH) MEEKS) that the House suspend the Cummings Rangel Whitfield (KY) rules and pass the bill, H.R. 5937. Abercrombie Graves Moran (KS) Davis, Lincoln Renzi Wynn Ackerman Green, Al Moran (VA) Delahunt Reyes Young (AK) The question was taken. Allen Green, Gene Murphy (CT) The SPEAKER pro tempore. In the Altmire Grijalva Murphy, Patrick b 1823 opinion of the Chair, two-thirds being Arcuri Gutierrez Murphy, Tim Bachmann Hall (NY) Murtha Messrs. POE, CLEAVER and ACKER- in the affirmative, the ayes have it. Baird Hall (TX) Nadler MAN changed their vote from ‘‘aye’’ to Mr. CULBERSON. Madam Speaker, I Baldwin Hare Napolitano ‘‘no.’’ object to the vote on the ground that a Barrow Harman Neal (MA) So the motion to adjourn was re- quorum is not present and make the Bean Hastings (FL) Obey jected. Becerra Herseth Sandlin Olver point of order that a quorum is not Berkley Higgins Ortiz The result of the vote was announced present. Berman Hill Pallone as above recorded. The SPEAKER pro tempore. Pursu- Berry Hinojosa Pascrell Bilirakis Hirono f ant to clause 8 of rule XX and the Pastor Bishop (GA) Hodes Payne COIN MODERNIZATION AND Chair’s prior announcement, further Bishop (NY) Holt Perlmutter TAXPAYER SAVINGS ACT OF 2008 proceedings on this motion will be Blumenauer Honda Peterson (MN) postponed. Boren Hooley Platts Mr. GUTIERREZ. Madam Speaker, I Boswell Hoyer Poe move to suspend the rules and pass the The point of no quorum is considered Boucher Inslee Pomeroy bill (H.R. 5512) to authorize the Sec- withdrawn. Boyd (FL) Israel Porter Boyda (KS) Jackson (IL) Price (NC) retary of the Treasury to prescribe the f Brady (PA) Jackson-Lee Rahall weights and the compositions of circu- Brady (TX) (TX) Ramstad lating coins, and for other purposes, as Brown (SC) Jefferson Richardson MOTION TO ADJOURN Brown, Corrine Johnson (GA) amended. Rodriguez The Clerk read the title of the bill. Mr. CULBERSON. Madam Speaker, I Buchanan Johnson, E. B. Rogers (MI) Burgess Jordan The text of the bill is as follows: move that the House do now adjourn. Ros-Lehtinen Buyer Kagen Ross H.R. 5512 Capito Kanjorski The SPEAKER pro tempore. The Rothman Capps Kaptur Be it enacted by the Senate and House of Rep- question is on the motion to adjourn Roybal-Allard Cardoza Kennedy resentatives of the United States of America in Ruppersberger offered by the gentleman from Texas. Carnahan Kildee Congress assembled, Ryan (OH) The question was taken; and the Carney Kilpatrick Salazar SECTION 1. SHORT TITLE. Castor Kind Speaker pro tempore announced that Sa´ nchez, Linda This Act may be cited as the ‘‘Coin Mod- Cazayoux Kingston the noes appeared to have it. T. ernization and Taxpayer Savings Act of Chandler Kirk Sanchez, Loretta 2008’’. RECORDED VOTE Clarke Klein (FL) Sarbanes Clay Kucinich SEC. 2. FINDINGS. Mr. CULBERSON. Madam Speaker, I Saxton Cleaver Kuhl (NY) The Congress finds as follows: Schiff demand a recorded vote. Clyburn Lampson (1) International demand along with mar- Schwartz A recorded vote was ordered. Coble Langevin ket speculation for commodity metals has, Cohen Larsen (WA) Scott (VA) The vote was taken by electronic de- Serrano over the past several years, increased the vice, and there were—ayes 138, noes 248, Cooper Larson (CT) cost of producing circulating coins in the Costa Lee Sestak not voting 46, as follows: Costello Levin Shea-Porter United States. [Roll No. 261] Courtney Lewis (GA) Sherman (2) In a July 30, 2007, letter to the Congress, Cramer Lipinski Shuler the Secretary of the Treasury, with support AYES—138 Crowley LoBiondo Sires of the Administration’s Office of Manage- Aderholt Diaz-Balart, L. Issa Cuellar Loebsack Skelton ment and Budget, requested that legislation Akin Diaz-Balart, M. Johnson (IL) Davis (AL) Lofgren, Zoe Slaughter Smith (NJ) be put forward to authorize the Secretary of Alexander Doggett Johnson, Sam Davis (CA) Lowey the Treasury to make changes to the com- Bachus Drake Keller Davis (IL) Lynch Smith (WA) Barrett (SC) Dreier King (IA) DeFazio Mahoney (FL) Snyder position of circulating coins. Bartlett (MD) Duncan King (NY) DeGette Maloney (NY) Solis (3) The United States Mint has studied al- Barton (TX) Emerson Kline (MN) Dent Manzullo Space ternative metals for use in circulating coins, Biggert English (PA) Knollenberg Dicks Markey Spratt as noticed in its 2004 annual report. Bilbray Everett LaHood Dingell Marshall Stark (4) In 1943, the United States Mint pro- Bishop (UT) Fallin Lamborn Donnelly Matheson Stupak duced zinc-coated steel pennies in response Sullivan Blackburn Feeney Latham Edwards Matsui to war-time demands for copper. Blunt Ferguson LaTourette Ehlers McCarthy (NY) Sutton Bonner Flake Latta Ellison McCollum (MN) Tancredo (5) The United States Mint gained further Bono Mack Forbes Lewis (CA) Ellsworth McCotter Tanner experience changing the metal content of Boozman Franks (AZ) Lewis (KY) Emanuel McDermott Tauscher pennies in 1982, when it began producing cop- Boustany Frelinghuysen Lucas Engel McGovern Terry per-coated zinc pennies as a result of rising Broun (GA) Gallegly Lungren, Daniel Eshoo McHugh Thompson (CA) copper prices. Calvert Garrett (NJ) E. Etheridge McIntyre Thompson (MS) (6) The Royal Canadian Mint has produced Camp (MI) Gingrey Mack Farr McNerney Tierney for several years a copper-coated steel 1-cent Cannon Goode Marchant Fattah McNulty Towns Cantor Goodlatte McCarthy (CA) Filner Meek (FL) Tsongas coin that is similar to the United States Carter Gordon McCaul (TX) Fortenberry Meeks (NY) Van Hollen penny at a significantly lower cost than the Castle Granger McCrery Fossella Melancon Visclosky cost to produce the United States penny. Chabot Hastings (WA) McKeon Foster Mica Walberg (7) Given the current cost to make a penny Cole (OK) Hayes McMorris Foxx Michaud Walz (MN) and volume of pennies minted, by simply re- Crenshaw Heller Rodgers Frank (MA) Miller (MI) Wasserman ducing penny production costs to face value, Cubin Hensarling Miller (FL) Gerlach Miller (NC) Schultz the United States will save more than Culberson Herger Miller, Gary Giffords Miller, George Waters Davis (KY) Hobson Musgrave Gilchrest Mitchell Watson $500,000,000 in the next 10 years alone. Davis, David Hoekstra Myrick Gillibrand Mollohan Watt (8) Reducing the cost to produce a nickel Davis, Tom Hunter Neugebauer Gohmert Moore (KS) Waxman to face value will save the United States an Deal (GA) Inglis (SC) Nunes Gonzalez Moore (WI) Welch (VT) additional $60,000,000 per year.

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(9) Commodity metal prices are often cy- ‘‘(A) IN GENERAL.—After the end of the 2- lowing the initial report, the Secretary of clical in nature, and can be inflated by spec- year period beginning on the date of the en- the Treasury shall submit a report to the ulation, so it is important that a solid trend actment of the Coin Modernization and Tax- Committee on Financial Services of the in the rising price of a commodity metal be payer Savings Act of 2008, the Secretary House of Representatives and the Committee established before any change in the metal shall produce no 5-cent coin that is not pri- on Banking, Housing, and Urban Affairs of content of a coin is made. marily made of steel with a coating of nick- the Senate analyzing production costs for SEC. 3. IMMEDIATE REDUCTION IN THE COST OF el, that can co-circulate with the existing each circulating coin, cost trends, and pos- PRODUCING 1-CENT COINS supply of 5-cent coins and work interchange- sible new metallic materials or technologies THROUGH THE USE OF STEEL PEN- ably in coin handling machines, except for the production of circulating coins. NIES. that— (b) DETAILED RECOMMENDATIONS.—The re- Subsection (c) of section 5112 of title 31, ‘‘(i) the Secretary shall make no change to ports required under this section shall con- United States Code, is amended to read as the content of the existing 5-cent coin if at tain detailed recommendations for any ap- follows: that point the unit cost of production of such propriate changes to the metallic content of ‘‘(c) COMPOSITION OF 1-CENT AND 5-CENT coins is lower than the face value of the coin; circulating coins in such a form that the rec- COINS.— and ommendations could be enacted into law as ‘‘(1) 1-CENT COIN.— ‘‘(ii) if the report issued by the Secretary appropriate. ‘‘(A) IN GENERAL.—Subject to paragraph pursuant to section 6 indicates that a dif- (c) IMPROVED PRODUCTION EFFICIENCY.—The (2), beginning 270 days after the date of the ferent metallic content of circulating 5-cent reports required under this section shall in- enactment of the Coin Modernization and coins is both functional and interchangeable, clude recommendations for changes in the Taxpayer Savings Act of 2008, the 1-cent coin and more economical to produce in both the methods of producing coins at the United shall— short and long term, the Secretary shall pro- States Mint that would further reduce the ‘‘(i) be produced primarily of steel; and pose such content to the Congress in the costs to produce circulating coins, and in- ‘‘(ii) meet such other specifications as the form of a legislative recommendation. clude notes on any legislative changes that Secretary may determine to be appropriate, ‘‘(B) FACTORS TO BE CONSIDERED.—In pre- might be necessary to achieve such goals. including any change in the weight from scribing the weight and the composition of (d) MINIMIZING CONVERSION COSTS.—The re- that specified in subsection (a)(6). the 5-cent coin, the Secretary shall con- ports required under this section shall— ‘‘(B) TREATMENT.—The 1-cent coin shall be sider— (1) include no recommendation for new treated to impart a copper color to the ap- ‘‘(i) factors relevant to the potential im- specifications for producing a circulating pearance of the coins so that the appearance pact of any revisions to the weight and com- coin that would require significant change to is similar to 1-cent coins produced of a cop- position of the material on the current coin coin-accepting and coin-handling equipment per-zinc alloy. suppliers; to accommodate changes to all circulating ‘‘(C) EXCEPTION FOR LINCOLN BICENTENNIAL ‘‘(ii) factors relevant to the acceptability coins simultaneously, except for any poten- NUMISMATIC PENNIES.—No provision of this of new coinage materials, including the ef- tial change to the 5-cent coin as authorized paragraph shall apply with respect to 1-cent fect on vending machines and commercial under section 4; and coins described in section 304 of the Presi- coin processing equipment and making cer- (2) to the greatest extent possible, rec- dential $1 Coin Act of 2005 that are issued for tain, to the greatest extent practicable, that ommend specifications that, while con- numismatic purposes. any new coins work without interruption in sistent with other portions of this section ‘‘(2) ALTERNATIVE 1-CENT COIN COMPOSI- existing coin acceptance equipment without and the amendments made by this Act, re- TION.— modification; and quire no changes to coin-accepting or coin- ‘‘(A) IN GENERAL.—If, before the end of the ‘‘(iii) such other factors that the Sec- handling equipment whatsoever to accom- 90-day period beginning on the date of the retary, in consultation with merchants who modate both coins produced with the new enactment of the Coin Modernization and would be affected by any change in the specifications and coins produced as of July Taxpayer Savings Act of 2008, the Secretary weight and composition of the 5-cent coin, 31, 2007. determines that, with the addition of any vending machine and other coin acceptor (e) FRAUD PREVENTION.—The reports re- other element to any alloy of zinc and copper manufacturers, vending machine owners and quired under this section shall make no rec- of which 1-cent coins could have been com- operators, transit officials, municipal park- ommendation for a specification change that posed as of the day before such date of enacting officials, depository institutions, coin would facilitate or allow the use of a coin ment, there is a way— and currency handlers, armored-car opera- with a lesser value produced by another ‘‘(i) to produce 1-cent coins of the same di- tors, car wash operators, and American- country, or the use of any token or other ameter, general composition, and general owned manufacturers of commercial coin easily or regularly produced metal device of weight as 1-cent coins produced in accord- processing equipment, considers to be appro- minimal value, in the place of a circulating ance with this subsection as of the day be- priate and in the public interest, after notice coin produced by the Secretary. fore such date of enactment; and and opportunity for comment. The SPEAKER pro tempore (Ms. ‘‘(ii) to achieve the goals of paragraph (1) ‘‘(C) COMMENT AND SELECTION PROCESS.—In JACKSON-LEE of Texas). Pursuant to by reducing the unit cost to produce the 1- making any determination with respect to the rule, the gentleman from Illinois cent coin to less than 1 cent while retaining any change in the weight and composition of (Mr. GUTIERREZ) and the gentleman such coin’s ease of use and ensuring ease of the 5-cent coin, the Secretary shall enter from Illinois (Mr. ROSKAM) each will co-circulation with 1-cent coins of the di- into a formal rulemaking process that in- ameter and weight already circulating as of control 20 minutes. cludes a hearing on a record in addition to The Chair recognizes the gentleman such date of enactment for ordinary com- the publication of notice and opportunity for merce, comment.’’. from Illinois. the Secretary may add any such element and (b) TECHNICAL AND CONFORMING AMEND- GENERAL LEAVE continue production of 1-cent coins of the MENT.—Section 5112(a)(5) of title 31, United Mr. GUTIERREZ. Madam Speaker, I same diameter, general composition, and States Code, is amended by striking ‘‘and ask unanimous consent that all Mem- general weight as 1-cent coins produced in weighs 5 grams’’. bers may have 5 legislative days within accordance with this subsection as of the day SEC. 5. AUTHORITY TO CONDUCT RESEARCH AND which to revise and extend their re- before such date of enactment instead of DEVELOPMENT ON ALL CIRCU- LATING COINS. marks on this legislation and insert ex- complying with paragraph (1). To accomplish the goals of this Act, the traneous material thereon. ‘‘(B) EFFECTIVE PERIOD.—This paragraph Secretary may conduct any appropriate test- The SPEAKER pro tempore. Is there shall only apply if the change to the new ing within or without the Department of the objection to the request of the gen- composition and the subsequent drop in the Treasury, and may solicit input from or oth- tleman from Illinois? production cost of the 1-cent coin referred to erwise work in conjunction with entities in subparagraph (A) can be achieved before There was no objection. within or without the Federal government Mr. GUTIERREZ. Madam Speaker, I the end of the 270-day period referred to in including independent research facilities or paragraph (1). yield myself 5 minutes. current or potential suppliers of the material I rise today in strong support of H.R. ‘‘(C) REPORT TO THE CONGRESS.—Any deter- used in volume production of circulating mination and action by the Secretary under coins, to complete the report referred to in 5512, the Coin Modernization and Tax- subparagraph (A) shall be promptly reported this Act and to develop, evaluate or begin payer Savings Act of 2008, and I want to the Congress.’’. the use of new metallic material for such to thank the gentleman from Ohio (Mr. SEC. 4. AUTHORITY TO CHANGE METALLIC CON- production. SPACE) for all of his hard work and per- TENT OF 5-CENT COINS TO LESS SEC. 6. BIENNIAL REPORT TO CONGRESS ON severance in getting this very impor- COSTLY ALTERNATIVE. CURRENT STATUS OF COIN PRODUC- tant piece of legislation to the House (a) IN GENERAL.—Subsection (c) of section TION COSTS AND ANALYSIS OF AL- 5112 of title 31, United States Code, (as TERNATIVE CONTENT REQUIRED. floor. amended by section 3) is amended by adding (a) BIENNIAL REPORT REQUIRED.—Before the It’s not every day that the House at the end the following new paragraph: end of the 270-day period beginning on enact- considers legislation that has the po- ‘‘(3) 5-CENT COIN.— ment of this Act, and at 2-year intervals fol- tential of saving U.S. taxpayers over

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.006 H06MYPT1 jbell on PROD1PC69 with HOUSE H3098 CONGRESSIONAL RECORD — HOUSE May 6, 2008 $100 million a year, but that is exactly b 1830 costs, Madam Speaker, either with dif- what we’re doing today with H.R. 5512, Mr. ROSKAM. Madam Speaker, I ferent content or different production and Mr. SPACE should be proud of his yield myself such time as I may con- techniques, either one. efforts and accomplishments on this sume. I am pleased to rise in support of These two provisions will ensure that bill. H.R. 5512, the Coin Modernization and the Mint is performing its due dili- Since March of 2003, increasing metal Taxpayer Savings Act of 2008. gence in a timely manner and keeping prices, caused by high world demand First, I would like to thank Chair- the cost of production of all circulating for core metals, have driven the costs man FRANK, Chairman GUTIERREZ and coins down while maintaining commu- of copper and nickel up by 300 percent, my colleague from Ohio (Mr. SPACE) for nication with those who currently are while zinc has increased 450 percent. As bringing this important bill to the involved in the industry on the produc- a result, the cost of producing our Na- floor. And I would also like to thank tion, supply and research sides. tion’s circulating coins have increased Ranking Member BACHUS for his sup- Madam Speaker, without wanting to dramatically. port of my own coin content bill, H.R. be overly critical of the Mint, let me In fiscal year 2007, it cost nearly 2 4036, the Cents and Sensibility Act, just point out that I think that they cents to make each penny and 10 cents which I introduced with Mr. CASTLE of have not done exactly as I think would for each nickel, needlessly costing the Delaware. be wise as it relates to solving this cost American taxpayers over $100 million Madam Speaker, last year, I took my production problem. It sent legislation last year alone, but by simply bringing son to visit the Denver Mint in Colo- here proposing to transfer power from the cost of producing pennies and nick- rado, and there we discovered during Congress to the Mint on the authority els down to their face value, H.R. 5512 our tour that the cost of a penny was— to decide what coins should be made of, will save the government nearly $1 bil- actually what the gentleman from Illi- what they would weigh, authority ex- lion over the next 10 years. nois just referred to—1.7 cents, the cost plicitly held by Congress since the In brief, H.R. 5512 requires the U.S. to the government to make each single founding of this country. Mint to immediately take steps to penny. And that’s obviously more than More recently, the Mint has criti- lower the production costs of pennies, it’s worth. At current production rates, cized the bill before us because it would requires the Mint to research an alter- the Federal Government spends more force the Mint to continue making native composition for the nickel in 2 than $134 million to produce eight bil- coins out of metal. I don’t know about years, and grants the Mint the author- lion pennies annually at a loss of $54 your constituents, Madam Speaker, ity to research lower cost alternative million to the taxpayer. It makes no but I can guess, along with mine, that metal content for all U.S. coins. sense. they’re not interested in having coins First, H.R. 5512 requires the Mint to Two years ago last Thursday, when I made out of plastic, and even less en- begin production of a steel penny with- was not yet a Member of this body, the thusiastic if they found out that the in 9 months of enactment. This should U.S. Mint sent to Congress a letter decision to switch had been made by a result in immediate and substantial stating what my son and I discovered few unelected bureaucrats in a gray savings to taxpayers. The bill also on our trip. And since then, a whole lot building somewhere in Washington, gives the Mint the flexibility to re- of nothing has happened. And I think, DC. This is our responsibility to make search other low-cost alternatives to a frankly, the Mint has been a little bit these decisions. And worse, if such a steel penny within the same 9-month remiss in not bringing up a thoughtful switch were made the wrong way, it period and report to Congress any al- suggestion on cost cutting. This bill could force billions in conversion costs ternative recommendation. will address the short-term problem of onto coin handlers, vending machines Second, the bill requires the Mint to the costly penny and I believe the and banks, that would eventually be begin producing a nickel-coated steel longer term issues of what circulating passed onto customers. nickel in 2 years, unless the Mint de- coins should be made of. As a Member representing the Land velops a less costly alternative and rec- I’ve got to say I’m flattered in a way of Lincoln, Madam Speaker, I’m ommends such an alternative to Con- in that there are elements of this bill pleased that H.R. 5512 satisfies the need gress or the cost of producing the nick- that have taken some of the elements to reduce the cost to taxpayers, retains el in its current form is below the of the bill that I introduced. So when American jobs, all the while preserving coin’s face value. H.R. 5512 was introduced, this bill, in the small one cent coin that has been Finally, H.R. 5512 confirms that the other words, it was done so with some the foundation of our economic system Mint has the authority to conduct re- of the provisions that I was pleased to since its inception. search and development into alter- offer. The most important point is to I urge my colleagues to support the native composition that will lower pro- immediately change the composition of bill. duction costs for all U.S. coins. This the penny from copper-coated zinc to Madam Speaker, I reserve the bal- provision, along with the bill’s require- copper-coated steel. This change would ance of my time. ment that the Mint issue a biennial re- slash the cost to make the penny. Mr. GUTIERREZ. I would like to port to Congress on the current status For several years, Canada, our neigh- yield as much time as he may consume of coin production costs and an anal- bors to the north, have been saving to the author and chief proponent of ysis of alternative content, will ensure money producing its one cent coin, the bill, Mr. SPACE from Ohio. that we avoid situations of negative which is essentially identical to the Mr. SPACE. Madam Speaker, I’d like seignorage for U.S. coins in the future. U.S. penny, out of steel in this manner, to thank the gentleman from Illinois, Bottom line, Madam Speaker, if we originally in the same Tennessee plant Subcommittee Chairman GUTIERREZ, continue under the status quo, with in which our penny blanks are made. for his cooperation and assistance in each new penny and nickel we issue, we This provision blends an enormous this legislation. I would also like to will be contributing to our national cost-saving opportunity with ensuring thank the ranking member, Mr. PAUL debt by almost as much as the coin is that the content of the penny remains from Texas, as well. And I would fur- worth. These losses are mounting rap- metal and securing American jobs that ther like to extend my gratitude to idly, and we need to act immediately currently produce the penny. Chairman FRANK and Ranking Member to lower the costs of producing the Two other provisions from my bill BACHUS for their work in advancing penny and the nickel. are included in H.R. 5512, that is, the this important piece of legislation that H.R. 5512 will give the U.S. Mint the provision giving the Mint explicit au- will, in fact, eliminate wasteful gov- authority it needs to make the nec- thority to do research and development ernmental spending, saving the tax- essary changes to our coins without with outside firms on potential coin payers a billion dollars over the next 10 creating an undue burden on the rel- content, an authority that the Mint years. evant industries or causing a disrup- says now is ambiguous, and this bill Right now, our government is need- tion in the minting process. takes away that ambiguity. And sec- lessly throwing away money in the pro- For these reasons, I urge all Members ondly, requiring regular reports from duction of coins. Estimates, as have to support its passage. the Mint to the Congress on production been indicated, suggest that we’re I reserve the balance of my time. cost trends and strategies to reduce spending 1.7 cents or more per penny

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.093 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3099 produced in this country, as well as 9.5 MOTION TO ADJOURN Cramer Kennedy Rahall cents per nickel. Crowley Kildee Ramstad Mr. CARTER. Madam Speaker, I Cuellar Kilpatrick Rangel The content of a penny, as it exists move that the House do now adjourn. Davis (AL) Kind Reyes now, is roughly 971⁄2 percent zinc, with Davis (CA) Kingston Richardson The SPEAKER pro tempore. The the balance copper. The content of a Davis (IL) Kirk Rodriguez question is on the motion to adjourn Davis, Lincoln Klein (FL) nickel is roughly 25 percent nickel and Rogers (MI) offered by the gentleman from Texas. DeFazio Kucinich Ros-Lehtinen 75 percent copper. And during the last The question was taken; and the DeGette Kuhl (NY) Rothman 5 years, we’ve seen huge increases in Delahunt Lampson Roybal-Allard Speaker pro tempore announced that the price of copper, nickel and zinc. As DeLauro Larsen (WA) Ryan (OH) the noes appeared to have it. Dent Larson (CT) Salazar Subcommittee Chairman GUTIERREZ Mr. CARTER. Madam Speaker, on Dingell Lee Sali indicated, that is attributable to excess Doggett Levin that I demand the yeas and nays. Sa´ nchez, Linda demand throughout the world on those Donnelly Lewis (GA) T. metals, along with speculation in the The yeas and nays were ordered. Doyle Lipinski Sanchez, Loretta The SPEAKER pro tempore. Pursu- Ehlers LoBiondo Sarbanes market. This legislation is designed Ellison Loebsack ant to clause 8 of rule XX, this 15- Schakowsky with an eye toward common sense to Ellsworth Lofgren, Zoe Schiff save, again, roughly $100 million per minute vote on the motion to adjourn Emanuel Lowey Schwartz Engel Lynch year over the next 10 years. will be followed by 5-minute votes on Scott (GA) motions to suspend the rules on House Eshoo Mahoney (FL) Scott (VA) Wasteful spending is especially egre- Etheridge Maloney (NY) Serrano Resolution 1168, and House Resolution Farr Manzullo gious at a time when Americans are Sestak Fattah Markey 1155. Shea-Porter facing the pitfalls of an economic Filner Marshall Sherman downturn. This legislation will begin The vote was taken by electronic de- Fortenberry Matheson Shuler vice, and there were—yeas 149, nays Fossella Matsui the process of eliminating this wasteful Sires Foster McCarthy (NY) spending by mandating changes in the 236, not voting 47, as follows: Skelton Frank (MA) McCollum (MN) Slaughter content of the penny and the nickel [Roll No. 262] Gerlach McCotter Smith (NJ) and giving the Treasury a louder voice YEAS—149 Giffords McGovern Smith (WA) Gillibrand McIntyre in the process. Aderholt Forbes Paul Solis Gonzalez McNulty Akin Foxx Pearce Based on production numbers, again I Graves Meek (FL) Space Alexander Franks (AZ) Pence want to emphasize these changes will Green, Al Melancon Stark Bachmann Frelinghuysen Petri Green, Gene Mica Stupak save taxpayers $1 billion over the next Barrett (SC) Gallegly Pickering Grijalva Michaud Sutton 10 years. The legislation will also help Bartlett (MD) Garrett (NJ) Pitts Hall (NY) Miller (MI) Tanner Barton (TX) Gingrey Congress be more responsive to market Price (GA) Hare Miller, George Tauscher Biggert Goode changes in the value of different met- Putnam Harman Mitchell Terry Bilbray Goodlatte Radanovich Hastings (FL) Mollohan Thompson (CA) als over time, helping it to be more ef- Bishop (UT) Granger Regula Herseth Sandlin Moore (KS) Thompson (MS) Blackburn Hall (TX) ficient and precise in its expenditures. Rehberg Higgins Moore (WI) Tiahrt Blunt Hastings (WA) The savings can be spent to put Reichert Hill Moran (KS) Tiberi Boehner Hayes Renzi Hinchey Moran (VA) Tierney money into our schools, improve our Bonner Heller Reynolds Hinojosa Murphy (CT) Towns infrastructure, increase access to Bono Mack Hensarling Rogers (AL) Hirono Murphy, Patrick Tsongas Boozman Herger health care, all the things that many Rogers (KY) Hodes Murtha Udall (CO) Boustany Hobson Americans—certainly Americans I rep- Rohrabacher Hoekstra Nadler Van Hollen Broun (GA) Hunter Roskam Holden Napolitano Vela´ zquez resent back in Ohio’s 18th District— Brown-Waite, Inglis (SC) Royce Holt Neal (MA) Visclosky desperately need. Ginny Issa Ryan (WI) Honda Obey Walberg Buchanan Johnson (IL) As a Congress, we have a responsi- Hoyer Olver Walz (MN) Buyer Keller Saxton Inslee Ortiz Wasserman bility to use our funds in a responsible Calvert King (IA) Schmidt Israel Pallone Schultz fashion. This legislation is a step to- Camp (MI) King (NY) Sensenbrenner Jackson (IL) Pascrell Waters Cannon Kline (MN) Sessions ward more responsible spending and Jackson-Lee Pastor Watson Cantor Knollenberg Shadegg represents a bipartisan effort to work (TX) Payne Waxman Carter LaHood Shays Jefferson Perlmutter Welch (VT) together on a measure that encom- Castle Lamborn Shimkus Johnson (GA) Peterson (MN) Wexler passes a high degree of common sense. Chabot Latham Shuster Johnson, E. B. Platts Wilson (OH) Clay LaTourette Simpson Refreshing. Jordan Poe Woolsey Coble Latta Smith (NE) Mr. GUTIERREZ. I congratulate the Kagen Pomeroy Wu Cole (OK) Lewis (CA) Smith (TX) Kanjorski Porter Wynn gentleman from Ohio on that wonder- Crenshaw Lewis (KY) Souder Kaptur Price (NC) Yarmuth ful speech. Cubin Linder Stearns Sullivan Mr. ROSKAM. Madam Speaker, I Culberson Lucas NOT VOTING—47 Davis (KY) Lungren, Daniel Tancredo yield back the balance of my time. Davis, David E. Taylor Andrews Gilchrest Murphy, Tim Mr. GUTIERREZ. I yield back the Davis, Tom Mack Thornberry Bachus Gohmert Oberstar balance of my time. Deal (GA) Marchant Turner Baird Gordon Peterson (PA) The SPEAKER pro tempore. The Diaz-Balart, L. McCarthy (CA) Upton Berry Gutierrez Pryce (OH) Walden (OR) Braley (IA) Hooley question is on the motion offered by Diaz-Balart, M. McCrery Ross Drake McHugh Walsh (NY) Burton (IN) Hulshof Ruppersberger the gentleman from Illinois (Mr. Dreier McKeon Wamp Butterfield Johnson, Sam Rush Westmoreland GUTIERREZ) that the House suspend the Duncan McMorris Campbell (CA) Jones (NC) Snyder Whitfield (KY) Capito Jones (OH) rules and pass the bill, H.R. 5512, as Emerson Rodgers Speier English (PA) Miller (FL) Wilson (NM) Carson Langevin Spratt amended. Everett Miller, Gary Wilson (SC) Conaway McCaul (TX) Udall (NM) The question was taken. Fallin Musgrave Wittman (VA) Costa McDermott Watt The SPEAKER pro tempore. In the Feeney Myrick Wolf Cummings McHenry Ferguson Neugebauer Young (AK) Dicks McNerney Weiner opinion of the Chair, two-thirds being Flake Nunes Young (FL) Doolittle Meeks (NY) Weldon (FL) in the affirmative, the ayes have it. Edwards Miller (NC) Weller Mr. CARTER. Madam Speaker, I ob- NAYS—236 ject to the vote on the ground that a Abercrombie Bishop (NY) Cardoza ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE quorum is not present and make the Ackerman Blumenauer Carnahan Allen Boren Carney The SPEAKER pro tempore (during point of order that a quorum is not Altmire Boswell Castor the vote). Less than 2 minutes are represent. Arcuri Boucher Cazayoux maining. The SPEAKER pro tempore. Pursu- Baca Boyd (FL) Chandler ant to clause 8 of rule XX and the Baldwin Boyda (KS) Clarke Barrow Brady (PA) Cleaver b 1900 Chair’s prior announcement, further Bean Brady (TX) Clyburn proceedings on this motion will be Becerra Brown (SC) Cohen Messrs. COHEN, ELLSWORTH, ACK- postponed. Berkley Brown, Corrine Conyers ERMAN, WAXMAN, Ms. VELA´ ZQUEZ Berman Burgess Cooper The point of no quorum is considered Bilirakis Capps Costello and Ms. CLARKE changed their vote withdrawn. Bishop (GA) Capuano Courtney from ‘‘yea’’ to ‘‘nay.’’

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.094 H06MYPT1 jbell on PROD1PC69 with HOUSE H3100 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Ms. GINNY BROWN-WAITE of Flor- Filner Loebsack Rothman NOT VOTING—38 Flake Lowey Roybal-Allard Andrews Gilchrest Miller (NC) ida changed her vote from ‘‘nay’’ to Forbes Lucas Royce Bachus Hooley Oberstar ‘‘yea.’’ Fortenberry Lungren, Daniel Ruppersberger Baird Hulshof Olver Fossella E. Ryan (OH) So the motion to adjourn was re- Burton (IN) Johnson, Sam Ortiz Foster Lynch Ryan (WI) jected. Butterfield Jones (NC) Peterson (PA) Foxx Mack Salazar Campbell (CA) Jones (OH) Pryce (OH) The result of the vote was announced Frank (MA) Mahoney (FL) Sali Carson Keller Rush as above recorded. Franks (AZ) Maloney (NY) Sa´ nchez, Linda Coble Lampson Saxton Frelinghuysen Manzullo T. Cole (OK) Lofgren, Zoe Snyder f Gallegly Marchant Sanchez, Loretta Conaway McHenry Speier Garrett (NJ) Markey Sarbanes Cummings McMorris Udall (NM) PERSONAL EXPLANATION Gerlach Marshall Schakowsky Dicks Rodgers Watt Giffords Matheson Schiff Doolittle Meeks (NY) Weiner Mr. BRALEY. of Iowa. Madam Speaker, on Gillibrand Matsui Schmidt rollcall No. 261 and had I been present, I Gingrey McCarthy (CA) Schwartz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE would have voted ‘‘no.’’ Gohmert McCarthy (NY) Scott (GA) Gonzalez McCaul (TX) Scott (VA) The SPEAKER pro tempore (during f Goode McCollum (MN) Sensenbrenner the vote). Less than 2 minutes remain Goodlatte McCotter Serrano in this vote. CONGRATULATING CHARTER Gordon McCrery Sessions SCHOOLS Granger McDermott Sestak Graves McGovern Shadegg b 1912 The SPEAKER pro tempore. The un- Green, Al McHugh Shays finished business is the question on Green, Gene McIntyre Shea-Porter So (two-thirds being in the affirma- suspending the rules and agreeing to Grijalva McKeon Sherman tive) the rules were suspended and the Gutierrez McNerney Shimkus resolution, as amended, was agreed to. the resolution, H. Res. 1168, as amend- Hall (TX) McNulty Shuler ed. Hare Meek (FL) Shuster The result of the vote was announced The Clerk read the title of the resolu- Harman Melancon Simpson as above recorded. Hastings (FL) Mica Sires Mr. CARTER. Madam Speaker, I tion. Hastings (WA) Michaud Skelton The SPEAKER pro tempore. The Hayes Miller (FL) Slaughter move to reconsider the vote. question is on the motion offered by Heller Miller (MI) Smith (NE) MOTION TO TABLE OFFERED BY MR. HASTINGS Hensarling Miller, Gary Smith (NJ) OF FLORIDA the gentleman from Massachusetts Herger Miller, George Smith (TX) (Mr. TIERNEY) that the House suspend Herseth Sandlin Mitchell Smith (WA) Mr. HASTINGS of Florida. Madam the rules and agree to the resolution, Higgins Mollohan Solis Speaker, I move to table the motion to H. Res. 1168, as amended. Hill Moore (KS) Souder reconsider. Hinojosa Moore (WI) Space The SPEAKER pro tempore. The The question was taken; and the Hirono Moran (KS) Spratt Speaker pro tempore announced that Hobson Moran (VA) Stark question is on the motion to table. the ayes appeared to have it. Hodes Murphy (CT) Stearns The question was taken; and the Hoekstra Murphy, Patrick Stupak RECORDED VOTE Speaker pro tempore announced that Holden Murphy, Tim Sullivan the ayes appeared to have it. Mr. CARTER. Madam Speaker, I de- Holt Murtha Sutton mand a recorded vote. Honda Musgrave Tancredo RECORDED VOTE Hoyer Myrick Tanner Mr. CARTER. Madam Speaker, I de- A recorded vote was ordered. Hunter Nadler Tauscher The SPEAKER pro tempore. This Inglis (SC) Napolitano Taylor mand a recorded vote. will be a 5-minute vote. Inslee Neal (MA) Terry A recorded vote was ordered. Israel Neugebauer Thompson (CA) The SPEAKER pro tempore. This The vote was taken by electronic de- Issa Nunes Thompson (MS) vice, and there were—ayes 391, noes 2, Jackson (IL) Obey Thornberry will be a 5-minute vote. answered ‘‘present’’ 1, not voting 38, as Jackson-Lee Pallone Tiahrt The vote was taken by electronic de- follows: (TX) Pascrell Tiberi vice, and there were—ayes 215, noes 182, Jefferson Pastor Tierney not voting 35, as follows: [Roll No. 263] Johnson (GA) Paul Towns AYES—391 Johnson (IL) Payne Tsongas [Roll No. 264] Johnson, E. B. Pearce Turner AYES—215 Abercrombie Brady (TX) Cuellar Jordan Pence Udall (CO) Ackerman Braley (IA) Culberson Kagen Perlmutter Upton Abercrombie Costa Hare Aderholt Broun (GA) Davis (AL) Kanjorski Peterson (MN) Van Hollen Ackerman Costello Harman Akin Brown (SC) Davis (CA) Kaptur Petri Vela´ zquez Allen Courtney Hastings (FL) Alexander Brown, Corrine Davis (IL) Kennedy Pickering Visclosky Altmire Cramer Herseth Sandlin Allen Brown-Waite, Davis (KY) Kildee Pitts Walberg Arcuri Crowley Higgins Altmire Ginny Davis, David Kilpatrick Platts Walden (OR) Baca Cuellar Hill Arcuri Buchanan Davis, Lincoln Kind Poe Walsh (NY) Baldwin Davis (AL) Hinchey Baca Burgess Davis, Tom King (IA) Pomeroy Walz (MN) Barrow Davis (CA) Hinojosa Bachmann Buyer Deal (GA) King (NY) Porter Wamp Bean Davis (IL) Hirono Baldwin Calvert DeFazio Kingston Price (GA) Wasserman Becerra Davis, Lincoln Hodes Barrett (SC) Camp (MI) DeGette Kirk Price (NC) Schultz Berkley DeFazio Holden Barrow Cannon Delahunt Klein (FL) Putnam Waters Berman DeGette Holt Bartlett (MD) Cantor DeLauro Kline (MN) Radanovich Watson Berry Delahunt Honda Barton (TX) Capito Dent Knollenberg Rahall Waxman Bishop (GA) DeLauro Hoyer Bean Capps Diaz-Balart, L. Kuhl (NY) Ramstad Welch (VT) Bishop (NY) Dingell Inslee Becerra Capuano Diaz-Balart, M. LaHood Rangel Weldon (FL) Blumenauer Doggett Israel Berkley Cardoza Dingell Lamborn Regula Weller Boren Donnelly Jackson (IL) Berman Carnahan Doggett Langevin Rehberg Westmoreland Boswell Doyle Jackson-Lee Berry Carney Donnelly Larsen (WA) Reichert Wexler Boucher Edwards (TX) Biggert Carter Doyle Larson (CT) Renzi Whitfield (KY) Boyd (FL) Ellison Jefferson Bilbray Castle Drake Latham Reyes Wilson (NM) Boyda (KS) Ellsworth Johnson (GA) Bilirakis Castor Dreier LaTourette Reynolds Wilson (OH) Brady (PA) Emanuel Johnson, E. B. Bishop (GA) Cazayoux Duncan Latta Richardson Wilson (SC) Braley (IA) Engel Kagen Bishop (NY) Chabot Edwards Lee Rodriguez Wittman (VA) Brown, Corrine Eshoo Kanjorski Bishop (UT) Chandler Ehlers Levin Rogers (AL) Wolf Capps Etheridge Kaptur Blackburn Clarke Ellison Lewis (CA) Rogers (KY) Woolsey Capuano Farr Kennedy Blumenauer Clay Ellsworth Lewis (GA) Rogers (MI) Wu Cardoza Fattah Kildee Blunt Cleaver Emanuel Lewis (KY) Rohrabacher Wynn Carnahan Filner Kilpatrick Boehner Clyburn Emerson Linder Ros-Lehtinen Yarmuth Carney Foster Kind Bonner Cohen Engel Lipinski Roskam Young (AK) Castor Frank (MA) Klein (FL) Bono Mack Conyers English (PA) LoBiondo Ross Young (FL) Cazayoux Giffords Kucinich Boozman Cooper Eshoo Chandler Gillibrand Lampson Boren Costa Etheridge NOES—2 Clarke Gonzalez Langevin Boswell Costello Everett Clay Gordon Larsen (WA) Boucher Courtney Fallin Hinchey Kucinich Cleaver Green, Al Larson (CT) Boustany Cramer Farr Clyburn Green, Gene Lee Boyd (FL) Crenshaw Fattah ANSWERED ‘‘PRESENT’’—1 Cohen Grijalva Levin Boyda (KS) Crowley Feeney Hall (NY) Conyers Gutierrez Lewis (GA) Brady (PA) Cubin Ferguson Cooper Hall (NY) Lipinski

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.096 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3101 Loebsack Pascrell Slaughter NOT VOTING—35 DeFazio Kirk Ramstad Lowey Pastor Smith (WA) DeGette Klein (FL) Rangel Andrews Doolittle Miller (NC) Lynch Payne Solis Delahunt Kline (MN) Regula Bachus Gilchrest Oberstar Mahoney (FL) Perlmutter DeLauro Knollenberg Rehberg Space Baird Gohmert Peterson (PA) Dent Kucinich Reichert Maloney (NY) Peterson (MN) Spratt Burton (IN) Hooley Pryce (OH) Diaz-Balart, L. Kuhl (NY) Renzi Markey Pomeroy Stark Butterfield Hulshof Rush Diaz-Balart, M. LaHood Reyes Marshall Price (NC) Stupak Campbell (CA) Johnson, Sam Saxton Dingell Lamborn Reynolds Matheson Rahall Sutton Carson Jones (NC) Snyder Doggett Lampson Richardson Matsui Rangel Tanner Coble Jones (OH) Speier Donnelly Langevin Rodriguez McCarthy (NY) Reyes Tauscher Cole (OK) Lofgren, Zoe Udall (NM) McCollum (MN) Richardson Taylor Conaway McHenry Doyle Larsen (WA) Rogers (AL) Watt Drake Larson (CT) Rogers (KY) McDermott Rodriguez Thompson (CA) Cummings McNerney Weiner Dreier Latham Rogers (MI) McGovern Ross Thompson (MS) Dicks Meeks (NY) Duncan LaTourette Rohrabacher McIntyre Rothman Tierney McNulty Roybal-Allard ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Edwards Latta Ros-Lehtinen Towns Ehlers Lee Roskam Meek (FL) Ruppersberger Tsongas The SPEAKER pro tempore (during Melancon Ryan (OH) Ellison Levin Ross Udall (CO) the vote). There are 2 minutes left in Ellsworth Lewis (CA) Rothman Michaud Salazar Van Hollen Miller, George Sa´ nchez, Linda the vote. Emanuel Lewis (GA) Roybal-Allard Vela´ zquez Emerson Lewis (KY) Royce Mitchell T. Visclosky Mollohan Sanchez, Loretta b 1919 Engel Linder Ruppersberger Walz (MN) Moore (KS) Sarbanes English (PA) Lipinski Ryan (OH) Wasserman So the motion to table was agreed to. Moore (WI) Schakowsky Eshoo LoBiondo Ryan (WI) Schultz Etheridge Loebsack Salazar Moran (VA) Schiff The result of the vote was announced Waters Everett Lofgren, Zoe Sali Murphy (CT) Schwartz as above recorded. Watson Fallin Lowey Sa´ nchez, Linda Murphy, Patrick Scott (GA) Waxman Farr Lucas T. Murtha Scott (VA) f Fattah Lungren, Daniel Sanchez, Loretta Nadler Serrano Welch (VT) Feeney E. Sarbanes Napolitano Sestak Wexler HONORING THE RECIPIENTS OF Ferguson Lynch Saxton Neal (MA) Shea-Porter Wilson (OH) THE EL DORADO PROMISE Filner Mack Schakowsky Obey Sherman Woolsey SCHOLARSHIP Flake Mahoney (FL) Schiff Olver Shuler Wu Forbes Maloney (NY) Schmidt Ortiz Sires Wynn The SPEAKER pro tempore. The un- Fortenberry Manzullo Schwartz Pallone Skelton Yarmuth finished business is the question on Fossella Marchant Scott (GA) suspending the rules and agreeing to Foster Markey Scott (VA) NOES—182 the resolution, H. Res. 1155, as amend- Foxx Marshall Sensenbrenner Aderholt Garrett (NJ) Pearce ed. Frank (MA) Matheson Serrano Akin Gerlach Pence Franks (AZ) Matsui Sessions Alexander Gingrey Petri The Clerk read the title of the resolu- Frelinghuysen McCaul (TX) Sestak Bachmann Goode Pickering tion. Gallegly McCollum (MN) Shadegg Barrett (SC) Goodlatte Pitts The SPEAKER pro tempore. The Garrett (NJ) McCotter Shays Gerlach McCrery Shea-Porter Bartlett (MD) Granger Platts question is on the motion offered by Barton (TX) Graves Poe Giffords McDermott Sherman Biggert Hall (TX) Porter the gentleman from Massachusetts Gillibrand McGovern Shimkus Bilbray Hastings (WA) Price (GA) (Mr. TIERNEY) that the House suspend Gingrey McHugh Shuler Bilirakis Hayes Putnam the rules and agree to the resolution, Gohmert McIntyre Shuster Bishop (UT) Heller Gonzalez McKeon Simpson Radanovich H. Res. 1155, as amended. Blackburn Hensarling Ramstad Goode McMorris Sires Blunt Herger Regula The question was taken. Goodlatte Rodgers Skelton Boehner Hobson Rehberg The SPEAKER pro tempore. In the Gordon McNerney Slaughter Bonner Hoekstra Reichert Granger McNulty Smith (NE) Bono Mack Hunter opinion of the Chair, two-thirds being Graves Meek (FL) Smith (NJ) Renzi in the affirmative, the ayes have it. Boozman Inglis (SC) Reynolds Green, Al Mica Smith (TX) Boustany Issa Rogers (AL) RECORDED VOTE Green, Gene Michaud Smith (WA) Brady (TX) Johnson (IL) Grijalva Miller (FL) Snyder Rogers (KY) Mr. TIAHRT. Madam Speaker, I de- Broun (GA) Jordan Rogers (MI) Gutierrez Miller (MI) Solis Brown (SC) Keller Hall (TX) Miller, Gary Souder Rohrabacher mand a recorded vote. Brown-Waite, King (IA) Hare Miller, George Space Ros-Lehtinen A recorded vote was ordered. Ginny King (NY) Harman Mitchell Spratt Roskam Buchanan Kingston The SPEAKER pro tempore. This Hastings (FL) Mollohan Stearns Royce Burgess Kirk will be a 5-minute vote. Hastings (WA) Moore (KS) Stupak Ryan (WI) Buyer Kline (MN) Hayes Moore (WI) Sullivan Sali The vote was taken by electronic de- Calvert Knollenberg Hensarling Moran (KS) Sutton Schmidt vice, and there were—ayes 390, noes 1, Camp (MI) Kuhl (NY) Herger Moran (VA) Tancredo Sensenbrenner Cannon LaHood not voting 41, as follows: Herseth Sandlin Murphy (CT) Tanner Sessions Cantor Lamborn Higgins Murphy, Patrick Tauscher Shadegg [Roll No. 265] Capito Latham Hill Murphy, Tim Taylor Carter LaTourette Shays AYES—390 Hirono Murtha Terry Castle Latta Shimkus Abercrombie Bono Mack Castle Hobson Musgrave Thompson (CA) Chabot Lewis (CA) Shuster Ackerman Boozman Castor Hodes Myrick Thompson (MS) Crenshaw Lewis (KY) Simpson Aderholt Boren Cazayoux Hoekstra Nadler Thornberry Cubin Linder Smith (NE) Akin Boswell Chabot Holden Napolitano Tiahrt Culberson LoBiondo Smith (NJ) Alexander Boucher Chandler Holt Neal (MA) Tiberi Davis (KY) Lucas Smith (TX) Allen Boustany Clarke Honda Neugebauer Tierney Davis, David Lungren, Daniel Souder Altmire Boyd (FL) Clay Hoyer Nunes Towns Davis, Tom E. Stearns Arcuri Boyda (KS) Cleaver Inglis (SC) Obey Tsongas Deal (GA) Mack Sullivan Baca Brady (PA) Clyburn Inslee Olver Turner Dent Manzullo Tancredo Bachmann Brady (TX) Cohen Israel Ortiz Udall (CO) Diaz-Balart, L. Marchant Terry Baldwin Braley (IA) Conyers Issa Pallone Upton Diaz-Balart, M. McCarthy (CA) Thornberry Barrett (SC) Broun (GA) Cooper Jackson (IL) Pastor Van Hollen Drake McCaul (TX) Tiahrt Barrow Brown (SC) Costa Jackson-Lee Paul Vela´ zquez Dreier McCotter Tiberi Bartlett (MD) Brown, Corrine Costello (TX) Payne Visclosky Duncan McCrery Turner Barton (TX) Brown-Waite, Courtney Jefferson Pearce Walberg Ehlers McHugh Upton Bean Ginny Cramer Johnson (GA) Pence Walden (OR) Emerson McKeon Walberg Becerra Buchanan Crenshaw Johnson (IL) Perlmutter Walsh (NY) English (PA) McMorris Walden (OR) Berkley Burgess Crowley Johnson, E. B. Peterson (MN) Walz (MN) Everett Rodgers Walsh (NY) Berman Buyer Cubin Jordan Petri Wamp Fallin Mica Wamp Berry Calvert Cuellar Kagen Pickering Wasserman Feeney Miller (FL) Weldon (FL) Biggert Camp (MI) Culberson Kanjorski Pitts Schultz Ferguson Miller (MI) Weller Bilbray Cannon Cummings Kaptur Platts Watson Flake Miller, Gary Westmoreland Bishop (GA) Cantor Davis (AL) Keller Poe Waxman Forbes Moran (KS) Whitfield (KY) Bishop (NY) Capito Davis (CA) Kennedy Pomeroy Welch (VT) Fortenberry Murphy, Tim Wilson (NM) Bishop (UT) Capps Davis (IL) Kildee Porter Weldon (FL) Fossella Musgrave Wilson (SC) Blackburn Capuano Davis (KY) Kilpatrick Price (GA) Weller Foxx Myrick Wittman (VA) Blumenauer Cardoza Davis, David Kind Price (NC) Westmoreland Franks (AZ) Neugebauer Wolf Blunt Carnahan Davis, Lincoln King (IA) Putnam Wexler Frelinghuysen Nunes Young (AK) Boehner Carney Davis, Tom King (NY) Radanovich Whitfield (KY) Gallegly Paul Young (FL) Bonner Carter Deal (GA) Kingston Rahall Wilson (NM)

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.059 H06MYPT1 jbell on PROD1PC69 with HOUSE H3102 CONGRESSIONAL RECORD — HOUSE May 6, 2008 Wilson (OH) Wolf Wynn Jackson-Lee Michaud Serrano Terry Walden (OR) Wilson (SC) Wilson (SC) Woolsey Yarmuth (TX) Miller, George Sestak Thornberry Walsh (NY) Wittman (VA) Wittman (VA) Wu Young (FL) Jefferson Mitchell Shea-Porter Tiahrt Wamp Wolf Johnson (GA) Mollohan Tiberi Weller NOES—1 Sherman Young (AK) Johnson, E. B. Moore (KS) Shuler Turner Westmoreland Young (FL) Young (AK) Kagen Moore (WI) Sires Upton Whitfield (KY) Kanjorski Moran (VA) Skelton Walberg Wilson (NM) NOT VOTING—41 Kaptur Murphy (CT) Slaughter NOT VOTING—36 Andrews Hall (NY) Melancon Kennedy Murphy, Patrick Smith (WA) Kildee Murtha Andrews Doolittle Oberstar Bachus Heller Miller (NC) Snyder Kilpatrick Nadler Bachus Garrett (NJ) Peterson (MN) Baird Hinchey Oberstar Solis Bilirakis Hinojosa Pascrell Kind Napolitano Baird Gilchrest Peterson (PA) Klein (FL) Neal (MA) Space Burton (IN) Herger Pryce (OH) Burton (IN) Hooley Peterson (PA) Kucinich Obey Spratt Butterfield Hooley Rangel Butterfield Hulshof Pryce (OH) Lampson Olver Stark Campbell (CA) Hulshof Rush Campbell (CA) Hunter Rush Langevin Ortiz Stupak Carson Hunter Speier Carson Johnson, Sam Speier Coble Jones (NC) Larsen (WA) Pallone Sutton Coble Johnson, Sam Udall (NM) Stark Cole (OK) Jones (OH) Larson (CT) Pascrell Tanner Cole (OK) Jones (NC) Watt Udall (NM) Conaway McCarthy (CA) Lee Pastor Tauscher Conaway Jones (OH) Weiner Waters Dicks McCarthy (NY) Levin Payne Taylor DeFazio McHenry Weldon (FL) Doolittle McHenry Watt Lewis (GA) Perlmutter Thompson (CA) Dicks Miller (NC) Wu Weiner Lipinski Pomeroy Thompson (MS) Gilchrest Meeks (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Loebsack Price (NC) Tierney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lofgren, Zoe Rahall Towns The SPEAKER pro tempore (during The SPEAKER pro tempore (during Lowey Reyes Tsongas the vote). Two minutes are remaining. the vote). Members have 2 minutes re- Lynch Richardson Udall (CO) Mahoney (FL) Rodriguez Van Hollen b 1934 maining in this vote. Maloney (NY) Ross Vela´ zquez Markey Rothman So the motion to table was agreed to. Visclosky Marshall Roybal-Allard The result of the vote was announced b 1926 Walz (MN) Matheson Ruppersberger as above recorded. So (two-thirds being in the affirma- Matsui Ryan (OH) Wasserman Schultz f tive) the rules were suspended and the McCarthy (NY) Salazar Waters resolution, as amended, was agreed to. McCollum (MN) Sa´ nchez, Linda REPORT ON RESOLUTION PRO- McDermott T. Watson The result of the vote was announced McGovern Sanchez, Loretta Waxman VIDING FOR CONSIDERATION OF as above recorded. McIntyre Sarbanes Welch (VT) H.R. 5818, NEIGHBORHOOD STA- Mr. TIAHRT. Madam Speaker, I McNerney Schakowsky Wexler BILIZATION ACT OF 2008 move to reconsider the vote. McNulty Schiff Wilson (OH) Meek (FL) Schwartz Woolsey Mr. HASTINGS of Florida, from the MOTION TO TABLE OFFERED BY MR. HASTINGS Meeks (NY) Scott (GA) Wynn Committee on Rules, submitted a priv- OF FLORIDA Melancon Scott (VA) Yarmuth ileged report (Rept. No. 110–621) on the Mr. HASTINGS of Florida. Madam NOES—180 resolution (H. Res. 1174) providing for Speaker, I move that the motion to re- consideration of the bill (H.R. 5818) to consider be laid on the table. Aderholt Forbes McMorris Akin Fortenberry Rodgers authorize the Secretary of Housing and The SPEAKER pro tempore. The Alexander Fossella Mica Urban Development to make loans to question is on the motion to table. Bachmann Foxx Miller (FL) States to acquire foreclosed housing The question was taken; and the Barrett (SC) Franks (AZ) Miller (MI) and to make grants to States for re- Speaker pro tempore announced that Bartlett (MD) Frelinghuysen Miller, Gary Barton (TX) Gallegly Moran (KS) lated costs, which was referred to the the ayes appeared to have it. Biggert Gerlach Murphy, Tim House Calendar and ordered to be RECORDED VOTE Bilbray Gingrey Musgrave printed. Bilirakis Gohmert Myrick Mr. TIAHRT. Madam Speaker, I de- f Bishop (UT) Goode Neugebauer mand a recorded vote. Blackburn Goodlatte Nunes Blunt Paul REPORT ON RESOLUTION PRO- A recorded vote was ordered. Granger VIDING FOR CONSIDERATION OF The SPEAKER pro tempore. This Boehner Graves Pearce Bonner Hall (TX) Pence SENATE AMENDMENTS TO H.R. will be a 5-minute vote. Bono Mack Petri Hastings (WA) 3221, FORECLOSURE PREVENTION Boozman Pickering The vote was taken by electronic de- Hayes Boustany Pitts ACT OF 2008 vice, and there were—ayes 216, noes 180, Heller Brady (TX) Platts Hensarling Mr. HASTINGS of Florida, from the not voting 36, as follows: Broun (GA) Poe Hobson Brown (SC) Porter Committee on Rules, submitted a priv- [Roll No. 266] Hoekstra Brown-Waite, Price (GA) ileged report (Rept. No. 110–622) on the Inglis (SC) AYES—216 Ginny Putnam Issa resolution (H. Res. 1175) providing for Abercrombie Clarke Farr Buchanan Radanovich Johnson (IL) consideration of the Senate amend- Ackerman Clay Fattah Burgess Ramstad Jordan Allen Cleaver Filner Buyer Regula ments to the bill (H.R. 3221) moving the Keller Altmire Clyburn Foster Calvert Rehberg United States toward greater energy King (IA) Arcuri Cohen Frank (MA) Camp (MI) Reichert King (NY) independence and security, developing Baca Conyers Giffords Cannon Renzi Baldwin Cooper Cantor Kingston Reynolds innovative new technologies, reducing Gillibrand Kirk Barrow Costa Gonzalez Capito Rogers (AL) carbon emissions, creating green jobs, Bean Costello Carter Kline (MN) Rogers (KY) protecting consumers, increasing clean Gordon Knollenberg Becerra Courtney Green, Al Castle Rogers (MI) renewable energy production, and mod- Berkley Cramer Chabot Kuhl (NY) Rohrabacher Green, Gene Berman Crowley Crenshaw LaHood Ros-Lehtinen ernizing our energy infrastructure, and Grijalva Berry Cuellar Cubin Lamborn Roskam Gutierrez to amend the Internal Revenue Code of Bishop (GA) Cummings Culberson Latham Royce Hall (NY) 1986 to provide tax incentives for the Bishop (NY) Davis (AL) Davis (KY) LaTourette Ryan (WI) Hare Blumenauer Davis (CA) Davis, David Latta Sali production of renewable energy and en- Boren Davis (IL) Harman Davis, Tom Lewis (CA) Saxton ergy conservation, which was referred Boswell Davis, Lincoln Hastings (FL) Deal (GA) Lewis (KY) Schmidt Herseth Sandlin to the House Calendar and ordered to Boucher DeGette Dent Linder Sensenbrenner be printed. Boyd (FL) Delahunt Higgins Diaz-Balart, L. LoBiondo Sessions Boyda (KS) DeLauro Hill Diaz-Balart, M. Lucas Shadegg f Brady (PA) Dingell Hinchey Drake Lungren, Daniel Shays Braley (IA) Doggett Hinojosa Dreier E. Shimkus MOTION TO INSTRUCT CONFEREES Brown, Corrine Donnelly Hirono Duncan Mack Shuster ON H.R. 2419, FOOD AND ENERGY Capps Doyle Hodes Ehlers Manzullo Simpson SECURITY ACT OF 2007 Capuano Edwards Holden Emerson Marchant Smith (NE) Cardoza Ellison Holt English (PA) McCarthy (CA) Smith (NJ) Mr. FLAKE. Madam Speaker, I have Carnahan Ellsworth Honda Everett McCaul (TX) Smith (TX) a motion at the desk. Carney Emanuel Hoyer Fallin McCotter Souder The SPEAKER pro tempore (Ms. Castor Engel Inslee Feeney McCrery Stearns Cazayoux Eshoo Israel Ferguson McHugh Sullivan DEGETTE). The Clerk will report the Chandler Etheridge Jackson (IL) Flake McKeon Tancredo motion.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MY7.060 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3103 The Clerk read as follows: Congress and ask for ad hoc disaster all know he is ever-vigilant on budget Mr. Flake moves that the managers on the bills year after year. We have found matters, would very much like bring- part of the House at the conference on the that balance in the manager’s amending disaster on the budget where it is disagreeing votes of the two Houses on the ment.’’ Again, that was in 2002. paid for rather than rely on ad hoc dis- Senate amendment to the bill H.R. 2419 (an We were told if we passed the bill in aster payments that are not paid for, Act to provide for the continuation of agri- 2002, we wouldn’t have to come back that are emergency spending. And so cultural programs through fiscal year 2012) again and again for disaster payments. that is what I want to focus on during be instructed not to recede to the provisions But guess what, we were back the next contained in subtitle A of title XII of the the balance of my time. Senate amendment (relating to a permanent year and the next year and the next We know that in our great Nation agriculture disaster assistance program). year with disaster payments; and we there will be production circumstances The SPEAKER pro tempore. Pursu- are being asked again here to include a causing disaster losses, and we know ant to the rule, the gentleman from Ar- permanent disaster title. Now believe that these are going to move around. izona (Mr. FLAKE) and the gentleman me, if we do this, next year we will be This is the U.S. drought monitor for from North Dakota (Mr. POMEROY) will asked to add disaster payments again midsummer 2006. We see a broad pat- each be recognized for 30 minutes. and the next year again and again. tern of drought. The very next year we The Chair recognizes the gentleman This is nothing more than an effort to had other parts of the country facing a from Arizona. increase the baseline, to increase more drought threat that really could Mr. FLAKE. Madam Speaker, this subsidies going out to farmers. produce disaster losses. motion to instruct conferees is simple. Representative POMEROY said in 2002: b 1945 It would urge the farm bill conferees to ‘‘There is a better way to go than to not include a new permanent disaster add ad hoc year-to-year disaster bills So we know that someplace in the program contained in the Senate- that leave the farmer and their lenders country we’re going to have extraor- passed farm bill. The Senate-passed and their creditors not knowing where dinary circumstances that will lit- farm bill included a new and perma- they stand. The better way is to put it erally threaten the family farmers in nent disaster program which has been in the farm bill, just like this bill that region. estimated to cost an additional $5.1 bil- does.’’ Well, why don’t we just move ahead lion. Let me remind you, that bill was then and, with this farm bill oppor- First of all, I want to commend the passed. We did exactly what these tunity, address that issue, and that’s House for not including the disaster Members said we should do in order to precisely where the conferees are in title. It is not needed. We end up pay- avoid ad hoc disaster payments hence- terms of completing their work on this ing far more than we should in the reg- forth. Guess what, we didn’t. We have farm bill. They have a disaster compo- ular subsidy programs; but to add a seen those payments again and again. nent of this bill. It is paid for in the permanent disaster title is simply Now we are being asked to include a spending of the farm bill; no off-budg- heaping too much on the taxpayers. As permanent disaster title, only to see et, no emergency spending. It’s paid for I go through some of this, you will see these payments again and again. It is in the farm bill. And what’s more, it why. simply too much. involves important reforms as well. When do we stand up and say enough According to the Congressional Re- I expect my friend, Mr. FLAKE, and I is enough? The taxpayer is on the hook search Service, since 1989 Congress has agree that when you have ad hoc pro- for too much. passed 35 appropriations authorizations gram, you don’t necessarily have the Madam Speaker, I reserve the bal- reins around the spending as you’d or farm disaster acts that have added ance of my time. like. more than $60 billion in supplemental Mr. POMEROY. Madam Speaker, I This bill is very spelled out. It only funding to USDA programs with just respond to the constructive tone of the pays if the entire farm suffers a dis- under 8 percent of that coming in the proponent of the motion to instruct last 10 years. An analysis by the Envi- with just a few words of explanation. aster loss as defined in the statute. ronmental Working Group showed the Essentially there are two risks that Earlier ad hoc programs will pay if just Federal Government provided $26 bil- farmers cannot control. One of them is a portion of the farm is hit with dis- lion in disaster relief payments be- if the prices collapse. And we have seen aster-type losses. This is whole farm tween 1985 and 2005. Congress spent prices collapse often in the years I have loss that’s provided for. more than $8 billion in disaster pay- been in the House below the cost of And we require the farmer to main- ments between 2002 and 2006, with an raising the crop. In that circumstance, tain crop insurance. We don’t want additional $3.4 billion being made farmers need help. anybody relying on this disaster pro- available for the 2008 omnibus for dis- We also see the risk of production gram as their risk protection. They’ve aster payments for losses between 2005 failure where weather and natural dis- got to provide for their own risk pro- and 2007. asters produce a broad crop failure. tection with crop insurance, and this So you see, we have regular subsidy Well, the 2002 farm bill referenced by would only cover additional losses in programs that are awfully big, and my friend, Mr. FLAKE, restored protec- the event of a disaster situation. then we are being asked to add a dis- tion for farmers when prices collapse. You might ask, why do you need that aster title on top of that. When we de- Prior to that restoration, we had a if you’ve got crop insurance? And it’s bated the bill in 2002, the 2002 farm bill, farm bill that did not respond when well known that crop insurance leaves the idea was to stop the expensive dis- prices collapsed, and during the late a significant percentage of the farmers’ aster assistance payments. Former 1990s we sought not one but two, maybe costs exposed. Senator Daschle said at that time: ‘‘We even three disaster bills to respond to Now, let me just tell you, as I wrap are getting rid of these ad hoc disaster the price collapse. The 2002 farm bill up, why this is so important. We have payments approaches. We are actually fixed that, and with price support pay- farmers putting in the most expensive bringing down the cost of the Federal ments that trigger when prices hit a crop in the history of U.S. agriculture. program.’’ certain low level, we have not had to The bankers that I have been visiting So in essence we were basically income the disaster route to deal with with in recent days have told me that cluding permanent disaster relief with- price collapse again. The result has operating loans to our farmers are run- in the farm program in 2002. Or that is been a tremendous savings for tax- ning 30 percent above the amounts last what was said at the time. And now we payers. We have a farm bill that only year because of the extraordinary costs are being asked again, let’s add an- pays out when farmers need it, and bil- our farmers are encountering. other disaster title because we simply lions of dollars have been reduced from I had a farmer tell me today that aren’t subsidizing enough. the baseline for agriculture because the putting in his crop near Edgeley, North Representative LUCAS of Oklahoma pricing environment has not required Dakota ran $10,000 a day just for the said during that debate: ‘‘On the com- the Federal Government to step in fuel burned by the three tractors. mittee, both Republicans and Demo- with price support. $10,000 a day. That means, while farm- crats worked to find a balanced bill so Now as a matter of budget principle, ers usually put it all on the table and we would not have to come back to I would think that Mr. FLAKE, and we take enormous risk at the beginning of

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.105 H06MYPT1 jbell on PROD1PC69 with HOUSE H3104 CONGRESSIONAL RECORD — HOUSE May 6, 2008 a planting season, this year, more than to qualify, a rancher had to be in a I think all of us, in our candid mo- ever before, they’ve got it all hanging county that suffered from a drought ments, realizes is out of control. We out there. And if we don’t have protec- and declared a disaster by the Agri- have subsidies going here that are well tions, those farmers that might find culture Secretary in 2001 or 2002. Legis- beyond what is required and necessary themselves in a disaster loss situation lation was approved by Congress to ex- and right and proper. Yet, we continue would take a hit that might very well tend the livestock program into Janu- to do this simply because it makes for threaten the continuation of that fam- ary of 2003 as well. good politics. I would think that we’re ily farm. Let me just give you one example of better than that. So we think the best way to deal how this works. I’ll go to this chart I would think that we can rise up, at with this prospect of disaster losses is later. But all you have to do is to be in least now, as the House did, frankly, to put it in the farm bill, make sure a county where some kind of disaster is and say, we shouldn’t have a perma- that it’s paid for, provided in the budg- declared. The rules were loosened so it nent disaster title. Again, I want to et, and that’s precisely what we have didn’t even have to be a weather-recommend the House for doing that. But done. lated disaster. Something else could this is why this motion is to instruct I would resist the motion to instruct, trigger it as well. And all a farmer had the conferees to go with the House and urge my colleagues to vote ‘‘no.’’ to do is say, or a rancher had to do is version and not the Senate version. I yield back the balance of my time. say, I am from this county, therefore I And I would ask my colleague, I Mr. FLAKE. The gentleman men- deserve payment. Per head livestock would yield for just a minute, if you tioned that having these permanent payment. And that was paid out. would, if we felt that a disaster title disaster titles built into the budget And you had counties that had no was so needed, why wasn’t it included would be a good thing so we don’t have disaster at all, or parts of counties, in in the House bill, and why did we rely the ad hoc disaster programs. I agree, Arizona we have large counties, only 15 on the Senate to have it? it would be. But we’ve done that. in the State, so you have parts of coun- I yield 30 seconds to the gentleman. That’s how the last firm bill was sold ties that perhaps weren’t suffering any Mr. POMEROY. I thank the gen- to us; that yes, it’s a bit bloated; yes, disaster at all where people were col- tleman for yielding. Because I yielded it’s bigger than you’d like, but it’s lecting payments. back my time, anticipating you were going to include disaster payment so But what you also had, and this will rising to close, if you would give me we don’t have to do ad hoc stuff any- demonstrate the absurdity of the pro- leave, I’ll have about 2 minutes, 3 min- more. We’re going to build it into the gram we have now and the eligibility utes of answers to that. budget. rules. In Texas here, on February 1, Mr. FLAKE. I will gladly yield. I read several quotes. There are sev- 2003, we had a very unfortunate inci- Mr. POMEROY. I thank my friend. eral more. Let me just read one more. dent where the Space Shuttle Columbia First, there have been mistakes made Representative Combest of Texas said, exploded over Texas, upon re-entry. It in the administration of farm pro- ‘‘There is a safety net which is built scattered over a certain part of the grams. And, for example, the gentle- into the program. I think, to my budg- State. The President declared certain man’s illustration about the Texas et conscious colleagues, of which I am counties in Texas a disaster area in ranch issue relative to the space shut- one, this is more of an honest way to order to have emergency services go tle tragedy, that was not under an ad deal with this problem than ad hoc dis- and collect the debris. hoc disaster bill, but we believe it was Because that was a national or, I’m aster bill after disaster bill after dis- very poor administration of relief sorry, a disaster declared in certain aster bill after disaster bill.’’ under another program called section counties, all ranchers had to do in Now, that sounds just like what we 32. We would hope that never happens those counties is claim there’s a dis- heard. This was in 2002. And we’ve had again. Action is taken here to make aster; I’m going to collect benefits for many ad hoc disaster bills pass since certain that it doesn’t. my livestock. And you had, literally, that time. I guarantee you, if we pass The disaster bill precludes losses on millions of dollars paid out to ranchers this, with this large disaster bill at- livestock. Moreover, they can only go for their livestock because of a dis- in areas designated by the Secretary as tached to it, we’ll see more disaster aster, a space shuttle exploding over having sustained a disaster loss; at bills after this time. Texas. The gentleman mentioned that dis- Now, that will give you some idea of which time, in the legislation, it’s aster bills come to fill in the gaps when the eligibility rules that apply here. specified that the whole farm of the ap- there are bad crop years. That’s the This, we make no effort in this legisla- plicant has to suffer a qualifying loss. purpose of it. In fact, we subsidize crop tion, nor have we made any effort in So no more if you happen to live in an disaster insurance to the tune of about any others to really seriously tighten area where somebody else got hit, we $3 billion a year, I believe. We’ve had up these eligibility rules. And that is got a check for you. That’s done, and many programs, many bills to do that. simply wrong to do this. tightened up considerably under this But it hasn’t seemed to work because We are embarking again, let me re- program. we keep funding on top of that. mind you, in 2002 we were told, let’s in- We think that all of those are good If you look at this chart, this chart clude a bigger bill, let’s have a bigger government provisions. We also ad- will show 2002 through 2006, these were bill that will include disaster relief, dressed in the 2002 bill, and expect it to not particularly bad years. In the red and then we won’t need to come back anticipate continuing in this bill, price you will see the subsidies that were anymore. We’ll include it in the base support protection in the farm bill. So given during this time. In the yellow bill. That’s better budgeting. we have not had, since 2002, a disaster you’ll see disaster payments added on That’s exactly what we’re hearing bill to respond to collapsed prices in top of the programs. So you see, in today, the same thing, but with no the marketplace. We expect that that good years, in bad, it doesn’t matter. promise that we’ll actually get rid, or would absolutely continue. We’ve got a We seem to have crop disaster pro- that we’ll actually cut other programs, provision in the farm bill to respond to grams and money paid out every time, go into the commodity programs, that. No ad hoc disaster required for no matter what. shave money here to pay it here. No, price collapse. This next chart is quite telling. we’re just increasing the baseline sub- And then the gentleman’s question to Shortly before the 2002 Congressional stantially. me, I forgot. I yield back for clarifica- elections, the Bush administration And I should note, this is not paid for tion, and I’ll respond directly. faced growing pressure from ranchers in the bill. The permanent disaster re- Mr. FLAKE. Well, I’d just like to ask and politicians in a handful of western lief is above the base line. We’re having the gentleman. In 2002 didn’t we hear States that were hit hard by drought. to charge fees somewhere else to pay exactly what we’re hearing today, that There was pressure to actually do for this. So it’s not in the bill. It’s not if we include a permanent disaster something to help these ranchers. paid for. It’s actually above the base- title, that there will be no more need The USDA responded with a plan to line. for disaster relief beyond this year? give ranchers cash payments based on So let me just urge my colleagues, Mr. POMEROY. Well, I can only how much livestock they owned. Now, you know, we have a program here that speak for the comments the gentleman

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.107 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3105 quoted from my own debate. And what These are areas that have received ple of minutes of my time back, 2 min- I was so happy about the 2002 bill is we disaster payments in 11 of the past 21 utes of my time back, to basically put were restoring a safety net for farmers years. When you think disaster pay- in perspective some of the points the when prices collapsed. During the ear- ments, you think this is something gentleman has raised; and then you lier farm bill, known as Freedom to that happens once every decade or once might want to reserve your time so Farm, that protection had been taken every century or something that is an you have the opportunity to close. away and we had to resort to ad hoc odd occurrence. It doesn’t always Mr. FLAKE. Madam Speaker, I will disaster bills when the prices collapsed. occur. Yet here we see, look at these reserve. We took care of that in the last firm dots here. One, you can tell they’re Mr. POMEROY. Madam Speaker, I bill and we have not had a disaster bill highly concentrated. Certain areas ask for 2 minutes of my time back that on that since. keep going back for more again and I yielded. This disaster bill relates to produc- again and again. These areas where you Mr. FLAKE. Madam Speaker, I will tion loss. And we’re always going to see the dots received disaster payments yield 2 minutes to the gentleman. Mr. POMEROY. Madam Speaker, I have disasters in our country that be- 11 out of the last 21 years. One dot will speak under Mr. FLAKE’s time, and devil some of our farmers relative to equals one recipient here. disaster dimension losses. We put them Now 11 out of the past 21 years, if you thank you for yielding. The reason I yielded back was be- in the budget. We specify in tight re- do the math right, that’s better than cause I thought this was about ready to form language how the losses would be once every 2 years people are coming draw to a close. There are a couple of compensated. And we think it’s good back for disaster payments, cata- points that I do want to make and be- budgeting. strophic losses of some type or an- Mr. FLAKE. Reclaiming my time, we lieve the record needs to make clear. other. So the notion that we’re taking heard some of these same arguments in First, under the last farm bill, we 2002, that we had tightened things up, care of it all, that we won’t have any haven’t added billions. We’ve reduced and that we wouldn’t have the ability more catastrophic disasters, I think is billions from the baseline for agri- to game the system. Yet I mentioned blown away by this chart because we culture. Because we stopped the ad hoc the shuttle disaster as one of the more see again and again. disaster response when prices col- egregious examples. There are plenty Another thing that’s quite notable lapsed, we had a provision in the farm of others. with this chart is you see there is a bill to respond when prices collapsed. For example, after the Katrina dis- very political disbursement here. I will Guess what? Prices did not collapse, aster, part of the programs that we point out one place, right here at the and the farm bill did not need to ex- have allow, if prices drop substantially, top of Arkansas. You will see a smat- tend itself to help farmers. The market that prices can be locked in at a cer- tering of dots where this represents, took care of the farmers. That saved, tain price, and then farmers can go sell believe me, millions and millions and over the last farm bill, $18 billion off of on the market afterwards. The system millions of taxpayer dollars going to the baseline in commodity payments. was gamed at that point; to the loss, to disaster relief. But something funny Now, what happens as we try to build the tune of a couple of billion dollars. happens here. Once you cross the State the farm bill this year? It means we These were imaginary losses. These line into Missouri, virtually no dots at have $18 billion less to do it. We have were not real losses. all. Very little was received at all. come up with a farm bill that has addi- Mr. POMEROY. Will the gentleman Now, unless droughts respect State tional spending, every dollar of it paid yield on that? boundaries right along the State line, for without raising taxes. Mr. FLAKE. Just 15 seconds, if I or a tornado is deterred by a barbed And so this farm bill is a very tightly could. wire fence, then this is political. There constructed, paid-for farm bill in con- Mr. POMEROY. We fixed the Katrina is no other way to explain this. You trast to the last farm bill where $73 bil- issue. That’s another provision, not a look down here near the panhandle of lion was added to the baseline, none of disaster provision. That’s a provision Florida into Georgia and whatnot, it paid for, under the Republican ma- that relates to what’s called beneficial there are a lot, and then as soon as you jority that previously ruled this Con- interest, and we make adjustments re- cross over that State line, virtually gress. forms along the lines sought by the nothing. The final point I would make is that White House on that one. What this suggests to me, and I’m we are going to have disasters. They b 2000 sure anybody who looks at it in candor will threaten the very continuation of would say, There’s probably a very ac- Mr. FLAKE. Madam Speaker, I would family farms across this country. It de- tive farm service organization there simply say in response to that, this is pends who happens to be afflicted with that is applying for these grants and what we heard in 2002, that we have the disaster at a certain point in time. fixed these loopholes, that this has going after that drought relief for The option before this Congress is tightened up. We won’t have to have ad whatever it’s for. we’re either going to prefund, pay for, But you have to concede there is no hoc disaster payments. There are sev- and budget a disaster response antici- other way to explain this than to see eral types. I mentioned the number of pating these losses, or we’re going to bills that have been passed to provide that this is extremely political. That’s continue to rely on ad hoc, off-the- this type of disaster relief, whether it how it happens. That’s how it happened budget responses, which we believe is a was for livestock or crop loss or some- after 2002 when the White House was less responsible way to proceed. thing else. We just passed a myriad of under much pressure to provide dis- I thank the gentleman for yielding bills to do that. And every time we aster relief before the election was and allowing me to make these rebut- hear, We’ve tightened it up; if you just coming up. It doesn’t just happen tal points. give us a little higher baseline, if you under Democrat’s administrations; it Mr. FLAKE. Madam Speaker, I would just increase it a little more, then we happens under Republicans and every- yield 15 seconds. The question I had promise we won’t come back again and one. We shouldn’t allow this to happen. asked before of the gentleman is why again and again. And here we are. Let me just close by saying, again, didn’t the House include the disaster. We’re back doing the same thing again. we heard this in 2002, we’re hearing it Mr. POMEROY. I thank the gen- I would submit, Madam Speaker, again. We bought it then. We shouldn’t tleman for yielding. that we simply can’t do this any more. have. Let’s not include this $5.1 billion Essentially, we didn’t have the fund- We simply can’t do this. disaster program. I’m hearing that it’s ing in place to support a paid-for dis- Let me go to this chart for a minute. down to $3.8. That’s maybe a good sign. aster bill. Later, negotiations between May I inquire as to the time remain- Mr. POMEROY. If the gentleman House and Senate negotiators, and I ing? would yield, I think it’s the gentle- have been right in the middle of it, The SPEAKER pro tempore. The gen- man’s motion so he has the right to found ways to fund the bill, and at that tleman has 15 minutes remaining. close. point in time, the disaster title came Mr. FLAKE. I assure my colleagues I Mr. FLAKE. I would yield 15 seconds. back in. won’t take my entire 15 minutes, but Mr. POMEROY. Actually, I’m going Mr. FLAKE. Madam Speaker, I thank let me point out this chart right here. to ask unanimous consent to get a cou- the gentleman.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.108 H06MYPT1 jbell on PROD1PC69 with HOUSE H3106 CONGRESSIONAL RECORD — HOUSE May 6, 2008 I should note, as I did before, this is ADJOURNMENT 6406. A letter from the Director, Regu- not below the baseline. There is only latory Management Division, Environmental Mr. POMEROY. Madam Speaker, I Protection Agency, transmitting the Agen- room because we’re going well above move that the House do now adjourn. the baseline. We’re actually charging cy’s final rule — Metconazole; Pesticide Tol- The motion was agreed to; accord- erance [EPA-HQ-OPP-2006-0855; FRL-8360-5] fees or doing some other things to free ingly (at 8 o’clock and 8 minutes p.m.), received April 23, 2008, pursuant to 5 U.S.C. up offset money to actually pay for the the House adjourned until tomorrow, 801(a)(1)(A); to the Committee on Agri- disaster. Wednesday, May 7, 2008, at 10 a.m. culture. 6407. A letter from the Assistant Secretary Mr. POMEROY. If I just can respond f briefly. for Health Affairs, Department of Defense, Mr. FLAKE. Sure. OATH OF OFFICE MEMBERS, RESI- transmitting the Department’s Evaluation of DENT COMMISSIONER, AND DEL- the TRICARE Program for Fiscal Year 2008, Mr. POMEROY. Madam Speaker, the EGATES pursuant to 10 U.S.C. 1073 note; to the Com- ad hoc disaster programs that we have mittee on Armed Services. passed did not figure into the agri- The oath of office required by the 6408. A letter from the Assistant Secretary culture baseline so they have not sixth article of the Constitution of the for Installations and Environment, Depart- counted. United States, and as provided by sec- ment of the Navy, Department of Defense, tion 2 of the act of May 13, 1884 (23 transmitting notice of the completion of a Additionally, the baseline that we’re public-private competition at the Fleet operating under for this farm bill is Stat. 22), to be administered to Mem- bers, Resident Commissioner, and Dele- Readiness Center — East (formerly Naval Air below the baseline that we operated Systems Command Naval Air Depot — Cher- under for the last farm bill. gates of the House of Representatives, ry Point) in Havelock, NC, pursuant to 10 Mr. FLAKE. I thank the gentleman. the text of which is carried in 5 U.S.C. U.S.C. 2462(a); to the Committee on Armed I should note that the gentleman 3331: Services. 6409. A letter from the Principal Deputy mentioned that we’ve cut billions of ‘‘I, AB, do solemnly swear (or affirm) that I will support and defend Under Secretary for Personnel and Readi- dollars since the last farm bill. We ness, Department of Defense, transmitting haven’t cut anything. The reason that the Constitution of the United States against all enemies, foreign authorization of Colonel Daniel O. Wyman, not as much has been paid out under United States Air Force, to wear the insignia and domestic; that I will bear true countercyclical or some of the other of the grade of brigadier general in accord- programs is being a product of high faith and allegiance to the same; ance with title 10, United States Code, sec- prices, and that’s as the program that I take this obligation freely, tion 777; to the Committee on Armed Serv- works. But I should note that even without any mental reservation or ices. 6410. A letter from the Under Secretary for though there have been high prices, purpose of evasion; and that I will well and faithfully discharge the Personnel and Readiness, Department of De- we’re still having disasters seemingly fense, transmitting letter on the approved everywhere with very loose definitions duties of the office on which I am about to enter. So help me God.’’ retirement of General Dan K. McNeill, of what a disaster is, and I would sug- United States Army, and his advancement to gest that we will have those again, has been subscribed to in person and the grade of general on the retired list; to whether or not we include a permanent filed in duplicate with the Clerk of the the Committee on Armed Services. disaster title. That’s what experience House of Representatives by the fol- 6411. A letter from the Under Secretary for Personnel and Readiness, Department of De- tells us. That’s what we’ve learned just lowing Member of the 110th Congress, pursuant to the provisions of 2 U.S.C. fense, transmitting letter on the approved over the past few years. It doesn’t mat- retirement of General Burwell B. Bell III, ter if you include a permanent disaster 25: United States Army, and his advancement to title or you include this under the DONALD J. CAZAYOUX, Jr., Louisiana, the grade of general on the retired list; to baseline, you will have disaster pay- Sixth. the Committee on Armed Services. ments go out. f 6412. A letter from the Secretary, Depart- And my plea would be let’s stand for ment of Defense, transmitting a letter on the EXECUTIVE COMMUNICATIONS, approved retirement of Lieutenant General the taxpayer here. We don’t often do ETC. John G. Castellaw, United States Marine that in the Congress. Let’s say that Under clause 8 of rule XII, executive Corps, and his advancement to the grade of enough is enough, that we can’t con- communications were taken from the lieutenant general on the retired list; to the tinue to pay out money on top of Committee on Armed Services. Speaker’s table and referred as follows: money that we said we weren’t going 6413. A letter from the Director, Adminis- to pay out. 6402. A letter from the Director, Regu- tration and Management, Department of De- latory Management Division, Environmental fense, transmitting Certification that the Again, I thank my colleagues for Protection Agency, transmitting the Agen- total cost for the planning, design, construc- their indulgence. I know we went a lit- cy’s final rule — Pyraclostrobin; Pesticide tion and installation of equipment for the tle longer than we thought. Tolerance for Emergency Exemptions [EPA- renovation of wedges 2 through 5 of the Pen- I would urge support for this motion HQ-OPP-2008-0003; FRL-83590-7] received tagon Reservation, cumulatively, will not to instruct. April 18, 2008, pursuant to 5 U.S.C. exceed four times the total cost for the plan- 801(a)(1)(A); to the Committee on Agri- ning, design, construction, and installation Let’s keep what the House did and re- culture. ject the disaster title that the Senate of equipment for the renovation of wedge 1, 6403. A letter from the Director, Regu- pursuant to Public Law 108-287, section 8055; put in. latory Management Division, Environmental to the Committee on Armed Services. I yield back the balance of my time. Protection Agency, transmitting the Agen- 6414. A letter from the Secretary, Depart- The SPEAKER pro tempore. Without cy’s final rule — Cyazofamid; Pesticide Tol- ment of Health and Human Services, trans- objection, the previous question is or- erances [EPA-HQ-OPP-2007-0872; FRL-8360-4] mitting the Department’s report entitled, dered on the motion to instruct. received April 18, 2008, pursuant to 5 U.S.C. ‘‘Report to Congress on the Social and Eco- 801(a)(1)(A); to the Committee on Agri- nomic Conditions of Native Americans: Fis- There was no objection. culture. cal Years 2001 and 2002,’’ pursuant to Section The SPEAKER pro tempore. The 6404. A letter from the Director, Regu- 811A of the Native American Programs Act question is on the motion to instruct latory Management Division, Environmental of 1974; to the Committee on Education and offered by the gentleman from Arizona Protection Agency, transmitting the Agen- Labor. (Mr. FLAKE). cy’s final rule — Thiamethoxam; Pesticide 6415. A letter from the Secretary, Depart- Tolerances [EPA-HQ-OPP-2008-0139; FRL- The question was taken; and the ment of Labor, transmitting a copy of pro- 8359-9] received April 18, 2008, pursuant to 5 posed legislation to improve enforcement of Speaker pro tempore announced that U.S.C. 801(a)(1)(A); to the Committee on Ag- the Labor-Management Reporting and Dis- the noes appeared to have it. riculture. closure Act of 1959; to the Committee on Mr. FLAKE. Madam Speaker, on that 6405. A letter from the Director, Regu- Education and Labor. I demand the yeas and nays. latory Management Division, Environmental 6416. A letter from the Chairperson, Na- The yeas and nays were ordered. Protection Agency, transmitting the Agen- tional Council on Disabilities, transmitting cy’s final rule — Pyraclostrobin; Pesticide the Council’s report entitled, ‘‘Empower- The SPEAKER pro tempore. Pursu- Tolerance [EPA-HQ-OPP-2007-0906; FRL-8355- ment for Americans with Disabilities: Break- ant to clause 8 of rule XX, further pro- 4] received March 19, 2008, pursuant to 5 ing Barriers to Careers and Full Employ- ceedings on this question will be post- U.S.C. 801(a)(1)(A); to the Committee on Ag- ment’’; to the Committee on Education and poned. riculture. Labor.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MY7.111 H06MYPT1 jbell on PROD1PC69 with HOUSE May 6, 2008 CONGRESSIONAL RECORD — HOUSE H3107 6417. A letter from the Director, Regu- 6426. A letter from the Director, Regu- Protection Agency, transmitting the Agen- latory Management Division, Environmental latory Management Division, Environmental cy’s final rule — Approval and Promulgation Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- of Implementation Plans Kentucky: Ten- cy’s final rule — Withdrawal of Federal Im- cy’s final rule — Approval and Promulgation nessee Valley Authority Paradise Facility plementation Plans for the Clean Air Inter- of Air Quality Implementation Plans; Indi- State Implementation Plan Revision [EPA- state Rule in 12 States [EPA-HQ-OAR-2007- ana; Revisions to Particulate Matter Rules R04-OAR-2007-1091-200813; FRL-8559-1] re- 0510; FRL-8556-1] received April 18, 2008, pur- [EPA-R05-OAR-2007-1177; FRL-8559-7] received April 23, 2008, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived April 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and Commerce. 6418. A letter from the Director, Regu- Commerce. 6435. A letter from the Director, Regu- latory Management Division, Environmental 6427. A letter from the Director, Regu- latory Management Division, Environmental Protection Agency, transmitting the Agen- latory Management Division, Environmental Protection Agency, transmitting the Agen- cy’s final rule — Petition for Reconsider- Protection Agency, transmitting the Agen- cy’s final rule — Regulation of Fuels and ation and Withdrawal of Findings of Signifi- cy’s final rule — LAND DISPOSAL RE- Fuel Additives: Revised Definition of Sub- cant Contribution and Rulemaking for Geor- STRICTIONS: Site-Specific Treatment Vari- stantially Similar Rule for Alaska [EPA-HQ- gia for Purposes of Reducing Ozone Inter- ance for P and U-listed Hazardous Mixed OAR-2007-0071; FRL-8557-8] (RIN: 2060-AN94) state Transport [EPA-HQ-OAR-2004-0439, Wastes Treated by Vacuum Thermal received April 23, 2008, pursuant to 5 U.S.C. FRL-8556-2] (RIN: 2060-AN12) received April Desorption at the EnergySolutions’ Facility 801(a)(1)(A); to the Committee on Energy and 18, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to in Clive, Utah [EPA-HQ-RCRA-2007-0936; Commerce. the Committee on Energy and Commerce. FRL-8560-1] received April 25, 2008, pursuant 6436. A letter from the Director, Regu- 6419. A letter from the Director, Regu- to 5 U.S.C. 801(a)(1)(A); to the Committee on latory Management Division, Environmental latory Management Division, Environmental Energy and Commerce. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 6428. A letter from the Director, Regu- cy’s final rule — Outer Continental Shelf Air cy’s final rule — Approval and Promulgation latory Management Division, Environmental Regulations Consistency Update for Cali- of Air Quality Implementation Plans; Vir- Protection Agency, transmitting the Agen- fornia [OAR-2004-0091; FRL-8542-3] received ginia; Incorporation of On-board Diagnostic cy’s final rule — Extension of Deadline for Testing and Other Amendments to the Motor April 23, 2008, pursuant to 5 U.S.C. Action on Section 126 Petition From Warrick 801(a)(1)(A); to the Committee on Energy and Vehicle Emission Inspection Program for the County, Indiana, and the Town of Newburgh, Northern Virginia Program Area [EPA-R03- Commerce. Indiana [EPA-HQ-OAR-2008-0314; FRL-8559-9] 6437. A letter from the Director, Regu- OAR-2007-0185; FRL-8555-5] received April 18, received April 25, 2008, pursuant to 5 U.S.C. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and Protection Agency, transmitting the Agen- Committee on Energy and Commerce. Commerce. 6420. A letter from the Director, Regu- cy’s final rule — Control of Emissions of Air 6429. A letter from the Director, Regu- Pollution from Locomotive Engines and Ma- latory Management Division, Environmental latory Management Division, Environmental Protection Agency, transmitting the Agen- rine Compression-Ignition Engines Less than Protection Agency, transmitting the Agen- 30 Liters per Cylinder [EPA-HQ-OAR-2003- cy’s final rule — Approval and Promulgation cy’s final rule — Approval and Promulgation of Air Quality Implementation Plans; Dela- 0190; FRL-8545-3] (RIN: 2060-AM06) received of Implementation Plans; Alabama Preven- March 19, 2008, pursuant to 5 U.S.C. ware; Transportation Conformity Regula- tion of Significant Deterioration and Non- tions [EPA-R03-OAR-2007-1009; FRL-8555-4] 801(a)(1)(A); to the Committee on Energy and attainment New Source Review [EPA-R04- received April 18, 2008, pursuant to 5 U.S.C. Commerce. OAR-2007-0532-200810, FRL-8560-2] received 801(a)(1)(A); to the Committee on Energy and 6438. A letter from the Director, Regu- April 25, 2008, pursuant to 5 U.S.C. Commerce. latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and 6421. A letter from the Director, Regu- Protection Agency, transmitting the Agen- Commerce. latory Management Division, Environmental cy’s final rule — Completeness Findings for 6430. A letter from the Director, Regu- Protection Agency, transmitting the Agen- Section 110(a) State Implementation Plans latory Management Division, Environmental cy’s final rule — Revocation of Significant for the 8-hour Ozone NAAQS [FRL-8545-6] Protection Agency, transmitting the Agen- New Use Rules on Certain Chemical Sub- (RIN: 2060-AP03) received March 19, 2008, pur- cy’s final rule — Approval and Promulgation stances [EPA-HQ-OPPT-2006-0213; FRL-8358- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of Air Quality Implementation Plans; Dela- 4] (RIN: 2070-AB27) received April 18, 2008, mittee on Energy and Commerce. ware; Control of Stationary Generator Emis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6439. A letter from the Director, Regu- mittee on Energy and Commerce. sions [EPA-R03-OAR-2007-1188 FRL-8559-5] received April 23, 2008, pursuant to 5 U.S.C. latory Management Division, Environmental 6422. A letter from the Director, Regu- Protection Agency, transmitting the Agen- latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and Commerce. cy’s final rule — Approval and Promulgation Protection Agency, transmitting the Agen- of Air Quality Implementation Plans; Lou- cy’s final rule — Finding of Failure to Sub- 6431. A letter from the Director, Regu- latory Management Division, Environmental isiana; Approval of 8-Hour Ozone Section mit State Implementation Plans Required 110(a)(1) Maintenance Plans for the Parishes for the 1997 8-hour Ozone NAAQS [FRL-8545- Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation of Lafayette and Lafourche [EPA-R06-OAR- 5] received March 19, 2008, pursuant to 5 2006-0871; FRL-8545-2] received March 19, 2008, U.S.C. 801(a)(1)(A); to the Committee on En- of Air Quality Implementation Plans; Wis- consin; Redesignation of the Forest County pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. mittee on Energy and Commerce. 6423. A letter from the Director, Regu- Potawatomi Community Reservation to a 6440. A letter from the Attorney-Advisor, latory Management Division, Environmental PSD Class 1 Area [EPA-R05-OAR-2004-WI- Wireline Competition Bureau, Federal Com- Protection Agency, transmitting the Agen- 0002; FRL-8557-6] received April 23, 2008, pur- munications Commission, transmitting the cy’s final rule — Approval and Promulgation suant to 5 U.S.C. 801(a)(1)(A); to the Com- Commission’s final rule — In the Matter of of Implementation Plans Georgia: Enhanced mittee on Energy and Commerce. Rural Health Care Support Mechanism [WC Inspection and Maintenance Plan [EPA-R04- 6432. A letter from the Director, Regu- Docket No. 02-60] received April 15, 2008, pur- OAR-2008-0116-200807a; FRL-8560-3] received latory Management Division, Environmental April 25, 2008, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Approval and Promulgation mittee on Energy and Commerce. Commerce. of Air Quality Implementation Plans; Vir- 6441. A letter from the Chief of Staff, Media 6424. A letter from the Director, Regu- ginia; Section 110(a) 8-Hour Ozone Mainte- Bureau, Federal Communications Commis- latory Management Division, Environmental nance Plan for the White Top Mountain, sion, transmitting the Commission’s final Protection Agency, transmitting the Agen- Smyth County, Virginia 1-Hour Ozone Non- rule — In the Matter of Amendment of Sec- cy’s final rule — National Volatile Organic attainment Area [EPA-R03-OAR-2007-1068; tion 73.202(b), Table of Allotments, FM Compound Emission Standards for Aerosol FRL-8559-6] received April 23, 2008, pursuant Broadcast Stations. (Clayton, Oklahoma) Coatings [EPA-HQ-OAR-2006-0971; FRL-8544- to 5 U.S.C. 801(a)(1)(A); to the Committee on [MB Docket No. 07-227 RM-11405] received 2] (RIN: 2060-AO86) received March 19, 2008, Energy and Commerce. April 15, 2008, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6433. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and mittee on Energy and Commerce. latory Management Division, Environmental Commerce. 6425. A letter from the Director, Regu- Protection Agency, transmitting the Agen- 6442. A letter from the Chief of Staff, Media latory Management Division, Environmental cy’s final rule — National Emission Stand- Bureau, Federal Communications Commis- Protection Agency, transmitting the Agen- ards for Hazardous Air Pollutants: Organic sion, transmitting the Commission’s final cy’s final rule — Approval and Promulgation Liquids Distribution (Non-Gasoline) [EPA- rule — In the Matter of Amendment of Sec- of Air Quality Implementation Plans; Mon- HQ-OAR-2003-0138, FRL-8557-1] (RIN: 2060- tion 73.202(b), Table of Allotments, FM tana; Whitefish PM10 Nonattainment Area A099) received April 23, 2008, pursuant to 5 Broadcast Stations. (Ash Fork and Paulden, Control Plan [EPA-R08-OAR-2007-0367; FRL- U.S.C. 801(a)(1)(A); to the Committee on En- Arizona) [MB Docket No. 07-220 rm-11403] re- 8552-4] received April 23, 2008, pursuant to 5 ergy and Commerce. ceived April 15, 2008, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on En- 6434. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and ergy and Commerce. latory Management Division, Environmental Commerce.

VerDate Aug 31 2005 03:58 May 07, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L06MY7.000 H06MYPT1 jbell on PROD1PC69 with HOUSE H3108 CONGRESSIONAL RECORD — HOUSE May 6, 2008 REPORTS OF COMMITTEES ON such provisions as fall within the jurisdic- By Mr. ROSS (for himself, Mrs. EMER- PUBLIC BILLS AND RESOLUTIONS tion of the committee concerned. SON, Ms. BALDWIN, Mr. BURGESS, Mr. By Mr. TERRY (for himself, Mr. SES- FARR, Mr. CARTER, and Ms. GIF- Under clause 2 of rule XIII, reports of SIONS, Mr. CANTOR, Mr. FOSSELLA, FORDS): committees were delivered to the Clerk Mr. WILSON of South Carolina, Mrs. H. Con. Res. 342. Concurrent resolution ex- for printing and reference to the proper CAPITO, Mr. MARCHANT, and Mr. pressing the sense of Congress that the Food calendar, as follows: BLUNT): and Drug Administration’s (FDA) new policy H.R. 5974. A bill to amend the Internal Rev- Ms. CASTOR: Committee on Rules. House restricting women’s access to medications enue Code of 1986 to provide a Federal in- Resolution 1174. Resolution providing for containing estriol does not serve the public come tax credit for certain home purchases; consideration of the bill (H.R. 5818) to au- interest; to the Committee on Energy and to the Committee on Ways and Means. thorize the Secretary of Housing and Urban Commerce. By Mr. ARCURI (for himself, Mr. PAT- Development to make loans to States to ac- By Ms. CORRINE BROWN of Florida: RICK MURPHY of Pennsylvania, Ms. quire foreclosed housing and to make grants H. Res. 1176. A resolution supporting the CLARKE, Mr. TOWNS, Mr. ISRAEL, Mrs. to States for related costs (Rept. 110–621). goals and ideals of National Train Day; to GILLIBRAND, Mr. ACKERMAN, Mr. HIN- Referred to the House Calendar. the Committee on Transportation and Infra- CHEY, Mr. SERRANO, Mrs. MALONEY of Mr. WELCH of Vermont: Committee on structure. New York, Mrs. LOWEY, Mr. HIGGINS, Rules. House Resolution 1175. Resolution By Ms. SUTTON (for herself, Mr. Mr. BOSWELL, Mr. FOSSELLA, Mr. providing for consideration of the Senate MCDERMOTT, Mr. COHEN, Ms. MCCOL- CROWLEY, Mr. BISHOP of New York, amendments to the bill (H.R. 3221) moving LUM of Minnesota, Mr. MCGOVERN, Mr. REYNOLDS, Mr. MCHUGH, Mr. the United States toward greater energy Ms. BALDWIN, Mr. GRIJALVA, Mr. HALL of Texas, Mr. ENGEL, Mrs. independence and security, developing inno- STARK, Mr. KUCINICH, and Mr. FIL- MCCARTHY of New York, Mr. MCGOV- vative new technologies, reducing carbon NER): ERN, Mr. NADLER, Mr. WALSH of New emissions, creating green jobs, protecting H. Res. 1177. A resolution expressing the York, Mr. KING of New York, Mr. consumers, increasing clean renewable en- sense of the House of Representatives that RANGEL, Ms. VELA´ ZQUEZ, Mr. MEEKS ergy production, and modernizing our energy the practice of the Department of Defense to of New York, Mr. WEINER, Mr. infrastructure, and to amend the Internal continue to use stop-loss orders to retain MCNULTY, Mr. KUHL of New York, Revenue Code of 1986 to provide tax incen- members of the Armed Forces who have com- and Ms. SLAUGHTER): tives for the production of renewable energy pleted their contractual obligations runs H.R. 5975. A bill to designate the facility of contrary to the stated policy of the United and energy conservation (Rept. 110–622). Re- the United States Postal Service located at ferred to the House Calendar. States to utilize an all-volunteer force; to 101 West Main Street in Waterville, New the Committee on Armed Services. f York, as the ‘‘Cpl. John P. Sigsbee Post Of- f PUBLIC BILLS AND RESOLUTIONS fice’’; to the Committee on Oversight and Government Reform. ADDITIONAL SPONSORS Under clause 2 of rule XII, public By Mr. BLUMENAUER (for himself, bills and resolutions were introduced Mrs. TAUSCHER, Mr. GEORGE MILLER Under clause 7 of rule XII, sponsors and severally referred, as follows: of California, Ms. VELA´ ZQUEZ, Mr. were added to public bills and resolu- RAHALL, Mr. FARR, Mr. FRANK of By Mr. SMITH of New Jersey (for him- tions as follows: Massachusetts, Ms. DELAURO, Mrs. self, Mr. HASTINGS of Florida, Mr. H.R. 82: Mr. CARSON and Mr. FOSTER. LOWEY, Mr. EMANUEL, Mr. BECERRA, MCINTYRE, Mr. LINCOLN DIAZ-BALART H.R. 96: Mr. SMITH of New Jersey. Mr. DEFAZIO, Mr. LATOURETTE, Mr. of Florida, Mr. MCCOTTER, Mr. H.R. 139: Mr. MARCHANT. PETRI, Mr. SHAYS, and Mr. WELCH of PALLONE, Mr. HOLT, Mr. SHIMKUS, Mr. H.R. 154: Mr. JEFFERSON and Mr. CONYERS. Vermont): MCGOVERN, and Mr. DAVIS of Illi- H.R. 158: Mr. DINGELL. H.R. 5976. A bill to establish the United nois): H.R. 245: Mr. SALI and Mr. GOODE. States Commission on Rebuilding America H.R. 5970. A bill to amend the Belarus De- H.R. 248: Mr. PLATTS. for the 21st Century, and for other purposes; mocracy Act of 2004 to reauthorize that Act, H.R. 351: Ms. BALDWIN. to the Committee on Transportation and In- and for other purposes; to the Committee on H.R. 370: Mr. ADERHOLT. frastructure, and in addition to the Commit- Foreign Affairs, and in addition to the Com- H.R. 503: Mrs. SCHMIDT. tees on Energy and Commerce, Natural Re- mittees on the Judiciary, and Financial H.R. 542: Mr. CARSON. sources, and Financial Services, for a period Services, for a period to be subsequently de- H.R. 552: Ms. TSONGAS, Mrs. CAPITO, Mr. to be subsequently determined by the Speak- termined by the Speaker, in each case for ROGERS of Michigan, Mr. ADERHOLT, Mr. er, in each case for consideration of such pro- consideration of such provisions as fall with- ELLSWORTH, and Mr. CAPUANO. visions as fall within the jurisdiction of the in the jurisdiction of the committee con- H.R. 688: Mr. BISHOP of Georgia. committee concerned. cerned. H.R. 882: Mr. CARSON and Mr. GRAVES. By Mr. DEFAZIO (for himself, Mr. By Mr. HELLER: H.R. 1043: Mr. ALEXANDER. PETRI, and Mr. ELLSWORTH): H.R. 5971. A bill to require that ballots H.R. 5977. A bill to amend title 49, United H.R. 1050: Mr. CONYERS. used in Federal elections be generally print- States Code, to require a motor carrier, H.R. 1108: Mr. RENZI. ed only in English and to amend the Voting broker, or freight forwarder that collects a H.R. 1127: Mr. CARTER. Rights Act of 1965 to modify the requirement fuel surcharge to disclose and pay the fuel H.R. 1134: Mr. CARSON, Mr. MOORE of Kan- that certain jurisdictions provide ballots and surcharge to the person responsible for bear- sas, Mr. COURTNEY, Mr. PASCRELL, Mr. TIM other voting materials in languages other ing the cost of the fuel, and for other pur- MURPHY of Pennsylvania, Ms. CORRINE than English, and for other purposes; to the poses; to the Committee on Transportation BROWN of Florida, and Mr. WALZ of Min- Committee on House Administration, and in and Infrastructure. nesota. addition to the Committee on the Judiciary, By Mr. HALL of New York (for himself H.R. 1146: Mr. SALI. for a period to be subsequently determined and Mr. KUHL of New York): H.R. 1157: Mr. COSTELLO, Mr. BOEHNER, Mr. by the Speaker, in each case for consider- H.R. 5978. A bill to designate the facility of WALDEN of Oregon, Mrs. EMERSON, Mr. CAR- ation of such provisions as fall within the ju- the United States Postal Service located at SON, Mr. CULBERSON, Mr. ROSKAM, and Mr. risdiction of the committee concerned. 76 Brookside Avenue in Chester, New York, ROYCE. By Mr. BRADY of Pennsylvania (for as the ‘‘1st Lieutenant Louis Allen Post Of- H.R. 1194: Mr. MCGOVERN. himself, Mr. EHLERS, and Mr. fice’’; to the Committee on Oversight and H.R. 1279: Mr. HODES. CAPUANO): Government Reform. H.R. 1295: Mr. DANIEL E. LUNGREN of Cali- H.R. 5972. A bill to make technical correc- By Mr. KING of New York: fornia. tions to the laws affecting certain adminis- H.R. 5979. A bill to amend the Public H.R. 1343: Mr. JEFFERSON. trative authorities of the United States Cap- Health Service Act to provide for the na- H.R. 1440: Mr. NEUGEBAUER. itol Police, and for other purposes; to the tional collection of data on stillbirths in a H.R. 1474: Mr. CARSON. Committee on House Administration. standardized manner, and for other purposes; H.R. 1514: Mr. SENSENBRENNER and Mr. By Mr. PRICE of North Carolina (for to the Committee on Energy and Commerce. RAMSTAD. himself and Ms. SCHAKOWSKY): By Mr. SCHIFF: H.R. 1524: Mr. SNYDER. H.R. 5973. A bill to enhance transparency H.R. 5980. A bill to establish the Commis- H.R. 1532: Mr. GORDON. and accountability within the intelligence sion on Securing the United States in the H.R. 1540: Ms. DEGETTE. community for activities performed under 21st Century; to the Committee on Foreign H.R. 1553: Mr. MEEKS of New York. Federal contracts, and for other purposes; to Affairs. H.R. 1606: Mrs. TAUSCHER. the Committee on Intelligence (Permanent By Mr. WEINER: H.R. 1609: Mr. SESTAK, Ms. BALDWIN, Mr. Select), and in addition to the Committees H.R. 5981. A bill to reauthorize certain BISHOP of New York, Ms. CLARKE, Mr. on Armed Services, and the Judiciary, for a DNA-related grant programs under the Jus- ELLISON, Mr. FARR, Mr. HALL of New York, period to be subsequently determined by the tice For All Act of 2004, and for other pur- Mr. HIGGINS, Mr. KLEIN of Florida, Mr. Speaker, in each case for consideration of poses; to the Committee on the Judiciary. RODRIGUEZ, Mr. MELANCON, Mr. MOORE of

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Kansas, Ms. MOORE of Wisconsin, Mr. OLVER, BANES, Ms. SHEA-PORTER, Mr. HOLT, Mr. H.R. 5559: Ms. GRANGER and Mr. CHABOT. Mr. ORTIZ, Mr. EMANUEL, Mr. PRICE of North ALTMIRE, Mrs. MCCARTHY of New York, Ms. H.R. 5580: Ms. BALDWIN. Carolina, Mr. SMITH of Washington, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, H.R. 5611: Mr. KUHL of New York. VELA´ ZQUEZ, Ms. WATERS, Mr. WATT, Mr. LIN- Mr. KLEIN of Florida, Mr. CARSON, Mr. H.R. 5617: Mr. DEFAZIO. COLN DAVIS of Tennessee, Mr. FOSTER, Mr. PAYNE, Mr. STARK, Ms. WOOLSEY, Mrs. DAVIS H.R. 5627: Mr. SALI. CARSON, Mr. PERLMUTTER, Mr. MARSHALL, of California, Mr. LEWIS of Georgia, Mr. CON- H.R. 5656: Mr. BUYER, Mr. YOUNG of Alaska, Mr. POE, Mr. FORTENBERRY, Mr. EDWARDS, YERS, Mr. ROSS, Mr. WELCH of Vermont, Mr. and Mr. ADERHOLT. Mr. MANZULLO, Ms. GIFFORDS, Mr. BRALEY of Iowa, Mr. CARNEY, Mr. ELLISON, H.R. 5662: Mr. WELCH of Vermont. LATOURETTE, Mr. SCOTT of Georgia, Mr. Mr. JOHNSON of Georgia, Mr. PERLMUTTER, H.R. 5673: Mr. BOREN. LUCAS, Mr. FORTUN˜ O, Mr. MARCHANT, Mr. Mr. SIRES, Ms. SUTTON, Mr. JACKSON of Illi- H.R. 5674: Mr. WALZ of Minnesota and Mr. INGLIS of South Carolina, Mrs. BACHMANN, nois, Mr. PALLONE, Mr. DEFAZIO, Mr. HIN- LOBIONDO. Mr. ROYCE, Mr. ROSKAM, Mr. MCCARTHY of CHEY, Mr. KIND, Mrs. CAPPS, Ms. SOLIS, Mr. H.R. 5677: Mr. BARTLETT of Maryland, Mr. ˜ California, Mr. LAHOOD, Mr. HENSARLING, LINCOLN DAVIS of Tennessee, Mr. CRAMER, FURTUNO, Mrs. BACHMANN, Mr. LATTA, Mr. Mrs. DAVIS of California, Mr. MEEK of Flor- Mr. MATHESON, Mr. MELANCON, Mr. SALAZAR, GOODE, Mrs. MUSGRAVE, Mr. GINGREY, Mr. ida, Mr. HOYER, Mr. SKELTON, and Mrs. Mrs. NAPOLITANO, Ms. HERSETH SANDLIN, Mr. TANCREDO, Mr. SESSIONS, Ms. FALLIN, Mr. GILLIBRAND. SCHIFF, Mr. LIPINSKI, Mr. CUELLAR, Mr. BOS- FRANKS of Arizona, Mr. DAVID DAVIS of Ten- H.R. 1621: Mr. MCCOTTER, Mr. FOSSELLA, WELL, Mr. UDALL of Colorado, Mr. SMITH of nessee, Mr. BURTON of Indiana, Mr. BISHOP of and Mr. ENGEL. Washington, Mr. WEXLER, Mr. BARROW, Mr. Utah, Mr. KLINE of Minnesota, Mr. BROUN of H.R. 1665: Ms. WASSERMAN SCHULTZ. BERRY, Mr. MOORE of Kansas, Mr. GORDON, Georgia, Mr. HOEKSTRA, Mr. NEUGEBAUER, H.R. 1748: Mr. GOODE. Mr. WU, Mr. TANNER, Mr. ISRAEL, Mr. SNY- and Mr. KING of Iowa. H.R. 5681: Mrs. NAPOLITANO and Mr. PAUL. H.R. 1767: Mr. DAVIS of Illinois, Mrs. DER, Mr. HILL, Mr. BLUMENAUER, Ms. RICH- H.R. 5684: Mr. CARNAHAN. BACHMANN, and Mr. JOHNSON of Illinois. ARDSON, and Mr. LARSON of Connecticut. H.R. 5693: Mr. MCHUGH. H.R. 1820: Ms. BERKLEY. H.R. 3036: Mr. HODES. H.R. 5694: Mr. MCHUGH. H.R. 1840: Mr. LYNCH. H.R. 3041: Mr. CUMMINGS. H.R. 5700: Mr. BISHOP of Georgia. H.R. 1845: Mr. CARSON. H.R. 3054: Mr. MCCAUL of Texas. H.R. 5716: Ms. HIRONO. H.R. 1884: Mr. TIM MURPHY of Pennsyl- H.R. 3063: Ms. SLAUGHTER. H.R. 5722: Mr. LOBIONDO. vania, Mr. SNYDER, Mrs. SCHMIDT, Mr. RUSH, H.R. 3088: Mr. FORTENBERRY. H.R. 5731: Mr. MCCAUL of Texas. and Mr. KIND. H.R. 3089: Mr. MANZULLO, Mr. BOOZMAN, H.R. 5733: Mr. BURGESS. H.R. 1968: Mr. CONYERS. and Mr. DUNCAN. H.R. 5740: Ms. WATERS and Mr. ACKERMAN. H.R. 2017: Mr. CARSON. H.R. 3132: Mr. KIRK, Ms. MCCOLLUM of Min- H.R. 5752: Mr. BOOZMAN. H.R. 2052: Mr. BARROW. nesota, and Mrs. BOYDA of Kansas. H.R. 5774: Mr. CLEAVER, Ms. WOOLSEY, Mr. H.R. 2074: Ms. ROS-LEHTINEN. H.R. 3202: Mr. MILLER of North Carolina. SERRANO, Ms. HIRONO, Mr. MCNERNEY, and H.R. 2092: Mr. SMITH of Washington, Mr. H.R. 3267: Mr. CARSON and Mr. BRADY of Mr. FILNER. MCCOTTER, Ms. SUTTON, and Ms. BORDALLO. Pennsylvania. H.R. 5775: Mr. WILSON of South Carolina. H.R. 2111: Mr. ROTHMAN. H.R. 3282: Ms. BALDWIN. H.R. 5784: Mr. NEUGEBAUER. H.R. 2164: Mr. KILDEE. H.R. 3331: Mr. MCGOVERN. H.R. 5793: Mrs. MYRICK, Mr. PETERSON of H.R. 2169: Mr. COURTNEY. H.R. 3380: Mr. SHAYS. Minnesota, Mr. SMITH of Nebraska, and Mr. H.R. 2205: Mr. KUHL of New York. H.R. 3404: Mr. MILLER of North Carolina. ROGERS of Michigan. H.R. 2244: Mr. MCCOTTER, Mr. HONDA, and H.R. 3406: Ms. MCCOLLUM of Minnesota. H.R. 5794: Mr. GALLEGLY. Mr. JEFFERSON. H.R. 3416: Mr. MCGOVERN. H.R. 5802: Ms. SCHAKOWSKY and Mr. JEF- H.R. 2268: Mr. DREIER, Mr. SKELTON, Mrs. H.R. 3423: Ms. MATSUI. FERSON. TAUSCHER, Mr. BERMAN, Mr. FEENEY, Mr. H.R. 3439: Mr. LYNCH. H.R. 5825: Mr. HULSHOF and Mr. FRANK of MAHONEY of Florida, Mr. BOOZMAN, Mr. CLAY, H.R. 3440: Mr. PRICE of North Carolina. Massachusetts. Ms. SCHWARTZ, Mr. SAXTON, Mr. RYAN of Wis- H.R. 3609: Mr. TOWNS, Mr. COURTNEY, Mr. KUCINICH and Ms. KAPTUR. H.R. 5831: Mr. COURTNEY and Mr. HALL of consin, Mr. TANCREDO, Mr. GALLEGLY, Mr. New York. NUNES, Mr. CALVERT, Mr. TANNER, Ms. WA- H.R. 3652: Mr. SPACE and Mr. DELAHUNT. H.R. 5848: Mr. CARSON. TERS, Mr. WATT, Mr. SALAZAR, Ms. NORTON, H.R. 3700: Mr. WALZ of Minnesota. H.R. 3757: Ms. BALDWIN. H.R. 5875: Ms. HIRONO and Ms. BORDALLO. Mrs. CHRISTENSEN, Mr. MURTHA, Mr. GUTIER- H.R. 3842: Mr. PAYNE. H.R. 5876: Mr. LEWIS of Georgia, Mr. COHEN, REZ, Ms. CORRINE BROWN of Florida, Mr. H.R. 3934: Mr. ELLSWORTH. Mr. SESTAK, Mr. MCDERMOTT, and Ms. REYES, Mr. SMITH of Texas, Mr. ETHERIDGE, H.R. 4008: Mr. LINCOLN DIAZ-BALART of HIRONO. Mr. BACHUS, Ms. SPEIER, Ms. SCHAKOWSKY, Florida. H.R. 5878: Mr. WAXMAN. Mr. NEAL of Massachusetts, Ms. CASTOR, H.R. 4026: Mrs. CHRISTENSEN. H.R. 5881: Mr. CONYERS and Mr. FARR. Mrs. MYRICK, Mr. LEWIS of Kentucky, Ms. H.R. 4044: Ms. MATSUI and Ms. HIRONO. H.R. 5892: Mrs. GILLIBRAND. BEAN, Mr. DAVIS of Kentucky, Mr. DENT, Mr. H.R. 4055: Mr. CONYERS. H.R. 5894: Mr. DAVIS of Illinois. SSA ING ANGEVIN I , Mr. K of New York, Mr. L , H.R. 4061: Mr. ELLISON. H.R. 5898: Mr. HAYES and Mr. LATOURETTE. Mr. LATOURETTE, Mr. MCCARTHY of Cali- H.R. 4109: Mr. JOHNSON of Georgia. H.R. 5899: Mr. BISHOP of Georgia and Mr. fornia, Mr. MARCHANT, Mr. MEEKS of New H.R. 4236: Ms. LEE. HILL. York, Ms. MOORE of Wisconsin, Mr. PALLONE, H.R. 4248: Mr. SULLIVAN, Mr. LUCAS and Mr. H.R. 5908: Mr. LATTA and Mr. MACK. Mr. SULLIVAN, Mr. BOUSTANY, Mr. BROUN of MATHESON. H.R. 5941: Mr. PATRICK MURPHY of Pennsyl- Georgia, Mr. CAPUANO, Mr. CHABOT, Mr. H.R. 4304: Mr. SHIMKUS. vania. COSTELLO, Mrs. CUBIN, Mr. DOOLITTLE, Mr. H.R. 4344: Ms. GINNY BROWN-WAITE of Flor- H.R. 5946: Ms. WATERS. DUNCAN, Mr. ENGLISH of Pennsylvania, Mr. ida and Ms. FALLIN. H.R. 5955: Ms. GINNY BROWN-WAITE of Flor- FRANKs of Arizona, Mr. FRELINGHUYSEN, Mr. H.R. 4544: Mr. JOHNSON of Georgia. ida, Mr. BURTON of Indiana, Mr. GOODLATTE, GILCHREST, Mr. GRAVES, Mr. HELLER, Mr. H.R. 4900: Mr. GARY G. MILLER of Cali- Mr. PLATTS, and Mr. NEUGEBAUER. INGLIS of South Carolina, Mr. KILDEE, Mr. fornia, Mr. BOYD of Florida, Mr. TAYLOR, H.R. 5958: Mr. GALLEGLY, Mr. HALL of New KING of Iowa, Mr. LUCAS, Mr. DANIEL E. LUN- Mrs. MCMORRIS RODGERS and Mr. WALDEN of York, Mr. FOSSELLA, Mr. BACA, and Mrs. GREN of California, Mr. MICA, Mr. MILLER of Oregon. BONO MACK. Florida, Mr. PITTS, Mr. PORTER, Mr. REGULA, H.R. 4926: Mr. FORTUN˜ O. H.R. 5965: Mr. WYNN. Mr. SERRANO, Mr. SHIMKUS, Mr. WELDON of H.R. 5110: Mr. CONYERS. H.J. Res. 39: Mr. SESTAK. Florida, Mr. WELLER, and Mr. BLUMENAUER. H.R. 5131: Mr. LATTA. H. Con. Res. 70: Mr. TIBERI and Mr. BOU- H.R. 2343: Mr. KUHL of New York. H.R. 5179: Mr. LATOURETTE and Mr. CHER. H.R. 2357: Mr. CARSON. PLATTS. H. Con. Res. 163: Ms. SCHAKOWSKY and Mr. H.R. 2370: Mr. KENNEDY and Mr. BOOZMAN. H.R. 5244: Mr. ANDREWS. BARROW. H.R. 2412: Mr. ELLISON. H.R. 5267: Mr. LAHOOD. H. Con. Res. 195: Mr. PLATTS. H.R. 2502: Mr. MCCOTTER and Mr. JEFFER- H.R. 5312: Mr. BRALEY of Iowa. H. Con. Res. 223: Mr. SPRATT. SON. H.R. 5442: Ms. SCHAKOWSKY. H. Con. Res. 296: Mrs. BLACKBURN, Mr. TIM H.R. 2523: Mr. INSLEE and Mr. BOSWELL. H.R. 5473: Mr. HIGGINS, Mr. OBERSTAR, Mr. MURPHY of Pennsylvania, Mr. WILSON of H.R. 2549: Mr. TERRY. ABERCROMBIE, Mr. HARE, Ms. SLAUGHTER, Ms. South Carolina, Mr. BOUSTANY, Mr. SES- H.R. 2593: Ms. MATSUI. ESHOO, Mr. MICHAUD, Mr. JOHNSON of Geor- SIONS, Mr. BROWN of South Carolina, Mr. H.R. 2711: Mr. MCDERMOTT. gia, Mr. MCNERNEY, Mr. GRIJALVA, Mrs. CARTER, Mr. SAXTON, Mr. HALL of Texas, Mr. H.R. 2896: Mr. GRIJALVA. BOYDA of Kansas, Mr. SPACE, Mr. RODRIGUEZ, WOLF, Mr. TOWNS, Mr. MILLER of Florida, H.R. 2933: Mr. TERRY and Mr. WOLF. Mr. BISHOP of New York, Ms. HIRONO, Mr. Mr. MCGOVERN, Mr. MARCHANT, Mr. ROSKAM, H.R. 2942: Mr. ELLSWORTH. ELLISON, Mr. ROTHMAN, Mr. COHEN, Ms. Mr. CRENSHAW, Mr. GINGREY, Mr. SHIMKUS, H.R. 3021: Mr. LOEBSACK, Mr. ANDREWS, Mr. BALDWIN, Mr. DOGGETT, Ms. HARMAN, Mr. Mr. BRALEY of Iowa, Mr. SHAYS, Ms. BISHOP of New York, Mr. COURTNEY, Mr. KILDEE, Mrs. TAUSCHER, and Mr. VAN SCHAKOWSKY, Mr. LATTA, Mr. FILNER, Mr. DAVIS of Illinois, Mr. GRIJALVA, Mr. HOLLEN. BISHOP of Georgia, and Ms. BORDALLO. HINOJOSA, Ms. HIRONO, Mr. KUCINICH, Ms. H.R. 5536: Mr. ROTHMAN, Mr. MOORE of Kan- H. Con. Res. 305: Mrs. TAUSCHER and Mr. LINDA T. SA´ NCHEZ of California, Mr. SAR- sas and Ms. HIRONO. MCCOTTER.

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H. Con. Res. 327: Mr. BERMAN and Mr. JEF- York, and Ms. EDDIE BERNICE JOHNSON of H. Res. 1173: Mr. ROSS, Mr. YARMUTH, Mr. FERSON. Texas. THOMPSON of California, Mr. LEWIS of Geor- H. Con. Res. 329: Mr. LAMBORN. H. Res. 1026: Mr. CULBERSON. gia, Mr. ALLEN, Mr. WAXMAN, Mr. SARBANES, H. Con. Res. 331: Mr. MARKEY, Mr. BOREN, H. Res. 1028: Mr. CONYERS. Mr. WALSH of New York, Mr. DAVIS of Illi- Mr. WAXMAN, Ms. SCHAKOWSKY, Mr. GENE H. Res. 1042: Mr. MCCOTTER. nois, Mr. DICKS, Mr. DEFAZIO, Mrs. GREEN of Texas, Mr. SCHIFF, Mr. BERRY, Mr. H. Res. 1067: Mrs. GILLIBRAND and Mr. NAPOLITANO, Mrs. MALONEY of New York, INSLEE, Mr. PASTOR, Ms. HERSETH SANDLIN, ELLSWORTH. Mrs. MCCARTHY of New York, Mr. BERRY, Mr. and Mr. STUPAK. H. Res. 1078: Mr. CONYERS and Ms. LEE. LOEBSACK, Mrs. TAUSCHER, Mr. PERLMUTTER, H. Res. 258: Mr. SMITH of New Jersey, Mr. H. Res. 1106: Mr. LEWIS of California, Mr. Mr. MCGOVERN, Mr. MARKEY, Mr. HASTINGS KUHL of New York, Mr. GENE GREEN of FORBES, Mr. CANTOR, Ms. CASTOR, Mr. INGLIS of Florida, Mr. RAHALL, Mr. ALTMIRE, Mr. Texas, and Mrs. DAVIS of California. of South Carolina, Mr. BOUCHER, Mr. MURPHY CARDOZA, Ms. SUTTON, Mr. HILL, Mrs. CAPPS, Res. 369: Mr. ALTMIRE. of Connecticut, Mr. SALI, Mr. HALL of Texas, and Mrs. DAVIS of California. Res. 373: Mr. MARKEY. Mr. SHIMKUS, Mr. BUYER, Mr. UPTON, Mr. H. Res. 389: Mr. ACKERMAN, Mrs. SHADEGG, Mrs. CUBIN, Mrs. SCHMIDT, Ms. f CHRISTENSEN, and Mr. JEFFERSON. HARMAN, Mr. MARKEY, Mr. GORDON, and Mrs. H. Res. 795: Mr. ISRAEL and Mr. MILLER of MCMORRIS RODGERS. North Carolina. H. Res. 1110: Mr. BROUN of Georgia, Mr. CONGRESSIONAL EARMARKS, LIM- H. Res. 881: Mr. PETERSON of Minnesota, HARE, Mr. MOORE of Kansas, and Mr. GOOD- ITED TAX BENEFITS, OR LIM- Mr. MATHESON, Mr. SALI, and Mr. JORDAN. LATTE. ITED TARIFF BENEFITS H. Res. 896: Ms. MOORE of Wisconsin. H. Res. 1124: Mrs. BIGGERT, Ms. WATERS, H. Res. 900: Mr. COHEN, Mr. PAYNE, Ms. and Mr. UPTON. Under clause 9 of rule XXI, lists or ESHOO, Mr. EVERETT, and Mr. HINCHEY. H. Res. 1140: Mr. BLUNT and Mr. SOUDER. statements on congressional earmarks, H. Res. 1002: Mr. BOOZMAN and Mr. H. Res. 1143: Mr. KIND and Mr. HINCHEY. limited tax benefits, or limited tariff RUPPERSBERGER. H. Res. 1144: Mrs. CAPITO, Mr. WHITFIELD of benefits were submitted as follows: H. Res. 1009: Mr. BROUN of Georgia. Kentucky, Mr. SHUSTER, Mr. ENGLISH of OFFERED BY MS. WATERS H. Res. 1019: Mr. CONYERS and Mr. WYNN. Pennsylvania, Mr. GINGREY, Mrs. WILSON of H. Res. 1022: Mrs. BIGGERT, Mrs. BOYDA of New Mexico, Mr. GRIJALVA, Mr. PASTOR, Mr. The amendment to be offered by Rep- Kansas, Mrs. CAPITO, Ms. CASTOR, Mrs. TIAHRT, Mr. MCCOTTER, and Mr. SESSIONS. resentative WATERS, or a designee, to H.R. EMERSON, Ms. GIFFORDS, Ms. HOOLEY, Ms. H. Res. 1162: Ms. WOOLSEY. 5818, the Neighborhood Stabilization Act of KAPTUR, Mrs. MYRICK, Ms. RICHARDSON, Ms. H. Res. 1164: Mr. PETERSON of Pennsylvania 2008, does not contain any congressional ear- ROYBAL-ALLARD, Ms. SHEA-PORTER, Ms. and Mr. SKELTON. marks, limited tax benefits, or limited tariff VELA´ ZQUEZ, Ms. WATERS, Mr. OLVER, Mr. H. Res. 1170: Mr. BURTON of Indiana. benefits, as defined in clause 9(d), 9(e), or 9(f) ALLEN, Mr. KUCINICH, Mrs. MCCARTHY of New H. Res. 1172: Mr. PAYNE. of rule XXI.

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Vol. 154 WASHINGTON, TUESDAY, MAY 6, 2008 No. 74 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- A bill (S. 2972) to reauthorize and mod- called to order by the Honorable JON ator from the State of Montana, to perform ernize the Federal Aviation Administration. A bill (S. 2973) to promote the energy secu- TESTER, a Senator from the State of the duties of the Chair. rity of the United States and for other pur- Montana. ROBERT C. BYRD, President pro tempore. poses. Mrs. MURRAY. Mr. President, I ob- PRAYER Mr. TESTER thereupon assumed the chair as Acting President pro tempore. ject to any further proceedings with re- The Chaplain, Dr. Barry C. Black, of- spect to these bills en bloc. fered the following prayer: f The ACTING PRESIDENT pro tem- Let us pray. RECOGNITION OF THE ACTING pore. Objection having been heard, the Lord, our God, You have called us to MAJORITY LEADER bills will be placed on the calendar. represent You. May our lives bring f honor and glory to your holy Name. The ACTING PRESIDENT pro tem- Strengthen our lawmakers with Your pore. The Senator from Washington RECOGNITION OF THE MINORITY spirit’s power. Empower and guide State is recognized. LEADER them to serve You by serving the lost, f The ACTING PRESIDENT pro tempore. The Republican leader is recog- the lonely and the least. Be in their SCHEDULE minds and understanding. Be also in nized. their mouths and their speaking. Mrs. MURRAY. Mr. President, today f there will be a period of morning busi- Fill them with Your truth and give FAA MODERNIZATION them sufficient abilities to deal with ness for up to 1 hour, with the time the changing issues they face. Lord, equally divided and controlled between Mr. MCCONNELL. Mr. President, the show them the doors of opportunity the two leaders or their designees. The underlying FAA bill that came out of through which You would have them Republicans will control the first half, the Commerce Committee had wide bipartisan support. The provisions that pass. And, Lord, we ask that You would the majority will control the final half. came out of the Finance Committee be with the cyclone victims of After morning business, the Senate that are directly related to aviation fi- Myanmar. We pray in Your wonderful will resume consideration of H.R. 2881, nancing have wide bipartisan support. Name. Amen. a bill to reauthorize the Federal Avia- tion Administration. At 2:30 p.m., there This bill was on a fast track to pas- f will be a rollcall vote on the motion to sage and to improving airline safety in our country. Unfortunately, our friends PLEDGE OF ALLEGIANCE invoke cloture on the substitute amendment. across the aisle bogged it down with The Honorable JON TESTER led the As a reminder, the filing deadline for extraneous provisions that do nothing Pledge of Allegiance, as follows: second-degree amendments on the FAA to improve airline safety and that do I pledge allegiance to the Flag of the bill is 1:30 p.m. today. If cloture is not not belong on this bill. And then, to prevent any changes to United States of America, and to the Repub- invoked on the substitute, we expect to lic for which it stands, one nation under God, those provisions, they used a procedure vitiate the cloture vote on the under- indivisible, with liberty and justice for all. that used to be rare to block amend- lying bill and immediately proceed to a f ments and improvements to the bill. So cloture vote on the motion to proceed rather than quickly passing an airline APPOINTMENT OF ACTING to S. 2284, a bill to restore the financial safety bill that has broad bipartisan PRESIDENT PRO TEMPORE solvency of the national flood insur- support, our friends on the other side ance fund. The PRESIDING OFFICER. The have decided it is more important to clerk will please read a communication f fight for a few pet projects. Rather than quickly finish the bill to the Senate from the President pro MEASURES PLACED ON THE and move on to gas prices, they have tempore (Mr. BYRD). CALENDAR—S. 2972 and S. 2973 The assistant legislative clerk read decided to dig in and fight for a few Mrs. MURRAY. Mr. President, I un- the following letter: extra provisions for a few extra Sen- derstand that there are two bills at the ators. The right choice is clear: We U.S. SENATE, desk for a second reading. should quickly pass the bipartisan PRESIDENT PRO TEMPORE, Washington, DC, May 6, 2008. The ACTING PRESIDENT pro tem- aviation-related portions of the FAA To the Senate: pore. The clerk will read the titles of bill and move on to legislation that ad- Under the provisions of rule I, paragraph 3, the bills for a second time. dresses the high price Americans are of the Standing Rules of the Senate, I hereby The legislative clerk read as follows: paying at the pump.

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

S3751

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Larry Davidson, the man who had bap- plan would increase the supply of For his valor in service as a U.S. ma- tized Chris when he was a young teen- American energy and bolster American rine, Sergeant Heflin earned several ager. ‘‘He said that was not what he jobs while lowering our dependence on medals, awards and decorations, in- wanted to be here for,’’ the Reverend foreign oil. cluding the Navy and Marine Corps Davidson says. ‘‘He wanted to be on the Meanwhile, Democratic suggestions Commendation Medal, two Navy and battlefield.’’ for addressing high gas prices ranged Marine Corps Achievement Medals, the Chris would move on to spend 3 years from driving slower to more frequent National Defense Service Medal, two training reservists in weapons and oil changes. This is a debate we are Meritorious Masts and the Purple equipment use in Moundsville, WV. eager to have. One wonders if the rea- Heart. While there, he worked with John son our friends are stalling on the FAA Sergeant Heflin’s mother, Meleasa Nanny, commandant of the Wheeling, bill is that they are worried about ex- Ellis, still remembers well the day WV, Marine Corps League. posing the fact that they have no plan Chris told her he intended to enlist in Chris ‘‘was a Marine’s Marine,’’ John for gas prices. the Marine Corps. ‘‘When he was a sen- says. ‘‘He was always gung-ho and fired But Americans who are paying close ior [in high school], he came home up about what he did.’’ to $4 a gallon for gasoline do not par- [and] said, ‘Mom, I need to talk to In June 2004, Chris was deployed to ticularly care which party comes up you,’’’ she says. ‘‘ ‘I want to join the Iraq in support of Operation Iraqi Free- with the idea; they would like some ac- Marines,’ he said. I said why? His re- dom. His mother Meleasa remembers tion. sponse: ‘I want to serve my country.’’’ the day Chris gave her the news, in Before the Marines, there was foot- April 2004. f ball, Chris’s first love as a child. He Meleasa says Chris ‘‘told me he was CYCLONE DEATHS IN BURMA started playing in sixth grade and by leaving for Iraq. I could do nothing but high school had become the starting weep,’’ Meleasa says. ‘‘He told me, re- Mr. MCCONNELL. Mr. President, my center on the team, wearing the No. 50 prayers go out to the families of those member the reason I joined the Ma- jersey. rines? I have to go and fight for our killed in Burma in this past weekend’s ‘‘He was a young man who led by ex- country. He fought till the last day, natural disaster. Initial estimates re- ample .... He played center and was ported the cyclone killed more than November 16, 2004.’’ always one of the hardest-working Our thoughts and prayers are with 22,000 people and tens of thousands players I had,’’ says Jeff Sturm, Chris’s the Heflin family after the tragic loss more are missing. head football coach at Reidland High of this brave Marine. We are thinking Yesterday, First Lady Laura Bush School in Paducah. ‘‘He was just a of Chris’s mother Meleasa Ellis; his announced that the United States is quality young man. I just hate to see it brothers, Cory Heflin, Josh Hicks, and prepared to provide assistance and sup- happen, but I’m proud that he was over Derek Ellis; his grandparents, Marvin plies to Burma, but at this time the there defending his country. That’s the and Marie Salsbury; his aunts and un- Government has not accepted our offer. way he led his life.’’ I urge the Burmese Government to Growing up, Chris also was a member cles, Lisa and Pete Witenberger and move quickly and accept the offer of of the National Hockey League Asso- Tim and Diane Salsbury; and many the American people and act in the ciation of Ohio and of Mount Zion Bap- other beloved family members and best interests of the population. tist Church in Paducah. He had an friends. More than 200 people turned out for f afterschool job at Taco John’s. He enjoyed riding his four-wheeler, which he Chris’s funeral at the Mount Zion Bap- CONGRESSIONAL GOLD MEDAL called his ‘‘country Cadillac,’’ and he tist Church, officiated by Chris’s FOR AUNG SAN SUU KYI had recently taken up deer hunting. friend, the Reverend Davidson. Later, at the Woodlawn Memorial Gardens Mr. MCCONNELL. Mr. President, I The vigorous life suited Chris, who cemetery, Chris was laid to rest with a had a chance earlier this morning to was always on the go. ‘‘If he sat still, it 21-gun salute. attend the signing ceremony for legis- was just because he had to eat,’’ remembers his brother Cory Heflin. ‘‘If I Two marines folded the flag that had lation to award Aung San Suu Kyi the draped over his casket and presented it Congressional Gold Medal. I wish to had any problems, I could come to him. He was always there if I needed some- to his brother Derek, who is also serv- thank the President and the First Lady ing in the Marine Corps as a lance cor- for their continued support on this one to talk to. We always stuck together. Now he’s going to a better poral. issue. When Chris was a small child, his For more than 20 years, Aung San home.’’ Cory and other family members also grandfather, Marvin, would take him Suu Kyi’s support for justice and de- remember how active Chris was in vol- fishing. Chris had so much fun that mocracy has placed her at odds with unteer work. His favorite program was when the visits were over, he would tell the tyranny and oppression of the Bur- the Marine Corps Reserves’ Toys for his mother to go get his clothes and mese junta. She and her supporters Tots, which collects toys for needy bring them back to his grandparents’ have combated the brutality of the children at Christmas. Chris made sure house so he could stay with them. junta with peaceful protests and resist- to do his part every year. Marvin still remembers the last time ance. Suu Kyi has chosen dignity as ‘‘He missed a lot of Thanksgivings he spoke to his grandson, just before her weapon, and she has found allies with us to make sure the kids had Chris deployed to Iraq. ‘‘Son, I want to around the world to aid her in this Christmas,’’ his mother Meleasa re- ask you something,’’ Marvin said. ‘‘Are struggle. calls. ‘‘During Thanksgiving, he was you right with the Lord?’’ By awarding Suu Kyi the Congres- helping wherever he was with Toys for ‘‘Yes, Pa, I am,’’ Chris replied, using sional Gold Medal, we are letting the Tots; he had a passion for kids. He the nickname for his grandfather he world know the American people would would have been a great dad someday.’’ had used since childhood. stand with her and the freedom-loving Chris graduated from Reidland High The loss that the Heflin family has people of Burma. School in 1997 and signed up with the suffered can never be fully healed. But f Marine Corps 5 days afterwards. He it is my hope that every person who would go on to serve with them for hears Chris’s story is inspired by and HONORING OUR ARMED FORCES nearly 8 years. By the time he deployed draws strength from it. SERGEANT CHRISTOPHER T. HEFLIN to Iraq, Chris was assigned to the 3rd The little boy Marvin once took fish- Mr. MCCONNELL. Mr. President, I rise Battalion, 1st Marine Regiment, 1st ing grew up to become a man, a patriot today because there is a family in Ken- Marine Division, 1st Marine Expedi- and a marine who stepped forward to tucky that has lost their beloved son in tionary Force, based at Camp Pen- serve his country. This Senate salutes this time of war. SGT Christopher T. dleton, CA. SGT Christopher T. Heflin’s service,

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Mr. President, I ask the oil companies as an incentive is not who were qualified. The action taken unanimous consent to use leader time the right way to get constituents to a was not appropriate, and I disagreed for our side. place where they believe gas prices are with my caucus. But now my caucus is The ACTING PRESIDENT pro tem- again affordable. We are in the process right. pore. Without objection, it is so or- of putting together a comprehensive An agreement had been reached—a dered piece of legislation that the Demo- good-faith agreement, so to speak—by f cratic leader will announce this week. I leadership to confirm three circuit judges between now and Memorial Day. FAA AND GAS PRICES look forward to having our colleagues on the other side move forward with us The Democrats had chosen three nomi- Mrs. MURRAY. Mr. President, I want on that comprehensive package to ad- nees: Judge Helene White, Mr. to respond to some of the opening re- dress the gas price issue facing our con- Kethledge, and Justice Agee, who are marks of the Republican leader. stituents. really out of turn. It would be much The Senate is going to vote this With that, we will be now moving to more appropriate to take up Judge afternoon on cloture on the FAA mod- a period of morning business. I look Conrad who has been waiting 290 days ernization bill. This is an extremely forward to addressing the Senate later for a hearing; Mr. Matthews, who has important piece of legislation. It is bi- on the FAA authorization bill. been waiting 240 days for a hearing; or partisan. We agreed unanimously last I yield the floor. Mr. Keisler, who has been waiting 675 week to go to this bill. It has been days for a committee vote. stalled on procedural motions ever f The chairman obviously has the right since. This is a critical piece of legisla- RESERVATION OF LEADER TIME to make the selection on the calendar, tion that all of us know we need to get but it is important to note that this se- The ACTING PRESIDENT pro tem- to. I will be speaking later this morn- lection was made without any con- pore. Under the previous order, the ing on that bill. But I wanted to ad- sultation with the Republicans, which leadership time is reserved. dress the remarks of the Republican is a sharp shift in practice from what leader in particular, who said the Re- f happened during the last Congress publicans were going to block the mo- MORNING BUSINESS when I chaired the committee and Sen- tion to invoke cloture this afternoon ator LEAHY was ranking. The White because of ‘‘extraneous measures’’ in The ACTING PRESIDENT pro tem- House wanted the confirmation hear- the bill. pore. Under the previous order, the ings of Chief Justice Roberts to start I remind my colleagues, the majority Senate will proceed to a period of on August 29. I had serious questions leader was on the floor of the Senate morning business for up to 1 hour, with about the wisdom of doing that and Senators permitted to speak for up to last week offering numerous alter- consulted with Senator LEAHY exten- 10 minutes each, with the time equally natives to the Republican side to allow sively. Senator LEAHY was totally op- them to offer amendments, to allow divided and controlled between the two posed. I made the decision to start the them to move forward on this bill, to leaders or their designees, with the Re- hearings after Labor Day, after due and come to some agreement to move for- publicans controlling the first half and appropriate consultation with the ward. the majority controlling the final half. Democrats. It is disappointing to hear they still The Senator from Pennsylvania. Similarly, on the nomination of Jus- object. Of the extraneous amendments, f tice Alito, the White House wanted the one has to do with the highway trust confirmation completed by Christmas. fund and the fact that we are out of NOMINATION PROCESS Again, I had severe concerns about money and need to address that issue. Mr. SPECTER. Mr. President, I have hurrying the process. I consulted ex- It is addressed in a bipartisan way in sought recognition to speak about the tensively with Senator LEAHY, and this bill. It is badly needed for roads, nomination process, to be followed by then I made the decision to start the bridges, and highway construction, and Senators CORNYN and KYL. hearings in January. Let the record it is a responsibility with which we The situation is desperate at the show after the confirmations were should proceed. The other one has to do present time, as the Senate has re- completed successfully, President Bush with reimbursing New York for money verted to a longstanding policy in the agreed with the judgment to hold the from 9/11. This is not controversial. It last 2 years where the White House is hearings when they were scheduled. was agreed upon after 9/11. controlled by one party and the Senate That is the sort of comity which is in- The budget the President sent to us by another. The nominees of President dispensable if this body is to function. says it is necessary, and it is in this Bush are being inappropriately There are grave concerns raised bill because it is important that we get blocked. During the course of the last 2 about the scheduling of the confirma- that done and move it forward. This years of the Clinton administration, tion of Judge Helene White because, legislation allows us the opportunity there were 15 circuit judges confirmed, simply stated, there is not enough time to do so. 57 district judges, contrasted with only to do it and do it right. Judge White These are not controversial issues. It 7 circuit judges confirmed during the was nominated on April 15, less than a is important that we move forward on last 2 years of the Bush administra- month ago. Her questionnaire was not this legislation. I hope our colleagues tion, and 38 district judges. For the en- received until April 25. The FBI inves- will agree to do that this afternoon. tire 8 years, President Clinton has 65 tigation was not begun until April 25. Finally, I heard this morning that circuit confirmations contrasted with The ABA report cannot be completed our Republican colleagues say that only 58 for President Bush. President until May 19 at the earliest. After Democrats aren’t going to deal with Clinton had 305 district confirmations Judge White’s hearing, which is sched- the gas tax issue. I assure everyone, we contrasted with only 241. uled hastily for May 7, the committee understand this issue. When we go Regrettably, this has been the pat- typically leaves the record open for 1 home and see gas prices nearing $4 a tern for the past 20 years—in the last 2 week, which would close the record on gallon, when we hear from truck driv- years of President Reagan’s adminis- May 14. If there are questions for the ers and people who are trying to get to tration, when the Senate was con- record, Judge White would have 1 week work or to grocery stores, the price is trolled by Democrats; in the last 2 to answer those questions, which would really hurting them. We are doing ev- years of President Bush the first; and bring us to May 21. If the nomination is erything we can on this side—and have in the 6 years Republicans controlled held over for a week, that would put us

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But Senator REID is now the No circuit court nominee has had hear- the Supreme Court decision which cut champion. ings prior to their ABA report being re- short the statute of limitations on The problem with filling the tree is ceived. The ABA report is not expected women’s pay. I voted for cloture to that Senators are precluded from com- until at least May 19. take up that issue. The issue came and ing to the floor and offering amend- In the past, the Democrats have been went in the course of a few hours one ments. The American people do not un- very vocal in opposing this kind of a day. Under the traditional rules of the derstand what is happening in the Sen- schedule. When the schedule was set Senate, when a matter is raised, it is for Peter Keisler 33 days after his nom- ate because nothing is happening in the presented. It is argued. If someone op- Senate. Last week we had one cloture ination, the Democrats cited the con- poses and wants to object and fili- cern that the Keisler hearing should vote at 5:30 on Monday. We didn’t vote buster, they have to speak. on Tuesday, Wednesday, Thursday, or not be held so quickly in advance of The cost of a filibuster today is very Friday—one vote, and not a peep in the the ABA recommendations: ‘‘We should cheap. All you have to do is say: I am news media about the inactive Senate. not be scheduling hearings for nomi- going to filibuster. Then there is a clo- So what we are seeing—and I intend to nees before the Committee has received ture vote, and 60 votes are not ob- speak at length on this at a later their ABA ratings,’’ all of which is vio- tained, and the issue goes away. lated here. That is not the way the Senate has date—is the disintegration of what the Senator SCHUMER said: traditionally functioned. If the Demo- Senate is supposed to be. So let me reiterate some of the concerns crats had been serious about trying to If legislation is needed to change the we expressed about proceeding so hastily on change the rule that the Supreme statute of limitations on enforcing this nomination. First, we have barely had Court handed down, which I thought women’s employment rights for equal time to consider the nominee’s record. Mr. pay, let the Senate take it up and de- Keisler was named to this seat 33 days ago. was a bad decision—bad on the law, and So, we are having this hearing with aston- it certainly can be changed by legisla- bate. If we are on the FAA Act, let’s ishing and inexplicable speed. tion—they would have argued the mat- have Senators come forward and con- Well, this hearing is even more aster. They would have compelled oppo- sider it. tonishing and even more inexplicable. nents to come to the Senate floor and It is time we declared a truce on the When we do not follow regular order, oppose the matter. There would have judge issue. It has been exacerbated we tend to get into trouble. The appro- been a public debate. Had there been an continuously over the last 20 years. It priate course would be to move to the extended debate, the American people is time for a truce because the Amer- nominations of Judge Conrad and Mr. would have understood the wrong Su- ican people are caught in the crossfire. Matthews in the Fourth Circuit where preme Court decision and insisted the Congress take corrective action. Mr. President, I ask unanimous con- there is a judicial emergency. sent that a survey of the filling of the How much time remains, Mr. Presi- Similarly, we have found the Senate has now been overwhelmed by proce- tree, compiled by CRS, be printed in dent? the RECORD. I urge my colleagues to The ACTING PRESIDENT pro tem- dural motions on filling the tree which study it to see how the business of the pore. The Senator has 2 minutes 20 sec- preclude any meaningful, traditional Senate has been thwarted, stymied, onds. Senate approach to our function where and eliminated by this procedural, in- f Senators should be able to offer amendments at any time on any issue. Sen- appropriate activity. FILIBUSTERING ator REID, who now has the distinction There being no objection, the mate- Mr. SPECTER. I want to comment of having the record on filling the tree rial was ordered to be printed in the briefly about what I consider the dis- the most times, has it in heavy com- RECORD, as follows: TABLE 1.—INSTANCES WHERE OPPORTUNITIES FOR FLOOR AMENDMENT WERE LIMITED BY THE SENATE MAJORITY LEADER OR HIS DESIGNEE FILLING OF PARTIALLY FILLING THE ‘‘AMENDMENT TREE’’: 1987–2008 1

Congress & Years Senate Majority Leader Measure(s) Notes & Citations

100th (1987–1988) ...... Robert C. Byrd (D–WV) ...... S. 1420, Omnibus Trade and Sen. Byrd, working in concert with Sen. Howard M. Metzenbaum, filled the ‘‘strike and insert’’ tree with a series of amendments, Competitiveness Act of 1987. SA435–439. (Congressional Record, vol. 133, July 8, 1987, pp. 18871–18876.) Media reports indicate the goal was to obtain a straight vote on a compromise proposal requiring advance notice of certain plant closings. (‘‘Senate Passes Measure on Plant- Closing Notice,’’ The Washington Post, July 9, 1987, p. E1.) S. 2, Senatorial Election Cam- Sen. Byrd, working in concert with Sen. David L. Boren, filled the ‘‘motion to recommit’’ tree with amendments, SA1403–1405. In paign Act of 1987. debate, Sen. Byrd indicated his goal was to displace several non-germane amendments to S. 1 relating to funding for the Nic- araguan contras, thus returning the Senate to consideration of the subject of the underlying bill. (Congressional Record, vol. 134, Feb. 17, 1988, p. 1481.) S. 2488, Parental and Medical Sen. Byrd filled the ‘‘motion to recommit’’ tree with amendments, SA3308–3310. In floor debate, Sen. Byrd indicated that he had Leave Act of 1988. done so in response to a continued inability to secure a time agreement on amendments, including a requirement for germaneness or relevancy. He characterized the motion and the amendments to it as an attempt to place S. 2488 back before the Sen- ate in a form containing several specific policy provisions. (Congressional Record, vol. 134, Sep. 29, 1988, pp. 26523–26588.) 101st (1989–1990) ...... George J. Mitchell (D–ME) ...... None identified ...... None identified 102nd (1991–1992) ...... George J. Mitchell (D–ME) ...... S. Con. Res. 106, Concurrent Sen. Mitchell filled the ‘‘insert’’ tree with two amendments, SA1778–1779 offered to a substitute amendment for S. Con. Res. 106, resolution setting forth the SA1777, which appears to have been treated as an original text for the purposes of amendment. Floor debate suggests a unan- congressional budget for FY imous consent agreement was entered into laying out this approach with the goal of controlling and structuring the consider- 1993, 1994, 1995, 1996, & ation of policy alternatives relating to entitlement reform. (Congressional Record, vol. 134, Apr. 10, 1992, pp. 9283–9284.) 1997. 103rd (1993–1994) ...... George J. Mitchell (D–ME) ...... H.R. 1335, Emergency Supple- Sen. Robert C. Byrd, acting on behalf of the majority leader, filled the tree on the substitute to the measure, offering SA271–272. mental Appropriations for FY (Congressional Record, daily edition, vol. 139, Mar. 25, 1993, p. S3715.) 1993. S. 1491, FAA Authorization Act On multiple occasions during consideration of this measure, Sen. Mitchell or his designee offered second-degree amendments, for of 1994. example, SA1776, 1779, and 1781, to non-germane first-degree amendments dealing with the subject of President William J. Clinton and the Whitewater Development Corporation. On each occasion, this action filled the ‘‘insert’’ tree and prevented a vote on the first-degree amendment. (Congressional Record, daily edition, vol. 140, June 15, 1994, pp. S6890–6894.) 104th (1995–1996) ...... Robert Dole (R–KS) ...... S.J. Res. 21, Constitutional Acting as the designee of the majority leader, Sen. Fred Thompson offered a series of amendments, SA3692–3397, to the com- Amendment to Limit Congres- mittee substitute for S.J. Res 21, filling the amendment tree. He then offered a motion to recommit the joint resolution and sional Terms. proceeded to offer amendments SA3698–3699 to the motion, filling the tree on the motion. In debate, Sen. Thompson indicated that he did so to prevent non-germane amendments from being offered to the measure and to ensure the Senate would debate only the subject of congressional term limits. (Congressional Record, daily edition, vol. 142, Apr. 19, 1996, pp. S3715–3717.) S. 1664, Immigration Control Acting as the designee of the majority leader, Sen. Alan K. Simpson offered a series of second-degree amendments to a number and Financial Responsibility of ‘‘stacked’’ first degree amendments, filling the amendment tree on them. He also filled the recommit tree on the underlying Act of 1996. bill, offering SA3725–3726. In debate, Sen. Simpson indicated that he did so to prevent the offering of non-germane second- degree amendments on subjects such as the minimum wage and Social Security. (Congressional Record, daily edition, vol. 142, Apr. 24, 1996, pp. S4012–4016.) H.R. 2937, White House Travel Sen. Dole offered a series of amendments, SA3952–3956, first to the bill and then to a motion to refer the bill, filling the tree on Office Reimbursement. both. Sen. Dole indicated that he took this action to prevent non-germane amendments to the measure. Sen. Dole filed for cloture on the measure and indicated his willingness to enter into negotiations on possibly permitting a non-germane amendment relating to the minimum wage to be offered. (Congressional Record, daily edition, vol. 142, May 3, 1996, pp. S4670–4672.)

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Congress & Years Senate Majority Leader Measure(s) Notes & Citations

H.R. 1296, To provide for the On Mar. 26, 1996, Sen. Dole filled the tree on the motion to commit the bill SA3653–3654 and immediately filed cloture on the administration of certain Pre- motion. The floor debate suggests that this action was taken in an attempt to block amendments to the measure on the sub- sidio properties at minimal ject of the minimum wage. (Congressional Record, daily edition, vol. 142, Mar. 26, 1996, pp. S2898–2899.) cost to the federal taxpayer. 105th (1997–1998) ...... Trent Lott (R–MS) ...... S. 25, Bipartisan Campaign Re- Sen. Lott offered a series of amendments, SA1258–1265, to the bill and to a motion to recommit the bill, filling both the ‘‘strike form Act of 1997. and insert’’ tree and the recommit tree. In debate, Sen. Lott indicated he did so to bar all amendments to the measure except those negotiated between himself and supporters of S. 25. The agreement provided for a modified form of the bill and one Lott amendment to it containing provisions of the ‘‘Paycheck Protection Act,’’ (Congressional Record, daily edition, vol. 143, Sept. 29, 1997, pp. S10106–10114.) S. 1663, Paycheck Protection Act On Feb. 24, 1998, Sen. Lott offered a series of amendments SA1648–1650 along with a motion to commit, which he then filled with amendments SA1651–1653. The leader then filed cloture on the motion. (Congressional Record, daily edition, vol. 143, Feb. 24, 1997, pp. S939–940.) 106th (1999–2000) ...... Trent Lott (R–MS) ...... S. 280, Education Flexibility Sen. James Jeffords, as the designee of Sen. Lott filled the tree on the measure on Mar. 10, 1999 with SA66–68. (Congressional Partnership Act of 1999. Record, daily edition, vol. 145, Mar. 10, 1999, p. S2489–2490.) Media reports claimed he did so to prevent certain minority party Senators, ‘‘from offering amendments reflecting their education goals including the hiring of 100,000 additional teachers.’’ (Matthew Tully, ‘‘Both Sides Used Senate Rules Effectively to Tie Things Up,’’ CQ Daily Monitor, Nov. 29, 1999.) S. 557, An original bill to pro- On Apr. 20, 1999, Sen. Lott filled this tree by offering two amendments on behalf of another Senator SA254–255 and then imme- vide guidance for the des- diately filing for cloture. Floor debate suggests he did this to block the offering of amendments relating to a Social Security ignation of emergencies as a and Medicare ‘‘lockbox.’’ (Congressional Record, daily edition, vol. 145, Apr. 20, 1999, p. S3896.) part of the budget process. S. 544, Emergency Supplemental On Mar. 19, 1999, Sen. Lott proposed a second-degree amendment (SA124) ‘‘prohibiting the use of funds for military operations in Appropriations Act for Fiscal the Federal Republic of Yugoslavia (Serbia and Montenegro) unless Congress enacts specific authorization in law for the con- Year 1999. duct of those operations.’’ This amendment filled the insert tree and he then filed cloture on the amendment. In floor debate. Sen. Lott indicated he took this action to ensure that there would be a debate on the subject of Yugoslavia, but added that he wanted to continue to negotiate a time agreement for Senate consideration of the subject. (Congressional Record, daily edition, vol. 145, Mar. 19, 1999, pp. S2995–2996.) S. 96, The Y2K Act ...... Sen. Lott filled the tree on the measure, offering SA268–271. In debate, he indicated his willingness to have a pending amendment on the filled tree laid aside so that germane amendments could be offered. (Congressional Record, daily edition, vol. 145, Apr. 27, 1999, pp. S4232–4234.) A media account stated that Sen. Lott pursued this strategy in part to prevent minority party Senators from offering non-germane amendments relating to gun control. (Matthew Tully, ‘‘Both Sides Used Senate Rules Effec- tively to Tie Things Up,’’ CQ Daily Monitor, Nov. 29, 1999.) H.R. 1501, Juvenile Justice Re- On July 26, 1999, Sen. Lott filled the tree on the measure, offering amendments SA1344–1348. In debate, Sen. Lott indicated he form Act of 1999. filled the tree with amendments consisting of the Senate version of the bill with the intention of going to conference with the House. (Congressional Record, daily edition, vol. 146, July 26, 1999, pp. S9209–9210.) H.R. 434, African Growth and Sen. Lott filled the tree on the measure on Oct. 27, 1999, offering SA2332–2335. In debate, he expressed regret at ‘‘having to’’ do Opportunity Act. so, and indicated he would agree to lay aside a pending amendment if a Senator wished to offer relevant amendments. (Con- gressional Record, daily edition, vol. 146, Oct. 27, 1999, pp. S13202–13203.) A media account stated that Sen. Lott pursued this strategy in part to prevent minority party Senators from offering nongermane amendments on the subjects of minimum wage and campaign finance reform. (Matthew Tully, ‘‘Both Sides Used Senate Rules Effectively to Tie Things Up,’’ CQ Daily Monitor, Nov. 29, 1999.) H.R. 4577, Labor-HHS-Education Sen. Lott filled the tree on the motion to commit the bill, offering amendments SA3598–3600. During debate, he indicated his de- Appropriations. sire to negotiate a time agreement for the consideration of amendments dealing with the ergonomic standard issued by the Oc- cupational Safety and Health Administration (OSHA). The motion to commit was later withdrawn when a time agreement was accepted. (Congressional Record, daily edition, vol. 146, June 22, 2000, pp. S5628–5629.) S. 2045, American Competitive- Sen. Lott filled the ‘‘strike and insert’’ tree twice on this bill as well as a tree on a motion to recommit the measure. In doing so, ness in the Twenty-First Cen- Sen. Lott called up an amendment filed by a minority party Senator, SA 4183. In debate, Sen. Lott indicated followed this tury Act. course because of an inability to reach a time agreement governing consideration of the measure. (Congressional Record, daily edition, vol. 146, Sept. 15, 2000, pp. S9026–9029.) 107th (2001–2002) ...... Thomas A. Daschle (D–SD) ...... H.R. 5005, Homeland Security Sen. Daschle filled the tree on the motion to commit with instructions by offering amendments SA4742–4743. In debate, he indi- Act of 2002. cated he did so to ‘‘keep in place the current parliamentary circumstances’’ while Senators tried to negotiate a time agreement for the further consideration of amendments. (Congressional Record, daily edition, vol. 148, Sept. 25, 2002, pp. S9205.) 108th (2003–2004) ...... William H. Frist (R–TN) ...... S. 14, Energy Policy Act of 2003 On July 30, 2003, the majority leader offered a motion to commit the bill to the Energy and Natural Resources Committee with instructions. He filled the tree on the motion to commit with instructions with amendments SA1433–1434 and filed cloture on the motion. In debate, the leader indicated he did so to try to bring the underlying bill to a final vote prior to the August recess period. (Congressional Record, daily edition, vol. 149, July 30, 2003, p. S10251.) S. 2062, Class Action Fairness On July 7, the majority leader offered two amendments to the bill (SA3548–3549) filling the insert tree. He then offered a motion Act. to commit the bill with instructions and filled the tree on the motion with amendments SA3551–3551. The majority leader filed cloture on the bill. Floor debate suggests that Sen. Frist pursued this course in response to an inability to secure a time agreement structuring the offering of amendments to the bill, including a relevancy requirement. (Congressional Record, daily edition, vol. 150, July 7, 2004, pp. S7698–7699.) S. 1637, Jumpstart our Business On Mar. 22, 2004, the majority leader offered a motion to commit the bill with instructions that the committee report back the Strength Act. measure with an amendment specified in the motion. Senators filed amendments SA2898–2899 to those instructions, filling the tree. After cloture on the motion subsequently failed, the majority leader offered another motion to commit, and offered amendments SA3011–3013 to it, filling the tree on the motion. Floor debate suggests these efforts were attempts to expedite consideration of the bill. (Congressional Record, daily edition, vol. 150, Mar. 22, 2004, pp. S2852–2853.) 109th (2005–2006) ...... William H. Frist (R–TN) ...... S. 397, Protection of Lawful On July 27, 2005, the majority leader offered amendments to the bill SA1605–1606 filling the tree. Senators came to the floor to Commerce in Arms Act. ask unanimous consent to set aside the pending amendments to be able to consider their amendment. This request was objected to each time. Floor debate suggests that this action was undertaken pending the negotiation of a time agreement relating to the consideration of amendments, including a germaneness requirement. (Congressional Record, daily edition, vol. 151, July 27, 2005, p. 9087.) H.R. 4297, Tax Relief Extension On Feb. 2, 2006, the majority leader offered amendments SA2707–2709, filling the tree on the bill. He then offered a motion to Reconciliation. commit the bill with instructions, and proceeded to fill the tree on the motion with amendments SA2710–2711. In floor debate, Sen. Frist indicated he did this in order to structure floor consideration and potentially reach a final vote on the measure. (Congressional Record, daily edition, vol. 152, Feb. 2, 2006, pp. 472–473.) S. 2271, USA PATRIOT Act On Feb. 16, 2006, the majority leader filled the insert tree on the measure with amendments SA2895–2896. The majority leader Amendments. then filed a cloture petition on the bill and objected to unanimous consent requests to lay aside any of the pending amendments. In debate, one Senator charged that the leader undertook this action to block amendments to the bill. (Congressional Record, daily edition, vol. 152, Feb. 16, 2006, pp. 1379–1380.) S. 1955, Health Insurance Mar- On May 10, 2006, the majority leader filled the insert tree with amendments SA3886–3887. He then offered a motion to recommit ketplace Modernization Act. the bill with instructions and immediately offered amendments SA3888–3890 to fill the tree on the motion. In debate, Sen. Frist explained that he did this because there had, ‘‘. . . been attempts or suggestions that we use this bill as a Christmas tree for all sorts of amendments . . . amendments that don’t relate to the underlying bill.’’ (Congressional Record, daily edition, vol. 152, May 10, 2006, pp. S4285–4295.) S. 3711, Gulf of Mexico Energy On July 27, 2006, the majority leader filled the insert tree with amendments SA4713–4714. The majority leader then filed cloture Security Act of 2006. on the bill. Remarks made in floor debate suggests he did so to exert some control over the subject of energy amendments offered to the bill. (Congressional Record, daily edition, vol. 152, July 27, 2006, p. S8334.) S. 2454, Securing America’s On Mar. 29, 2006, SA3192 was offered as a substitute to the measure. Senators then offered amendments to SA3192, filling the Borders Act. tree. Senators attempted to offer additional amendments by asking unanimous consent to set aside the pending amendments, but objection was heard in each instance. On Apr. 5, 2006 the majority leader moved to commit the bill to the Judiciary Com- mittee with instructions that the committee report forthwith with an amendment. He then offered amendments to the motion SA3424–3426 filling the tree on it. (Congressional Record, daily edition, vol. 152, Apr. 5, 2006, p. S2895–2896.) H.R. 6061, Secure Fence Act of On Sep. 21, 2006, the majority leader filled the insert tree on the bill with amendments SA5031–5032. On Sep. 25, 2006, the ma- 2006. jority leader withdrew his first degree amendment (rendering the second degree amendment moot), and then filled the tree again with amendments SA5036–5037. He then filed cloture on the first degree amendment and offered a motion to commit the bill with instructions, and filled the tree on that motion, offering amendments, SA5038–5040. Floor debate suggests this action was taken while the leaders attempted to negotiate an agreement for the consideration of amendments relating to terrorist detainees. (Congressional Record, daily edition, vol. 152, Sept. 21, 2006, pp. 10097–10098) S. 403, Child Interstate Abortion On Sep. 27, 2006, Sen. Bennett, acting on behalf of the majority leader, filled the tree on the House amendment to the measure Notification Act. with amendments SA5090–5091. He also filed for cloture on the House amendment. (Congressional Record, daily edition, vol. 152, Sept. 27, 2006, pp. S10616–10618.) H.R. 6111, Tax Relief and Health On Dec. 8, 2006, Sen. Frist filled the tree on the motion to concur in the House amendment to the Senate amendment to the Care Act of 2006. measure, with SA5236–5237. He also filed for cloture on the motion. (Congressional Record, daily edition, vol. 152, Dec. 8, 2006, pp. S11658–11659.) 110th (2007–2008) ...... Harry M. Reid (D–NV) ...... H.J.Res. 20, Revised Continuing On Feb. 8, 2007, Sen. Reid filled the tree on the measure with the offering of SA237–241. Debate suggests the strategy was pur- Appropriations Resolution sued in order to speed consideration of the measure. (Congressional Record, daily edition, vol. 153, Feb. 8, 2007, p. S1746.) 2007.

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Congress & Years Senate Majority Leader Measure(s) Notes & Citations

H.R. 2206, U.S. Troop Readiness, On May 15, 2007, Sen. Reid filled the tree on the measure and the motion to commit, offering SA1123–1128. Floor debate indi- Veterans’ Care, Katrina Re- cates this was an action taken with the knowledge and cooperation of the minority leader, in an attempt to structure floor con- covery, and Iraq Account- sideration and move the measure to conference. (Congressional Record, daily edition, vol. 153, May 15, 2007, p. S6116–S6117.) ability Appropriations Act, 2007. S. 1348, Comprehensive Immi- On June 7, 2007, Sen. Reid used his right of first recognition to offer two amendments to the measure, SA1492–1493. While this gration Reform Act of 2007. action does not appear to have completely filled the amendment tree, remarks made by the Senator in debate (‘‘What I am PARTIAL TREE ...... going to do is send a couple of amendments to the desk so there is some control over amendments that are offered’’) suggest it was done to limit or obtain a measure of control over the next amendment offered by filling some available limbs and refusing consent to lay aside amendments. (Congressional Record, daily edition, vol. 153, June 7, 2007, p. S7303–7304) S. 1639, A bill to provide com- On June 26, 2007, Sen. Reid proposed SA1934, and filled the ‘‘insert’’ tree multiple times when the amendment was subsequently prehensive immigration re- divided into several components, an action which some colloquially referred to as the ‘‘clay pigeon.’’ form, and for other purposes.. S.1, Honest Leadership and On July 31, 2007, Sen. Reid filled the tree on the motion to concur in the House amendment to the measure, offering amendments Open Government Act of 2007. SA2589–2590. The leader then filed cloture on the motion. (Congressional Record, daily edition, vol. 153, July 31, 2007, pp. S10400–10401.) H.R. 1585, FY 2008 National De- On Sept. 25, 2007, Sen. Reid offered SA3038–3040 to the motion to commit the bill, filling the recommit tree. (Congressional fense Authorization Act. Record, daily edition, vol. 153, Sept. 25, 2007, p. S12024.) H.R. 976, Children’s Health In- On Sept. 26, 2007, Sen. Reid moved to concur in the House amendments to the Senate amendments to H.R. 976. He then filed surance Program Reauthoriza- cloture on the motion and filled that tree, offering SA3071–3072. (Congressional Record, daily edition, vol. 153, Sept. 26, 2007, tion Act of 2007. pp. S12122–12123.) H.R. 2419 Farm, Nutrition, and On Nov. 6, 2007, Sen. Reid filled the ‘‘strike and insert’’ tree as well as the motion to commit tree, offering SA3509–3514. In de- Bioenergy Act of 2007. bate, the Senator indicated he would be willing to lay aside pending amendments in order for Senators to offer germane or relevant amendments. (Congressional Record, daily edition, vol. 153, Nov. 6, 2007, pp. S13946–13949.) H.R. 6, Energy Independence On Dec. 12, 2007, Sen. Reid filled the tree on the motion to concur with two amendments SA3841–3842 and immediately filed and Security Act of 2007. cloture on the motion. (Congressional Record, daily edition, vol. 153, Dec. 12, 2007, p. S15218.) H.R. 5140, Economic Stimulus On Feb. 5, 2008, Sen. Reid filled the insert tree as well as on the motion to commit tree with amendments SA3983–3987. (Con- Act of 2008. gressional Record, daily edition, vol. 154, Feb. 5, 2008, p. S656.) H.R. 2881, FAA Reauthorization On May 1, 2008, Sen. Reid filled the tree on the measure with amendments SA4628–4631 and on the motion to commit with in- Act of 2007. structions with SA4636–4637. (Congressional Record, daily edition, vol. 154, May 1, 2008, p. S3581–3582.) 1 As of May 2, 2008. Information from the Legislative information System of the U.S. Congress (LIS) and cited issues of the Congressional Record.

Mr. SPECTER. I again call on the JOHN MCCAIN, the presumptive Repub- vote, the obstruction is justified on the Rules Committee to take up my pend- lican nominee for President of the ground of how prior nominees—typically, the ing rule change which would stop this United States, is giving a very impor- nominees of a previous President—were abhorrent practice. tant speech. He may be speaking even treated. All of these recriminations, made by members on both sides of the aisle, relate to I yield the floor. as I am speaking. But he is talking circumstances which occurred before any of The ACTING PRESIDENT pro tem- about the role of judges in our Govern- us [actually] arrived in the United States pore. The Senator from Texas. ment. I think it is a very important Senate. None of us were parties to any of the f speech. I hope our colleagues and the reported past offenses, whether real or per- American people will pay close atten- ceived. None of us believe that the ill will of GASOLINE PRICES tion to what Senator MCCAIN is saying the past should dictate the terms and direc- Mr. CORNYN. Mr. President, I wish when he talks about the important role tion of the future. to join my distinguished colleague, the Federal judges play in our American Unfortunately, 5 years later, when it ranking member of the Judiciary Com- Government. comes to judicial nominations, the mittee, in talking about the impor- I hope Senator OBAMA and Senator grievances of the past are still dic- tance of moving judicial nominations CLINTON will likewise take the oppor- tating the terms and direction of the through the Senate. tunity, at the first chance they have, future when it comes to judicial nomi- I also, though, wish to start by brief- to talk about their philosophy, about nees. There is still time for that fresh ly mentioning a couple numbers. The the types of judges they believe should start we called for, still time for a first is $3.61. This is the average price be nominated by the next President of clean slate but, unfortunately, no signs of a gallon of gasoline in America the United States, were they to have that is likely to occur in the current today. The next number I would like to that privilege and that opportunity. environment. show my colleagues is 743. That is how Five years ago, on April 30, 2003, I, So it will likely come to pass once many days it has been since Speaker along with nine other of the newest again that last year’s and the previous PELOSI said she would—if elected Members of the Senate, wrote a letter year’s grievances will be used again, Speaker—how long ago she said the on this issue to Senator Frist and Sen- not without some justification, by Sen- Democrats would offer their common- ator Daschle, the respective leaders of ate Republicans to justify the obstruc- sense plan for bringing down prices of our parties. That letter was important tion of a future Democratic President’s gasoline at the pump. I would note we not only because it was a bipartisan judicial nominees, which shows the continue to wait for that commonsense statement acknowledging the judicial death spiral we are involved in when it plan, and Americans across this coun- confirmation process was broken and comes to not taking care of the Na- try are waiting for Congress to do needed fixing but also important be- tion’s work, not allowing an up-or- something about it. cause it called, on a bipartisan basis, down vote of judicial nominees on the I would note last Friday I joined a by the newest Members of the Senate, floor of the Senate. number of my colleagues, including the for a clean break or as we called it, a When it comes to judicial nomina- Senator from New Mexico, Mr. DOMEN- fresh start when it came to the issue of tions, the Senate is supposed to be, as ICI, and others in introducing a plan we judicial confirmations and, notably, we Senator SPECTER said, the world’s think will help bring down the price of said to ‘‘leave the bitterness of the past greatest deliberative body. But it often gasoline at the pump. Our colleagues, behind us.’’ acts more like the Hatfields and the not surprisingly, may disagree. But we Mr. President, I ask unanimous con- McCoys, or perhaps, for those who re- are waiting for their plan, all these 743 sent that letter be printed in the member Huck Finn, the Grangerfords days. I think the American people are RECORD at the end of my remarks. and the Shepherdsons, who do not wondering and watching and wondering The ACTING PRESIDENT pro tem- know how the feud began but, nonethe- why we have not acted and why Speak- pore. Without objection, it is so or- less, continue to escalate the violence. er PELOSI, in particular, has not fol- dered. Let’s step back and consider the lowed through on her commitment (See exhibit 1.) basic facts. Right now across America made more than 2 years ago. Mr. CORNYN. I would like to read there are 46 Federal judicial vacan- f from a passage in that letter, signed by cies—12 on the circuit court of appeals, we 10 freshmen at the time. In 2003, we 34 on the district courts. Of these 46 va- JUDICIAL NOMINATIONS wrote to our leaders: cancies, 13 are considered ‘‘judicial Mr. CORNYN. Mr. President, this In some instances, when a well qualified emergencies,’’ including a handful on morning, in North Carolina, Senator nominee for the federal bench is denied a the Fourth Circuit Court of Appeals,

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3757 where a full 33 percent of the bench is American Government requires, quali- Each of us firmly believes that the United vacant because we in the Senate have fied judges who understand the proper States Senate needs a fresh start. And each not done our job. role of a judge, which is not to be an- of us believes strongly that we were elected The simple fact of the matter is, thus other branch of the legislature dis- to this body in order to do a job for the citizens of our respective states—to enact legis- far, during President Bush’s final 2 pensing their view of justice, sort of on lation to stimulate our economy, protect na- years in office, we have seen a record- an ad hoc basis, but, rather, judges who tional security, and promote the national low number of Federal judges approved believe their job is to interpret and en- welfare, and to provide advice and consent, by the Senate. force the Constitution, not to make up and to vote on the President’s nominations Since our friends on the other side of the law as they go along. to important positions in the executive the aisle took over the Senate in 2007, As such, we should exercise due dili- branch and on our nation’s courts. a total of only 7 circuit court nominees gence to properly review nominees. But Accordingly, the ten freshmen of the United States Senate for the 108th Congress have been approved—and only one this the constitutionally mandated process of advice and consent should be done urge you to work toward improving the Sen- year. It would be most unfortunate and ate’s use of the current process or estab- indeed, I daresay, precedent setting if expeditiously, and debates on these lishing a better process for the Senate’s con- this Senate set this new low-water nominees should be done openly, as the sideration of judicial nominations. We ac- mark. Senator from Pennsylvania suggested. knowledge that the White House should be For my part, I have been pleased to We have before us numerous well-qualified included in repairing this process. work with the chairman of the Judici- nominees who have offered themselves to All of us were elected to do a job. Unfortu- serve our citizens. We must endeavor to min- nately, the current state of our judicial con- ary Committee, Senator LEAHY, to gain imize the role of partisan politics in judicial firmation process prevents us from doing an confirmation of the last two Texans to nominations, and we should work harder to important part of that job. We seek a bipar- be nominated and confirmed to the ensure the judicial vacancies are filled in a tisan solution that will protect the integrity Fifth Circuit Court of Appeals. Most more timely manner. and independence of our nation’s courts, en- recently, I appreciated the chairman’s I know my time is up, and I know the sure fairness for judicial nominees, and leave cooperation and assistance in con- distinguished Senator from Arizona is the bitterness of the past behind us. firming Catharina Haynes to the Fifth here to speak, perhaps on the same Yours truly, Circuit. John Cornyn, Lisa Murkowski, Elizabeth subject. But I am glad Senator MCCAIN, Dole, Norm Coleman, Lamar Alex- But despite my appreciation, I must the presumptive Republican nominee, ander, Mark Pryor, Lindsey Graham, also express my regret that Ms. Haynes is speaking on this important issue Saxby Chambliss, Jim Talent, John E. is the only circuit nominee confirmed today. I repeat my hope that Senator Sununu. this year. I would not be fulfilling my OBAMA and Senator CLINTON would ad- The ACTING PRESIDENT pro tem- oath of office if I did not press for fair dress this very important responsi- pore. The Senator from Arizona. treatment not only for judicial nomi- bility of the next President of the Mr. KYL. Mr. President, might I in- nees who come from my State, Texas, United States. But I would submit, quire how much time is remaining on but for my colleagues’ home State again, it is our responsibility to this side? nominees as well. promptly move on these nominations The ACTING PRESIDENT pro tem- There are many other critical judi- and to give these nominees a fair up-or- pore. Six and a half minutes. cial positions that demand our imme- down vote. That has not been hap- Mr. KYL. Thank you, Mr. President. diate action. I mentioned the Fourth pening. I appreciate the comments of my col- Circuit, which serves the States of Vir- Mr. President, I yield the floor. league from Texas and would note, as ginia, Maryland, North Carolina, South EXHIBIT 1 he did, my colleague from Arizona, Carolina, and West Virginia. U.S. SENATE, JOHN MCCAIN, is making an important The Fourth Circuit is currently oper- Washington, DC, April 30, 2003. statement today respecting the need to ating, as I indicated, with one-third DEAR SENATORS FRIST AND DASCHLE: As the confirm good judges for our court of less than a full complement of judges ten newest members of the United States appeals and Federal district courts— on the bench. That is why the Judicial Senate, we write to express our concerns something which he will be committed about the state of the federal judicial nomi- Conference has called this a judicial nation and confirmation process. The appar- to when he is President of the United emergency. The Senate can and must ent breakdown in this process reflects poorly States. act to alleviate this strain and this de- on the ability of the Senate and the Admin- Our friends around the country nial of access to justice on behalf of the istration to work together in the best inter- might be wondering: What exactly is people of those States, who are denied ests of our country. The breakdown also dis- going on around here? Why are we access to justice because there are sim- serves the qualified nominees to the federal talking about the need to confirm ply not enough judges who have been bench whose confirmations have been de- judges? It is a good question. The an- layed or blocked, and the American people confirmed to sit and hear their cases. who rely on our federal courts for justice. swer is this: It is interesting that in The Judiciary Committee is poised to We, the ten freshmen of the United States most of the Presidencies—in fact, in act this Thursday on Justice Stephen Senate for the 108th Congress, are a diverse the last four Presidencies—in the last 2 Agee of Virginia, a Fourth Circuit group. Among our ranks are former federal years of the Presidency, the other nominee, and it should at the very executive branch officials, members of the party is in charge of the Senate. You least move forward with the nomina- U.S. House of Representatives, and state at- had that situation with Ronald tions of other Fourth Circuit nominees torneys general. We include state and local Reagan; with George Bush, the 41st officials, and a former trial and appellate who have the support of both home judge. We have different viewpoints on a va- President; with Bill Clinton; and with State Senators. riety of important issues currently facing the current President Bush. In each Even the Washington Post, in Decem- our country. But we are united in our com- case, the other party was in charge of ber 2007, decried the situation on the mitment to maintaining and preserving a the Senate the last 2 years of their Fourth Circuit saying: fair and effective justice system for all Presidency. [T]he Senate should act in good faith to fill Americans. And we are united in our concern Now, on the average, between 15 and vacancies—not as a favor to the president that the judicial confirmation process is bro- 17 circuit court judges have been con- but out of respect for the residents, busi- ken and needs to be fixed. In some instances, when a well qualified firmed in the last 2 years, even though nesses, defendants and victims of crime in nominee for the federal bench is denied a it is the other party in charge of the the region the 4th Circuit covers. vote, the obstruction is justified on the Senate. That is because we have a re- I am greatly disappointed the Judici- ground of how prior nominees—typically, the sponsibility under the Constitution to ary Committee has been so slow to act nominees of a previous President—were act on the nominees the President, re- on these important nominations. I treated. All of these recriminations, made by gardless of party, has made. would ask the chairman again to push members on both sides of the aisle, relate to That is his job, and this is our job. forward with hearings and give the circumstances which occurred before any of Both of us have to do our jobs. It would us arrived in the United States Senate. None nominees an opportunity for an up-or- of us were parties to any of the reported past not be appropriate for the Senate to down vote on the Senate floor. offenses, whether real or perceived. None of simply sit on our hands and not act on There is no doubt the American peo- us believe that the ill will of the past should the nominees of the President, even ple deserve, and our very concept of dictate the terms and direction of the future. though he may be of the other party.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3758 CONGRESSIONAL RECORD — SENATE May 6, 2008 So between 15 and 17 nominees of the sire not to get them confirmed or poli- FAA MODERNIZATION ACT President have been confirmed each of tics. I don’t know what is behind it. Mrs. MURRAY. Mr. President, the the last 2 years for these last Presi- There is no reason not to move forward FAA Modernization Act, which we are dencies. But, unfortunately, that is not with these nominees. debating in the Senate today, makes the case with the current President. The Washington Post, no big sup- critical improvements that will ensure We are not on track to get that number porter of the President, said recently, our aviation system is safe and effi- confirmed. In fact, we have only had after we confirmed one court of appeals cient. That will put us on a path to six confirmed. nominee: modernizing our air traffic control sys- That is why our leader, Senator That should be only the beginning. . . .In tem. MCCONNELL, sought to have an agree- the past two years, the Senate has confirmed Now, in a short while, early this ment with the majority leader to try seven nominees to the Court of Appeals; 16 afternoon, the Senate will vote on to get more circuit judges confirmed. such nominees were confirmed during Presi- whether we will finish this bill and An agreement was reached that at dent Bill Clinton’s final two years in office. send it to conference or whether Re- least three judges would be confirmed It appears unlikely that Democratic Sen- publicans are again going to refuse to by the end of this month. ators will match that number, but they work with us and force us to take this Now, what is interesting is that up to should at least give every current nominee bill off the Senate floor. an up-or-down vote and expeditiously process I hope we are going to vote to move now, there has been sort of a sense the nominees to the U.S. Court of Appeals that: Well, it is not possible to get very for the 4th Circuit, where five of the court’s forward this afternoon. My colleagues many judges confirmed. It takes a long 15 seats are vacant. on the Commerce and Finance Com- mittees worked very hard on this im- time, and there is a lot of process in- That was an editorial entitled, portant bill because it is critical to our volved. But what this latest agreement ‘‘Judges, and Justice, Delayed: The Nation’s economy that our aviation demonstrates, as Senator SPECTER, Senate Needs To Move Faster On Court system work smoothly. We have some who spoke earlier, pointed out, is that Nominations,’’ of April 15, 2008. That is serious problems that we need to ad- when the majority party wants to, it obviously very true. There is no reason can act very quickly to confirm judges. dress. these other judges cannot be consid- Our air travel infrastructure is aging In fact, it can move very quickly. ered as well. When we ask the question, That is what Senator LEAHY, the fast. It needs to be updated. The bill what is really going on, it is that the before us will help us modernize our chairman of the Senate Judiciary Com- chairman of the committee apparently mittee, is now doing because, unfortu- aviation system to ensure that it con- is desirous of picking and choosing tinues to be the safest in the world. nately, he does not want to take the which nominees move forward. It is not judges who are in the queue and get We also have to take action to help a matter that the nominees cannot carriers deal with rising fuel costs and, those judges considered by the com- move forward. mittee on the floor of the Senate and of course, to protect our passengers by In one case, or in two or three cases, voted on by the Senate. He has judges reducing flight delays and cancella- they are ready to have the hearings. In that he would rather get considered, tions. one case, the hearing has already been Unfortunately, as we speak this but they were way behind in the proc- held. So it is literally only a matter of morning, the Senate is essentially ess. So he is speeding them up, getting a week or two before those nominees deadlocked. Republicans say they ob- them through the process very quickly, could be brought to the Senate floor. ject to certain tax provisions, even in breach of what had been the policy As illustrated by the current process, though this bill, I remind everyone, in the past. to get these other judges confirmed by was supported overwhelmingly when it Nevertheless, he is moving them Memorial Day, it is clear that when we was marked up in the Finance Com- along very quickly with an intention, I want to we can accelerate the process mittee. But our Republican colleagues gather, to try to comply with this and get the job done. insist that we strip out every provision agreement and get them confirmed by that isn’t directly linked to aviation. If the end of the month. That is a good I will close by noting that regarding that isn’t done, they say they are going thing in the sense that we will get the nominee who has been pending now to filibuster this bill and keep us from three more circuit court nominees. for almost 2 years, Peter Keisler, the ever getting to a final vote on it. I suspect it does illustrate that the Washington Post had this to say: The majority leader has said time Judiciary Committee and the Senate Peter Keisler was nominated in 2006 to the U.S. Court of Appeals for the DC Circuit; his and again that he would welcome can act quickly when we want to get amendments to the bill, but Repub- these confirmations accomplished. But confirmation hearing was in August of that year. It is a travesty that he has yet to get licans have refused. Instead of working that will leave us several more judges a vote from the Senate Judiciary Com- with us to come to an agreement on who have been pending a long time. mittee. the points they oppose, they are going That will leave us the months of June, Here, I will interpose, what is the to block the whole bill. July, and September, at least, when we holdup? Going back to the editorial: What is most unfortunate about the can confirm additional nominees. The Republican filibuster today is that this question will be, what will happen Mr. Keisler, who was chief of the Justice Department’s Civil Division before joining a is a vitally important piece of legisla- then? Will we act with similar alac- private law firm, earns plaudits from the tion. Although my job as chairman of rity? right and left for stellar intellect and his ju- the Transportation Appropriations We have one judge nominee, Peter dicial demeanor. Democrats have held up Mr. Subcommittee is to deal with appro- Keisler, who has been pending for al- Keisler’s nomination over a squabble about priations, not authorizations, I can most 2 years now. His hearing has been whether the DC Circuit needs 12 full-time also tell you that this FAA bill is not held. All he has to do is come before judges. That dispute is over: Congress elimi- just a bill that would be nice to have, the committee. That will take 1 or 2 nated the 12th seat this year. Mr. Keisler it is a bill we must have. should be confirmed forthwith. weeks at the most, and he could be on Some of our most important aviation the floor of the Senate. We have other So, clearly, we have nominees who authorities expire at the end of this nominees from the Fourth Circuit should be confirmed. They are in the June. That means by the end of next Court of Appeals, four nominees pend- queue waiting. They could be easily month, if this bill is not enacted, the ing in the Judiciary Committee. Judge taken up this week or next week. Their FAA will no longer have the authority Robert Conrad and Steve Matthews are hearings need to be held. They need to to spend money out of the Airport and ready for hearings. Mr. Rod Rosenstein be brought to the Senate floor and I Airway Trust Fund. of Maryland could be ready but is being urge my colleagues to work with us to Every penny that has been appro- blocked by the two Senators from his move this process forward so these im- priated for purchasing and moderniza- State. Judge Steven Agee had a hear- portant nominees can be considered by tion at the FAA is paid for out of that ing last week. the full Senate. fund. So if this bill doesn’t become law So there are judges in the queue who The ACTING PRESIDENT pro tem- at the end of next month, billions of could be dealt with. There is no reason pore. The Senator from Washington is dollars in projects at the FAA are to hold them back except a possible de- recognized. going to grind to a halt.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3759 If this bill doesn’t become law, all of ing that has been promised. These are Trust Fund shows a shortfall of several bil- the employees who work on those vital projects to all of our commu- lion dollars in fiscal year 2009, the last year projects will be told to stay home be- nities. They ensure that our highways of SAFETEA–LU. The Senate Finance Com- cause the agency would not be able to are safe. They are essential to committee is dedicated to finding the necessary revenues to keep the Highway Trust Fund pay them. merce and economic development. whole for the life of the current authoriza- Mr. President, that is not all. Repub- It is critical to every State in our tion. We are actively working on several op- lican obstruction of this bill would cost Nation and everybody who drives on tions to accomplish this task. billions of dollars in capital projects at our Federal highway system that we We appreciate this opportunity to share our Nation’s airports. The entire Air- find a way to keep this trust fund sol- our commitment to meeting the nation’s port Improvement Program, or AIP, vent. transportation needs. would be shut down, and billions of dol- I have been sounding the alarm over Sincerely yours, lars in critical safety improvements at this looming disaster for almost 2 MAX BAUCUS, airports across the country would go years. We are at a point now where we Chairman. unspent. have to find a fix to ensure that we CHARLES E. GRASSLEY, Finally, our ability to collect ticket don’t have to make disastrous cuts in Ranking Member. taxes from air travelers in order to our highway spending next year. Mrs. MURRAY. Mr. President, in the fund our trust fund will run out. That Very early in this Congress, both tax portion of the aviation bill, Chair- would push the FAA’s primary source Chairman BAUCUS and Ranking Mem- man BAUCUS and Senator GRASSLEY are of funding closer to bankruptcy. ber GRASSLEY committed in writing to keeping their word. This provision in Mr. President, these are not just myself and my ranking member, Sen- this bill authorizes that there will be small things. These programs ensure ator BOND, that they would make this enough money to continue highway that airplanes and airports operate fix that is now contained in this bill. projects under SAFETEA–LU—the Fed- safely, and nobody can argue that safe- I ask unanimous consent that the eral transportation planning bill. letter to Senator BOND and myself be ty would not be harmed if we shut As I said, this addresses an urgent printed in the RECORD. down the ability of the FAA to mod- need. If the highway trust fund provi- ernize its long-outdated radar infra- There being no objection, the material was ordered to be printed in the sion is stripped from this bill, my sub- structure. committee could be required to cut RECORD, as follows: I wish to talk about one of the non- highway spending for 2009 by $14 billion U.S. SENATE, aviation provisions that the Repub- just to keep the trust fund out of bank- licans say is a reason they are standing COMMITTEE ON FINANCE, Washington, DC, January 25, 2007. ruptcy next year. That will represent a in the way of this important critical cut of more than one-third in a single piece of legislation. I want to tell you Hon. PATTY MURRAY, Chairman, Subcommittee on Transportation, year. why I believe it is critical to keep it in Treasury, the Judiciary, Housing and I think all of our colleagues should this legislation. The provision I am re- Urban Development, and Related Agencies, know exactly what is being put at risk ferring to addresses an urgent problem Washington, DC. if the highway trust fund provisions with the highway trust fund. Hon. CHRISTOPHER BOND, If we don’t act now, the highway Ranking Member, Subcommittee on Transpor- were to be stripped out of this bill. trust fund will go bankrupt sometime tation, Treasury, the Judiciary, Housing I ask unanimous consent that a table next year. If that happens, it will put a and Urban Development, and Related Agen- that has been prepared by the Federal stop to Federal road projects across cies, Washington, DC. Highway Administration be printed in DEAR SENATORS MURRAY AND BOND: Meet- the RECORD. our entire country. That means bridge ing the funding obligations laid out in improvements, turn lanes, highway SAFETEA–LU is of vital importance to our There being no objection, the mate- widenings, and countless projects nation’s transportation system. According to rial was ordered to be printed in the would no longer get the Federal fund- the recent CBO projections, the Highway RECORD, as follows: U.S. DEPARTMENT OF TRANSPORTATION—FEDERAL HIGHWAY ADMINISTRATION—COMPARISION OF DISTRIBUTION OF OBLIGATION LIMITATION [Scenario 1: Obligation Limitation Distribution for FY 2008 Based on Consolidated Appropriations Act, 2008. Scenario 2: Obligation Limitation Distribution for FY 2009 Based on Obligation Limitation of $27.2 Billion]

Total obligation limitation State Scenario 1 Scenario 2 Difference

Alabama ...... 652,726,547 454,824,733 (197,901,814) Alaska ...... 282,066,711 213,461,360 (68,605,351) Arizona ...... 645,075,344 423,184,887 (221,890,457) Arkansas ...... 408,704,023 286,719,068 (121,984,955) California ...... 3,027,693,941 2,162,914,748 (864,779,193) Colorado ...... 439,113,155 305,442,339 (133,670,816) Connecticut ...... 448,398,704 298,155,051 (150,243,653) Delaware ...... 128,377,882 89,408,810 (38,969,072) Dist. of Col...... 131,278,091 89,055,744 (42,222,347) Florida ...... 1,646,926,789 1,102,615,868 (544,310,921) Georgia ...... 1,189,444,266 808,957,462 (380,486,804) Hawaii ...... 138,186,609 92,455,082 (45,731,527) Idaho ...... 240,341,940 168,827,927 (71,514,013) Illinois ...... 1,116,883,893 783,330,484 (333,553,409) Indiana ...... 837,221,544 581,195,810 (256,025,734) Iowa ...... 376,023,626 242,857,239 (133,166,387) Kansas ...... 331,623,187 223,029,846 (108,593,341) Kentucky ...... 563,101,468 388,477,945 (174,623,523) Louisiana ...... 525,533,278 351,623,950 (173,909,328) Maine ...... 145,807,693 101,473,221 (44,334,472) Maryland ...... 526,801,824 351,819,107 (174,982,717) Massachusetts ...... 563,444,067 365,897,655 (197,546,412) Michigan ...... 949,589,055 722,171,474 (227,417,581) Minnesota ...... 516,029,374 391,306,319 (124,723,055) Mississippi ...... 386,729,693 267,581,968 (119,147,725) Missouri ...... 762,557,035 530,486,038 (232,070,997) Montana ...... 307,593,579 218,174,703 (89,418,876) Nebraska ...... 241,810,163 163,744,876 (78,065,287) Nevada ...... 235,089,219 145,744,407 (89,344,812) New Hampshire ...... 148,716,449 100,205,953 (48,510,496) New Jersey ...... 869,636,446 582,846,004 (286,790,442) New Mexico ...... 302,478,979 217,029,410 (85,449,569) New York ...... 1,520,182,342 990,367,322 (529,815,020) North Carolina ...... 926,525,517 651,798,430 (274,727,087) North Dakota ...... 202,565,774 139,213,152 (63,352,622) Ohio ...... 1,166,229,708 840,803,111 (325,426,597) Oklahoma ...... 503,342,513 342,367,319 (160,975,194) Oregon ...... 377,426,038 255,186,729 (122,239,309) Pennsylvania ...... 1,505,915,429 992,854,989 (513,060,440) Rhode Island ...... 169,131,952 109,296,597 (59,835,355) South Carolina ...... 533,174,501 362,727,197 (170,447,304)

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3760 CONGRESSIONAL RECORD — SENATE May 6, 2008 U.S. DEPARTMENT OF TRANSPORTATION—FEDERAL HIGHWAY ADMINISTRATION—COMPARISION OF DISTRIBUTION OF OBLIGATION LIMITATION—Continued [Scenario 1: Obligation Limitation Distribution for FY 2008 Based on Consolidated Appropriations Act, 2008. Scenario 2: Obligation Limitation Distribution for FY 2009 Based on Obligation Limitation of $27.2 Billion]

Total obligation limitation State Scenario 1 Scenario 2 Difference

South Dakota ...... 212,627,616 151,170,837 (61,456,779) Tennessee ...... 705,609,706 488,908,923 (216,700,783) Texas ...... 2,676,992,892 1,855,034,583 (821,958,309) Utah ...... 234,081,641 160,420,055 (73,661,586) Vermont ...... 136,260,491 96,554,996 (39,705,495) Virginia ...... 856,744,956 600,370,965 (256,373,991) Washington ...... 572,683,600 380,729,769 (191,953,831) West Virginia ...... 352,622,384 244,799,450 (107,822,934) Wisconsin ...... 625,583,865 444,299,449 (181,284,416) Wyoming ...... 210,639,995 153,148,013 (57,491,982) Subtotal ...... 32,573,345,494 22,485,071,374 (10,088,274,120) Allocated Programs ...... 4,127,089,170 1,909,255,590 (2,217,833,580) High Priority Projects ...... 2,740,953,600 1,922,227,200 (818,726,400) Projects of National & Regional Significance ...... 410,949,000 230,558,400 (180,390,600) National Corridor Infrastructure Improvement Program ...... 449,988,000 252,460,800 (197,527,200) Transportation Projects ...... 590,259,516 331,158,586 (259,100,930) Bridge (Sec. 144(g)) ...... 92,400,000 64,800,000 (27,600,000) Transfer to Sections 154 & 164 ...... 231,066,579 4,468,050 (226,598,529) Total ...... 41,216,051,359 27,200,000,000 (14,016,051,359)

Mrs. MURRAY. The agency’s table But when Congress began looking The lesson from the Southwest deba- shows all of us the amount of money into the problem, we found it was much cle is that these safety inspections each and every State will see cut next more extensive. Last month, at a hear- matter. They are one of the best indi- year if the highway trust fund were not ing with the Acting FAA Adminis- cators of whether an airline has its act fixed and if we are required to fix it trator, Robert Sturgell, and the De- together when it comes to maintenance through the appropriations process for partment of Transportation inspector and safety compliance. Clearly, the 2009. No State will be spared. Look up general, I learned for well over 5 years FAA needs to bring more focus and your own State. Texas will lose $822 the FAA had not examined whether leadership to meeting its own self-im- million. Kentucky will lose $175 mil- Southwest was using the right safety posed deadlines, and we will be looking lion. Minnesota will lose $125 million. systems for certain maintenance re- for quarterly reports and answers on Maine would lose $44 million. The list quirements. this as we move forward. goes on. Look up your State and learn Now, you can imagine I was con- So with all of these safety concerns what is at risk if we don’t vote to move cerned to hear about that. So I asked as a backdrop, this afternoon we are this bill forward and solve this prob- him how many other airlines had now facing a filibuster from our Repub- lem. missed safety inspections. Mr. Sturgell lican colleagues who want to bring I remind my colleagues that the pro- could not answer me. Well, I asked him down the FAA safety authorization visions in this bill do not fix the trust to get it back to me. I finally received bill. We have a bill before us that clear- fund on the long-term basis. The fix an answer. The FAA now tells us it has ly offers us a chance to make a dif- that is in this bill will only be suffi- failed to perform dozens of mandatory ference for safety, for our airlines, for cient to keep the highway trust fund in inspections at seven other major air our passengers, for our highways, and the black through 2009. But cutting carriers. for our economy. We are talking about a bill that ensures the safety of our air this provision would not just mean In fact, the FAA now says it has travel. This is a critically important States would lose the ability to make missed more than 100 of these required bill and, by the way, until recently a urgent road improvements, it would safety inspections at major airlines. bipartisan one. But now we are hearing also mean a loss of a half million jobs Mr. Sturgell said that part of the rea- that the Republicans want to wage across our Nation. son might be ‘‘inadequate resources.’’ their 68th filibuster on a bill that is Many of my colleagues have talked Well, I am not sure how that could be. important to all of us. about the terrible impact felt in the I have been working, along with my We have the ability to move forward. construction sector by the recent eco- colleagues, to increase funding for FAA I urge our Republican colleagues to nomic slowdown. Some have called for inspections for the last 7 years—in fact work with us and to not obstruct this economic stimulus proposals to get the and this is true of my appropriations bill this afternoon because anyone who sector back on its feet. subcommittee, whether I have been has stood in an endless line at an air- I have to say, stripping the highway chairman or my Republican colleagues port or had their flight canceled or trust provision out of this bill will have been chairman, for the last 4 wanted to have important highway im- have the exact opposite effect. It will years. We have provided more funding provements done is counting on us to mean layoffs at a time when our econ- for more safety inspectors than the do the job. So I urge my colleagues to omy badly needs help. So I hope our FAA has ever requested of us. So this is negotiate instead of blocking progress, colleagues take that into consideration a funding issue? The FAA hasn’t been and I hope they will work with us to do when we vote this afternoon on wheth- honest about the true needs of its agen- this quickly as we move to the bill er to move forward on this bill. cy. today. In addition, I hope my colleagues re- Now, I know Congress has been doing Mr. President, I thank you, and I member that earlier this year we its part to build the inspection work- yield the floor. learned some disturbing news about force without the benefit of a request The ACTING PRESIDENT pro tem- the FAA’s handling of safety inspec- from the FAA, and as a result, we have pore. The Senator from Maryland is tions at Southwest Airlines. We hundreds more inspectors across the recognized. learned that the FAA had not reviewed country than the FAA has ever re- Mr. CARDIN. Mr. President, first I Southwest’s system for complying with quested. Either way, I have serious wish to thank Senator MURRAY for her certain agency safety directives since concerns because the agency has in- comments. I couldn’t agree with her 1999. That revelation caused a great sisted that the airlines must be the more. I know the people of Maryland deal of concern about the FAA’s safety ones to guarantee the safety of their are very much concerned about the inspections across the country, with operations, and it is said that FAA in- FAA reauthorization bill and getting it very good reason. Those inspections spectors are best used to ensure that done. Passenger safety is critically im- are important because they help our the airlines have assistance to do the portant to the people of Maryland and airlines and the FAA discover potential job. Now we are being told that the this Nation. Modernizing our air sys- problems and address them before FAA is years behind in inspecting tem is very important. I thank Senator there is a tragedy. those very systems. MURRAY for the comments she made.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3761 JUDICIAL APPOINTMENTS has come forward. Let’s consider it on the future of America. So I urge my Mr. CARDIN. Mr. Presidentt, I wish the floor for the sake of the people of colleagues to put aside partisan dif- to first respond, if I might, to the com- this Nation—for their safety. We know ferences and allow us to let democracy ments Senator KYL made in regard to that every year millions and millions work. Allow us to vote on the issues. consideration of judicial appointments. more people are flying. Air traffic is Allow us to bring forward this criti- Of course, one of the most important up. We need to modernize our system cally important bill to the people of responsibilities each one of us in the for the safety of the people of this this country. We will have a chance to Senate has is to deal with confirmation country. do that later today, and I hope that the of judges who have lifetime appoint- We need more safety inspectors; we necessary Members of this body will ments to the Federal bench. It seems certainly know that from what has vote to put aside their partisan dif- to me the Republicans are criticizing happened this year with the number of ferences and allow us to have a vote for the Democratic leadership because aircraft that were not properly in- the sake of the safety of the people of sometimes they think we move too spected. This bill will provide the this Nation. slowly, and now they are criticizing us wherewithal in order to make sure we With that, Mr. President, I yield the for moving too fast on nominations. I carry out the inspections in the best floor and suggest the absence of a don’t quite understand it. interests of the people of this Nation. quorum. I hope the public will look at the I am sure people are very aware of The ACTING PRESIDENT pro tem- record. When President Clinton was their fellow citizens being stranded on pore. The clerk will call the roll. President of the United States, when runways for up to 11 hours without The bill clerk proceeded to call the he left office, there were 32 vacancies being tended to. This legislation pro- roll. on the circuit courts of this Nation. vides for a passengers bill of rights so Mr. ROCKEFELLER. Mr. President, I Today, that number stands at 12. We that we have some basic protection for ask unanimous consent that the order have moved the confirmation process those who travel by air in this country. for the quorum call be rescinded. It is important for our entire coun- forward. I think we have done it in the The ACTING PRESIDENT pro tem- try, but let me just point out what it appropriate manner. pore. Without objection, it is so or- means in Maryland. I would also point out that there dered. We have 20 million passengers who go f have been three circuit court judges through the Baltimore/Washington who have had some controversy sur- International Thurgood Marshall Air- CONCLUSION OF MORNING rounding their confirmations in which port, adding $5.1 billion to the economy BUSINESS there was opposition by Democrats, of my State of Maryland. I could talk The ACTING PRESIDENT pro tem- but at no time did Democrats delay the about the essential air service which pore. Morning business is closed. consideration of those nominations on affects one community in my State, f the floor. They came up, they were the Hagerstown Regional Airport. That FAA REAUTHORIZATION ACT OF voted on, there was never a filibuster, is in this bill. and there was never an effort made to My point is that this bill is a com- 2007 slow it down. In fact, on one judicial prehensive bill that affects every part The ACTING PRESIDENT pro tem- appointment that was voted for on this of our country, and it deserves a vote pore. Under the previous order, the floor, it was the Republicans who asked on this floor. Senate will resume consideration of for the delay so they could get the nec- Hagerstown Regional Airport is criti- H.R. 2881, which the clerk will report. essary votes to get the nomination out cally important to the economic devel- The bill clerk read as follows: of committee. So I think the record opment of the people of that region, A bill (H.R. 2881) to amend title 49, United speaks for itself as to the consideration and the central air service which is ex- States Code, to authorize appropriations for of judicial appointments. tended in this legislation allows it to the Federal Aviation Administration for fis- f become the economic stimulus for ad- cal years 2008 to 2011, to improve aviation ditional growth in the Hagerstown safety and capacity, to provide stable fund- FAA REAUTHORIZATION ing for the national aviation system, and for area. So there is a lot depending upon other purposes. Mr. CARDIN. Mr. President, I think this bill moving forward. it is ironic that the Republican whip Yes, later today we are going to have Pending: used this opportunity to talk about de- a vote. It is a very simple vote. It is a Rockefeller amendment No.4627, in the na- laying judicial appointments when the vote on whether we are going to move ture of a substitute. Republicans are in their 68th filibuster Reid amendment No. 4628 (to amendment forward on the legislation or we are No. 4627), to change the enactment date. in this Congress. Sixty-eight filibus- going to allow the filibuster to con- Reid amendment No. 4629 (to amendment ters. The most recent, of course, is the tinue—the 68th filibuster the Repub- No. 4628), of a perfecting nature. Federal Aviation Administration Reau- licans have initiated in this Congress. Reid amendment No. 4630 (to the language thorization Act, the bill that is on the Majority Leader REID has made it proposed to be stricken by amendment No. floor right now that we will have a clear that if the Republicans or any 4627), to change the enactment date. chance to vote on later today. We have Member of the Senate doesn’t like a Reid amendment No. 4631 (to amendment been on this bill for over a week with- provision in the bill, they can offer an No. 4630), of a perfecting nature. out a vote because the Republicans are Motion to commit the bill to the Com- amendment to take it out. We will mittee on Finance, with instructions to re- filibustering it. This is a bill which is have a vote on that amendment. There port back forthwith, with Reid amendment critically important to the people of is no effort being made here to stop de- No. 4636, to change the enactment date. this Nation—first and foremost because bate. What we are trying to do is take Reid amendment No. 4637 (to amendment of safety. I think Senator MURRAY up a bill, not spend a full week in doing No. 4636), of a perfecting nature. pointed this out very clearly. no work on the floor because we are in Rockefeller amendment No. 4642 (to We need to implement the next gen- a filibuster. Let’s end this filibuster, amendment No. 4637), of a perfecting nature. eration of an air transportation system let’s take up the amendments, let’s The ACTING PRESIDENT pro tem- that was recommended in 2004. We still vote on the amendments, and let the pore. The Senator from West Virginia. haven’t implemented that. This legis- majority rule on this very important Mr. ROCKEFELLER. Mr. President, lation provides $290 million annually to subject. That is what we are asking for it is an interesting situation in which modernize our satellite-based system. I today. we find ourselves today. am told there are some automobiles This is a bipartisan bill. It has en- I guess I have to say last week was that have more sophisticated guidance joyed bipartisan support. The public the most frustrating week I have spent systems or satellite identification sys- wants us—Democrats and Repub- in the Senate in my 24 years here. We tems than our planes. We need to do a licans—to work together on issues that are discussing an aviation bill which better job. are critically important to the future has highway provisions. We are dis- We have a bill that was crafted in a of our country. Air traffic and pas- cussing, for example, in the Presiding bipartisan way in our committee that senger safety is critically important to Officer’s State, the need for essential

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3762 CONGRESSIONAL RECORD — SENATE May 6, 2008 air service, shown by its loss of Fron- they have to be somewhere, they have of interest to her. She said that sounds tier Airlines, and my State there is a to visit somebody sick in their family. pretty good. It was the following: All similar situation and other States are What is interesting is the general aviation taxes, keep them but raise in similar situations. aviation community is paying for nothing on commercial airlines. Why? We are also talking about the fact about 3 percent of the entire cost of the Because you have to hold them harm- that airlines are not being run in a safe air traffic control system—3 percent, less because they are broke—some are enough manner. We are talking about which means the commercial airlines in chapter 11, some in chapter 7—what- the fact that we are just behind Mon- are paying 97 percent. Yet the general ever it is they are in a mess. Keep the golia in terms of our air traffic control aviation community dominates the highway funding provisions. There are system, in terms of its relevance to the skies at any given moment. There are those who believe it is pretty impor- modern age. It is a very scary situa- an average of 36,000 planes in the skies tant. It creates a lot of jobs. But strike tion. during the day, and two-thirds of them the tax increases to pay for the high- Last week, we did not hold a single are likely to be general aviation. way funding, to use general funds—rev- vote. We were on the aviation bill all Of course, as soon as I said that, enues to pay for highway spending. week, but we did not have a single vote every Senator got 1,500 telephone calls Keep the bonds for New York. Keep on aviation. I find that interesting, and from high-end jet users. I was on the railroad bonds. Strike tax increases to I find it profoundly depressing, and, to Commerce Committee. We had to work pay for bonds. a certain extent, it defines what the this out with the Finance Committee. I We take sort of the extraneous finan- American people find so inadequate worked with the Finance Committee, cial parts of the aviation bill, which do about Congress or, in this case, the and we came up with a system that not deal directly with aviation—and Senate. didn’t put that kind of burden on the therefore you could say: What are we We have ideas, people work very general aviation system. doing this for? You know you want hard, they work long hours, staff works My provision, which they said was money in the highway trust fund. I do. particularly long hours, we negotiate, really quite a horrendous thing to con- We do in West Virginia. The Presiding Members negotiate, we come to what sider, was when a 737 or GV or GVIII Officer’s people do in Montana. We we think is an agreement, and then takes off, they have to pay a $25 fee. If agreed to say, as we did with the alter- days go by and nothing happens. they flew to Bonn, which has this sys- native minimum tax—the Republicans voting along with that—that we would I repeat, I have never been through a tem already, obviously—all of Europe do these things, but we would not pay situation where we have been on a bill does—if they returned, they would for them. That warmed my heart be- which is this important and where 1 have to pay another $25 fee. That would cause it struck me that we were ap- billion passengers are going to be using be a total of $50. proaching a deal. this air traffic system in 2015 and they They began to talk about the end of Then we agreed—that is, between are going to be using it on basically a general aviation as we know it. I stood Senator HUTCHISON and myself—to ‘‘Polaroid camera’’ technology system. back, aghast, at the sense of perspec- strike the pension provision, which af- We have not had crashes. We did have tive in all of this. What they very well fected American Airlines and a couple one in Kentucky, but it is a little bit know is in general aviation we ex- of others, on the basis that it was al- similar to post-9/11: Unless you have cluded 90 percent of all general avia- ready settled law. It had been settled crashes that attract lots of cameras, tion aircraft from this provision—crop last year. It was the law of the land, people begin to lose interest. If there is dusters in Montana up to King Airs, ev- and you don’t just remove it. anything not to lose interest in, it is erything was excluded; everything. Then there was kind of a return offer. not only the war on terror, but it is Single-engine planes that doctors and It started out with no New York bonds. also aviation safety. lawyers fly to calm their nerves and The New York bonds are in the Presi- I repeat, we had all last week devoted get their heads in order—all those are dent’s budget. They are part of the to the aviation bill. We had one vote excluded. Only the high-end jets—rich commitment the U.S. Government and over the course of 5 days. That vote people, big corporations, big planes the President of the United States was a procedural vote—not the kind of getting the full attention of the air made to the State of New York after thing that raises you out of your seat traffic control system would have had the 9/11 attacks. So that seemed to be with excitement. Other than that, we to pay the fee in my provision. something that could be done. But a did not vote on one aviation issue for I negotiated this provision with Sen- lot of people, evidently, don’t like New the entire week. ator BAUCUS, the chairman of the Fi- York—it would appear to be that way— When Senator Lott and I began this nance Committee. He had a different so they said we have to get rid of those process a long time ago, we operated in perspective on this issue. Because he New York things. They also wanted to a completely bipartisan manner. Sen- has superb staff and he himself is very change the railroad bonds from tax ator HUTCHISON and myself were doing good, I understood I was not going to credit bonds to tax-exempt bonds. That the same thing. We wanted to work to- get anywhere with my approach— is cheaper. Maybe we can live with gether. We had worked together before which is a very small, little item in all that. Working with Finance, we could on the aviation subcommittee. We had of this. So I backed off from my ap- likely work out a deal on railroad operated in a bipartisan manner. Sen- proach and I eliminated this horren- bonds, though railroads are not avia- ator REID wanted to bring the FAA re- dous, Draconian, Attila the Hun-type tion, but they are a serious matter. authorization bill to the floor. It was $25 fee that it would actually take That would probably be worked out. timely. It was important. I worked should the Presiding Officer own a G–8, However, New York bonds we were told very hard, from my point of view, to that he wouldn’t have to pay that. He are simply off the table. That will af- compromise. simply would not have to pay that. He fect rather deeply one New York Sen- I have a very large problem with the could just go right off and fly to Bonn ator I can think of, who has a way of fact that high-end corporate jets and and not pay that $25. So I backed off on expressing himself quite strongly on personal jets that may have one or two that. this issue. But other than that, it people on them, plus stacks of sand- Then everything began to come to- seemed to me that everything could wiches and goodies, take the same gether, and I was really encouraged get pretty well worked out. amount of time for the air traffic con- that the full Senate could reach an The problem was I had not heard trollers to navigate through the skies agreement once the Commerce and Fi- from Senator HUTCHISON, and none of as some airplane that have 300 people nance Committee bills were reconciled, my staff had. We didn’t really know, aboard. A plane which is headed some- and this appeared to be happening. But, therefore, what she was thinking. She where in America with people who have on the other hand, there were other had said: That seems like a pretty good all kinds of work they have to do. issues, so I got together with Senator idea. Then we get back this other pro- Some are on vacation, because we are HUTCHISON, and our staffs got together. posal, which complicates things. at that time of year, but most people Actually, it was Leader REID who Now I understand that Senator are traveling because they have to came up with a very smart idea. The HUTCHISON, the Republican leader, Sen- travel—they have to go to a meeting, idea, Senator HUTCHISON told me, was ator MCCONNELL, are in conversation. I

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3763 pray—I earnestly pray that they are in your bill. Actually, it is an amend- states it is working to address each conversation right now about what to ment, but if that amendment passes new problem that becomes public. But do about this because I really don’t and it is not agreeable to others, then with each new story, we have more want to spend the next week not vot- the whole bill fails. That is not the way questions than answers about the agen- ing, and I really don’t want to come to democracy is meant to work. cy’s commitment to the ability to ad- a cloture vote this afternoon which Now, I have very high regard for Sen- dress pressing safety issues. cannot possibly pass because, in more ator HUTCHISON, and I really do believe At an aviation subcommittee hearing or less uniform fashion, the other party we can work out all of the aviation-re- several weeks ago on this issue, I called votes against it. lated amendments to this bill in a bi- for the Secretary of Transportation That is my sense of where we are at partisan fashion. I will not give up on and the White House to engage on this the moment. A number of people have that. I never give up on anything. issue. And I would actually make a come down and spoken about the bill. We cannot work out the disagree- point here. I am not aware of any They have spoken usefully. But the im- ments over nonaviation issues but, White House involvement on any of portant thing was that we chose not to then again, maybe we can. As I have these issues about aviation at any act. We simply chose not to act. I reit- indicated, I will come back to this bill point. erated that our aviation system is on at a moment’s notice. It should not I have not talked to anybody from the brink of collapse. Our air traffic take a crisis or a major accident, a the White House nor has any staff. system cannot handle the burdens of bankruptcy that strands tens of thou- They are just watching it happen. today, much less tomorrow. sands of passengers, or a long hot sum- There is a pattern to this, but the pat- I repeat my oft-used example of land- mer for this bill to be considered. tern in this case is a cruel one because ing at Washington National Airport I will say also that Senator INOUYE it is sort of deliberately condemning. I the other day and it was just wall-to- and Senator STEVENS want to continue think it is fairly well understood that wall people, from one end of the airport this as soon as we can. So I do urge my much of what happens on the Senate to the other. I really couldn’t figure colleagues to take the long view. At floor emanates from directions from that out what it would look like in the appropriate time I will urge them the White House. about 5 more years and when we were to vote for cloture. In the mean time, So I call for the Secretary of Trans- soon going to have 300 or 400 million I stand here as manager of the bill portation and the White House to en- more people using this airport. What without much going on. And I have gage on the issue. The administration would it look like? How could it ex- gotten accustomed to that, but I have issued a number of statements and pand? What do air traffic control peo- not gotten to like it any more. committed to undertaking serious re- There are no amusing aspects to it ple do? In the meantime, the commer- view of the FAA’s safety oversight. cial airline industry is losing billions nor, most importantly, for the airlines I am still not convinced it appre- of dollars, and the increasing cost of and the people who travel on them. So ciates the severity of the challenges fuel could force additional bank- since I am here alone, and not chal- facing the FAA. I get the distinct im- ruptcies, and that means even more lenged by any others, I will continue to pression the changes the FAA imple- widespread job losses. If we do not pass make some other remarks, and I will mented are in response to our actions this bill, essential air service dis- talk about aviation safety because I in the Congress. I still need reassur- appears. Airport improvement develop- haven’t sufficiently had an opportunity ances that the senior leadership at the ment programs, which all rural States to discuss this. It is a speech that I FAA, the DOT, and the White House depend on with every fiber in their would either give this afternoon or this itself recognize the extent of the FAA’s body, will disappear. And our constitu- morning. So why not give it this morn- problems and are committed to recti- ents whom, the last I heard, we rep- ing when I am sure I can give it all. fying them. I do not think that is un- resent, we would be saying to them: Aviation safety provisions are obvi- reasonable. This is a massive national You go ahead and wait for 9 hours or 2 ously at the core of our legislation to problem which people take for granted, days, a lot of cancellations, and that is reauthorize the FAA and are funda- but they cannot anymore because the really OK because we can’t agree as be- mental to the public’s faith in our system is collapsing. tween the two sides. aviation system. The FAA is respon- I am boggled by the concept of us ig- sible for overseeing the largest and I know many in the FAA and the in- noring a problem so huge for so long— most complex aviation system in the dustry cite the fact that there has not just in the past week, much less in the entire world. been a fatal airline accident in almost last 10 to 15 years. Compromise is the I am proud to say our country is a 2 years, and that statistically this is essence of the Senate. I had hoped and global leader in aviation safety. But as the safest time in the history of avia- I truly believed that we could make the I have cautioned before over the last tion to fly. That is the kind of state- necessary compromises to move this months, that reputation has come ment, as soon as I hear it, I automati- bill. I still hope that. I am always opti- under serious doubt and there are al- cally start having darker thoughts be- mistic. ways numbers to be looked at under- cause it is much too simplistic and op- I compromised, as I said, on what are neath—you know, a number of acci- timistic a statement to make under to me a number of really basic core dents, and the FAA’s lax oversight of any situation. issues in order to move this important Southwest Airlines has cast a serious They happen to be correct, statis- legislation forward. Senator BAUCUS pall over the agency’s ability to exe- tically. I still want to believe and be and I had a number of serious policy cute its core mission. certain that the United States has the differences over how to fund the mod- Around that is the safety of the Na- safest and best air transportation sys- ernization of our air traffic control sys- tion’s aviation system. Unfortunately, tem in the world. Although the United tem, but because of the urgency of the the agency’s casual oversight of South- States has not experienced a tragic ac- legislation and our good working rela- west does not appear to be an isolated cident since August 2006, the fatal tionship, we reached agreement. Why? incident, despite the agency’s claims to crash of a commuter carrier in Lex- Because we had to. I only wish our col- the contrary. Just the other day the ington, KY, our aviation nevertheless leagues shared this sense of urgency. front pages of our Nation’s newspapers has experienced a disturbing number of People sometimes have their par- described another potential FAA cover- significant safety lapses. Any safety ticular parts of a bill which they raise up, this time on runway safety viola- lapse is either inches or feet or seconds to sort of a sainted status. tions. And nobody has thought about away from becoming a tragedy. They are called amendments. And if that very much. That simply is air- Although the FAA’s oversight of air- you are a floor manager of a bill, you planes taxiing on runways either to get line maintenance has dominated the are trying to pass a bill. On the other to the terminal, or to get away from newspapers and the question of wheth- hand, if you are an individual Member the terminal, and to get into the air. er their maintenance should be done of the Senate and you have a particular So air traffic controllers do not just offshore, without particularly rigorous issue that you care about and you put look up in the sky, they have to look oversight, the number of serious run- it up as an amendment, and it becomes down on the runways. I know the FAA way incursions remains unacceptably

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3764 CONGRESSIONAL RECORD — SENATE May 6, 2008 high and, as the General Account- foremost, we authorize 200 more safety air safety issues identified by its em- ability Office has stated, they are inspectors. I do not know if that is ployees. This develops a new review trending in a troubling direction. enough; it probably is not, but the FAA team under the supervision of the De- I love that phrase, ‘‘trending in a has always been overlooked. It is like partment of Transportation inspector troubling direction,’’ which, out of a the Veterans’ Administration which general; that is, the DOT IG who con- Government agency, means that you was overlooked until somebody wrote a ducts periodic reviews of FAA over- are approaching catastrophe. story in the Washington Post that took sight of air carriers. As I have said, having the safest sys- this Congress and just shook it from It requires a comprehensive review of tem in the world does not mean it is head to toe. the FAA Academy and facility training safe enough. I am deeply concerned We will never be the same again with efforts to clarify responsibility and that the risk of a catastrophic accident respect to veterans, at least I pray that oversight of the program at the na- is increasing rather than decreasing. we will not. I do not believe we will. So tional level and establishes standards We have all read the stories of near the Appropriations Committee has al- to identify the acceptable number of misses at our Nation’s airports. Let’s ready substantially increased FAA developmental controllers at each fa- be honest. Had it not been for the funding for inspectors for this fiscal cility. That is not a Shakespearean quick thinking and actions of a few year. And this bill will give the ability paragraph, but I hope the Presiding Of- controllers and pilots, our Nation to do more in subsequent years because ficer and the ranking member of the would have had at least one if not sev- it is a multiyear bill. Finance Committee understand what I eral major accidents claiming the lives I want to take a few minutes and am saying. of hundreds of people. outline the safety provisions in the bill As a recent New York Times article I do not mean to be overly dramatic that I believe will strengthen the said: or to scare the public, but I am grow- FAA’s oversight of airlines. It makes One of the most critical challenges in avia- ing increasingly concerned that our sure the FAA’s voluntary disclosure re- tion safety is improving safety conditions on aviation system is operating on bor- porting process requires that inspec- our nation’s runways. rowed time. A National Transportation tors verify that the airlines actually I am back at them. Over the past Safety Board member testified before took the corrective actions they stated year, we have seen a marked increase our aviation subcommittee of the Com- they would. That is like a teacher cor- in the number of serious misses on our merce Committee earlier this month, recting a math test. It is one thing to Nation’s increasingly crowded run- and he stated he believed the next take a math test; it is another thing to ways. Again, this legislation includes major aviation accident would not have it looked at and graded. You find provisions to reduce the number of run- likely be in the sky, or some plane out whether you passed. way incursions. It does so in the fol- crashing into a mountain, it would It is very sensitive. It would evaluate lowing manner: take place on a runway. That would be if the air carrier had offered a com- First, the bill requires that the FAA the next major accident. prehensive solution before accepting develop a plan for reduction of runway Many, including myself, have criti- the disclosure and confirms that the incursions through a review of all com- cized the agency for being too close to corrective action is completed and ade- mercial airports and establishes a proc- the industry it regulates. Now, that is quately addresses the problem dis- ess for tracking and investigating both an easy statement on my part to make, closed. That is sensible. That is in the runway incursions and operational er- and not fair in its entirety because we bill. That is in the bill on which we did rors that includes random auditing of have some very good inspectors. We not have a single vote all last week, ex- the oversight process. That is not have some very good people in the in- cept for one procedural one. Shakespearean either, but it is pre- dustry that are trying, and then there It implements a process or second- cisely accurate, and it is what needs to are probably weaknesses on both sides. level supervisory review of self-disclo- be done. It directs the FAA to create a There certainly are weaknesses on both sures before they are accepted and plan for the deployment of an alert sys- sides. closed. Acceptance would not rest sole- In 1996, to stave off efforts to pri- ly with one inspector. This is an impor- tem designed to reduce near misses. vatize the FAA Congress accepted at tant statement. So you do not get cozi- This alert system must notify both that time a provision from both Demo- ness; inspectors change. air traffic controllers and flight crews cratic and Republican administrations It revises the FAA’s postemployment about potential runway incursions. The so they could operate the FAA more guidance to require a cooling off period establishment of this system is one of like a business. We gave the agency of 2 years before an FAA inspector is the NTSB’s highest aviation safety pri- special authority so it could run more hired at an air carrier he or she had orities. like a private entity. The theory was previously inspected. While we do that In addition, the bill requires a num- that by running it like a business, it increasingly, I cannot think of a more ber of other safety provisions, includ- would cost less to operate. We must important place to do it than in the ing a provision to reduce the flamma- recognize that the FAA is not a busi- FAA safety inspections. It implements bility of airplane fuel tanks. This was ness; it is a Government agency paid a process to track field office inspec- identified as the direct cause of the for by the people who it may or may tors and alert the local, regional, and TWA 800 crash which occurred over a not be protecting. headquarters offices to overdue inspec- decade ago. I know the issue is a pri- The FAA does not provide commer- tions. One of the problems is people get ority for Senator SCHUMER. cial services, it provides public goods, way behind on inspections, the airlines Improving the safety of our Nation’s and they are called air traffic control, do. The FAA does a lot of paperwork. aviation system is one of the most aircraft certification, and safety over- All of the problems with an under- paramount objectives of this bill. I be- sight. funded agency, which we in the Con- lieve we have made substantial We, that is the taxpayers of the gress and administrations, both Repub- progress with respect to this objective. United States, pay taxes for these serv- lican and Democrat, have tended to put I look forward to further debate on the ices. This is not a private enterprise in a secondary category. safety provisions, as Senators come to matter. We need to start thinking The process must incorporate some- the floor. I welcome any input that about this agency very differently. thing called ATOS, the Air Transpor- might improve these sections of the That is not meant to diminish the peo- tation Oversight System, reviews to bill, but even more importantly, that ple who work for the FAA or run the determine full compliance with air might actually get us to a point where agency. This is simply a challenge for worthiness directives at a carrier over we can vote on a bill. policymakers. a 5-year period that incorporates phys- I thank the Chair, yield the floor, I believe it is a challenge that this ical inspection of the sample of their and I suggest the absence of a quorum. bill begins to address. The Aviation In- aircrafts. The ACTING PRESIDENT pro tem- vestment Modernization Act provides It establishes an independent review pore. The clerk will call the roll. the FAA with additional needed re- through the Government Account- The legislative clerk proceeded to sources to do a lot of things. First and ability Office to review and investigate call the roll.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3765 Mr. GRASSLEY. I ask unanimous gether to get a bill to the floor. The Fi- wam, bam, here it is, take it or leave consent that the order for the quorum nance Committee works out its dif- it, special interest provisions cooked call be rescinded. ferences between Republicans and up in the offices of leaders of the The ACTING PRESIDENT pro tem- Democrats on financing. The Com- Democratic caucus. It is not the way pore. Without objection, it is so or- merce Committee works out its dif- we ought to legislate. dered. ferences between Democrats and Re- We have been told that by people on Mr. GRASSLEY. Mr. President, I ask publicans on the policy of airports and the other side of the aisle many times. unanimous consent that the next Re- aviation. Then you have to get these I wish to make reference to at least publican speaker be Senator VITTER. two committees together to move one of those times. I seem to recall a The ACTING PRESIDENT pro tem- things to the floor of the Senate. lot of outrage when these kinds of nar- pore. Without objection, it is so or- Last year, the Commerce Committee row provisions were airdropped into a dered. acted first. The Finance Committee conference report when we Republicans Mr. GRASSLEY. Mr. President, we acted a few weeks later. The Finance were in the majority. No one was loud- are in a situation where a couple hours Committee, as part of its compromises, er than the proponent of the amend- from now we will have a vote. I am addressed airline pensions. We have ment that was last week on the Senate sure people across the country watch- heard many arguments pro and con floor than the Democratic whip. If we ing this debate might be wondering about the merits of the Finance Com- had a C–SPAN checker, you could roll what is going on, on this Federal Avia- mittee provision. I addressed the mer- the tape back a few years. But I will tion Administration reauthorization its myself at length last week so I will have to settle because I am not going bill. I would like to shed some light on not repeat them now. But in a few mo- to roll C–SPAN back to demonstrate where we are. As I shed some light, I ments I wish to respond to some of the the inconsistency of what is going on wish to respond to some of the fiction points made by opponents of the Fi- here, for a New York Times article I that has taken the guise of debate. nance Committee provision. wish to refer to. On Wednesday of last week, two Sen- As I said earlier, the substitute that I ask unanimous consent that this ators, one Republican and one Demo- was before the Senate until last Thurs- letter be printed in the record. crat—Senator HUTCHISON and Senator day was a product of a compromise be- There being no objection, the mate- DURBIN, respectively—offered an tween the Finance Committee and the rial was ordered to be printed in the amendment to strike a provision in the Commerce Committee. Under that RECORD, as follows: substitute amendment then before the compromise, the Federal Aviation Sub- [From the New York Times, Sept. 11, 1997] Senate. The substitute then pending committee chairman and ranking Re- was the product of extensive staff nego- publican were managing the bill. They SENATE REPEALS TAX BREAK FOR THE TOBACCO INDUSTRY tiations and Member discussions be- were, however, at a minimum, under (By Lizette Alvarez) tween two committees with jurisdic- the obligation to consult with the Fi- tion over the Federal Aviation Admin- nance Committee chairman who is In another resounding setback for the to- istration program. The two committees bacco industry, the Senate voted overwhelm- Senator BAUCUS of Montana and the ingly today to repeal a $50 billion tax break were the Finance Committee, on which ranking member who happens to be for the industry that was slipped into the tax I serve, and the Commerce Committee, this Senator with respect to Finance cut legislation just before it was passed in on which I do not serve. Committee matters in that substitute. July. People who may not understand how That compromise and understanding The repeal amendment, sponsored by Sen- the Senate works or does not may won- was violated when the Democratic ators Susan Collins, Republican of Maine, der what the situation is. I would like floor manager unilaterally modified and Richard J. Durbin, Democrat of Illinois, to explain there are certain elementary the substitute. Under the rules of the passed by a vote of 95 to 3. It would delete a things about the Senate that are fun- one-sentence provision in the tax package Senate, he had that right. The modi- that permitted tobacco producers to subtract damental. First, nothing gets done in fication was directly adverse to the in- $50 billion from the amount they would pay the Senate that is not somewhat bipar- terests of the Finance Committee under a proposed legal settlement with a tisan because of the benefit of debate members’ compromise among them- group of state attorneys general. for minorities to hold up legislation selves. So the managers breached that Senator Durbin hailed the vote as a sign until things are accommodated—mean- compromise, plain and simple. That that the tobacco industry’s sway was waning ing compromise. It is often difficult to compromise was breached. on Capitol Hill. get one committee’s Republicans and What matters worse is the Demo- ‘‘The overwhelming vote sends a clear message, first to the tobacco companies: Don’t Democrats together to get agreement cratic leader backstopped the Demo- try this type of backroom deal and deception to bring something to the floor that cratic floor manager’s violation of the in the future,’’ Mr. Durbin said. ‘‘It is really can get passed. It is difficult to get Re- Commerce-Finance Committee com- an example of the old school of politics, the publicans and Democrats on one compromise by filling the amendment tree. old style of politics.’’ mittee together, but then we have the Basically, for those watching, that As the Senate was dealing a blow to ciga- added benefit of the Commerce Com- means nothing is going to be brought rette makers, top White House officials were mittee getting together for a com- to the Senate floor as an amendment engaged in a debate over how to approach promise, and then working out com- without the unanimous consent of the proposed nationwide tobacco accord. Some of President Clinton’s closest advisers promises between the Finance Com- somebody who has that responsibility were pushing him to issue a strong endorse- mittee and the Commerce Committee on the other side of the aisle. So with ment of the $368.5 billion tobacco proposal, makes it doubly or, in a triple manner, tremendous power in one person, what while others—including Vice President Al difficult to get things done on the Sen- we call the amendment tree is filled. Gore and top officials of the Department of ate floor. So we have two committees Now, we all know the proponent of Health and Human Services—were urging a that reach accommodation bringing a the amendment, the Democratic whip, more moderate approach in which the Presi- bill to the floor. After it gets here, has a lot of power. That power was dis- dent would spell out his goals without em- then it runs into trouble. played when the offending narrow pen- bracing a specific legislative plan for achieving them. The Finance Committee’s involve- sion provision I have already referred Tension within the Administration over ment in this is determining the avia- to—the pension provision the Finance the agreement is not likely to be resolved tion excise taxes, and it controls the Committee was trying to correct—was until next week, when Mr. Clinton is ex- airport and airway trust fund. We have airdropped into a conference report on pected to decide whether to back the pro- to raise revenue. Without that money, Iraq spending last year. There were no posed tobacco agreement, which has power- there would not be much the Federal hearings. There was no markup. There ful critics among public health experts and aviation program could ever accom- was no committee process. There was Democrats in Congress. plish. On the other hand, the Com- no transparency, just airdropped in a Today’s vote on the $50 billion tax provision indicates that whichever course the merce Committee develops all the pol- war supplemental conference com- President adopts, a sweeping settlement icy and all the programs that involve mittee report, something that every- with the tobacco industry will not be en- airports and aviation. So that is how body knew was going to pass and be acted until it faces months of scrutiny in you get two committees working to- signed by the President. So airdropped, Congress.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3766 CONGRESSIONAL RECORD — SENATE May 6, 2008 Public health advocates began a last-ditch agreed to earmark $34 million to pay for a ly yearlong conference negotiations on round of lobbying to persuade Mr. Clinton to crackdown on illegal sales of cigarettes to that pension bill. Forget about all the reject the settlement, which was negotiated underage youths. hearings the House and Senate tax- by state attorneys general, plaintiffs’ law- The pressure was also stepped up on Tues- writing and labor committees held on yers and tobacco industry representatives. day by Senators Tom Harkin, Democrat of Dr. David A. Kessler, former Commissioner Iowa, and Connie Mack, Republican of Flor- pension reform in the year 2006. Forget of Food and Drugs, met with top White ida. The two announced that they planned to about the delicate compromise worked House aides and members of Congress today introduce legislation to prevent tobacco out on the way the funding rules af- to urge them to reject the proposed settle- companies from writing off one-third of the fected airlines. ment in favor of a $1.50-a-pack tax on ciga- billions they would have to pay under the All of a sudden none of that rettes. settlement. mattered. The Democratic whip noted Dr. Kessler maintained that substantial The bill would funnel the money to the Na- his victory. None of that mattered. So, price increases were the only proven means tional Institutes of Health to help pay for re- consequently, here we are: a person of reducing smoking by teen-agers. He was search on cancer, emphysema and other dis- preparing to testify before a Senate com- eases linked to smoking. who 11 years ago found fault with the majority party airdropping some- mittee on Thursday that the proposed settle- Mr. GRASSLEY. It is dated Sep- ment amounted to a bailout of the tobacco thing—in other words, stuffing some- industry and would not significantly reduce tember 11, 1997. That article deals with thing—in conference without debate, minors’ use of tobacco. a very successful effort on the part of without hearings, without committee The tax provision repealed today in the the present Senate Democratic whip to markup, doing the same thing 10 years Senate would have effectively allowed to- remove any extraneous matter that later. bacco companies to save $50 billion on the had been airdropped into a conference proposed settlement by claiming a dollar- What he was able to successfully cor- report on a popular tax relief bill by rect in 1997, we are trying to correct for-dollar credit on a 15-cent cigarette tax the then-Republican majority of the increase. The tax was approved in July by now. We have obstacles put in the way: Congress to underwrite health care for chil- Senate. The offensive measure was a things such as having a very unusual dren. tax credit for payments made by to- compromise worked out, junked by the Although the Collins-Durbin amendment bacco companies in the tobacco court managers of the bill, and backed up by won near unanimous support in the Senate settlement. The Democratic whip suc- an amendment tree being filled so no- today, its survival depends on two things: cessfully repealed that airdropped pro- body can get a vote on issues that passage of the massive appropriations bill, to vision. I happened to think he did the which the amendment is attached, and the ought to be voted upon. Compromises right thing then because I supported that were worked out in 2006 ought to House’s agreement to go along with the pro- his efforts. The Democratic whip noted vision. be maintained and backed up, as they But the support that the amendment re- his victory by saying, quoting from the overwhelmingly passed at that par- ceived today, even among senators from New York Times article of September ticular time. many tobacco-growing states, is likely to 11, 1997: I yield the floor. force the issue in the House, Senator Durbin Don’t try this type of backroom deal and The PRESIDING OFFICER (Mr. said. deception in the future. It is really an exam- MENENDEZ). The Senator from Lou- Representative Nita M. Lowey, Democrat ple of the old school of politics, the old style isiana. of Westchester, has offered a companion bill of politics. in the House. ‘‘We’re going to make sure we Mr. VITTER. Mr. President, I rise prevail in one form or another form,’’ she That is a quote from the very same today to talk about the FAA reauthor- said. person who is involved in this effort we ization bill and a crucial issue that af- Today’s vote is also a sign of the esca- are speaking about now and that we fects not only the entire airline indus- lating frustration and impatience with the will be voting on this afternoon. try—and is, therefore, at the center of tobacco industry’s tactics at a time when The distrust of the public for the old this effort—but also it dramatically af- the industry is working to rehabilitate its school of politics, the old style of poli- fects every Louisiana family, every image, lawmakers said today. The provision tics, is something the junior Senator— American family struggling to pay its was inserted in the tax bill at the last not the senior Senator but the junior minute, members said, to stave off discus- bills; that is, sky-high energy prices, sion and debate. Senator from Illinois has eloquently including dramatically increasing The three Senators who voted against the raised on the Presidential campaign prices at the pump. amendment were Mitch McConnell of Ken- trail. I was very much looking forward to tucky and Lauch Faircloth and Jesse Helms To be bipartisan, I might say, the bringing up this issue with others and of North Carolina, all Republicans. Both senior Senator from Arizona, also a bringing up Vitter amendment No. 4648 Kentucky and North Carolina are large to- candidate for the Presidency, has also to the FAA reauthorization bill to try bacco-producing states. touched a nerve about the old school of No one has yet stepped forward to claim to move forward in solving this issue. authorship of the tax provision that was re- politics and the old style of politics as It is really a shame, in my opinion— pealed today. well. and I think I am joined by many others Senator Durbin, who characterized the tax The Democratic whip was right 12 in that conclusion—that the majority provision as an ‘‘orphan,’’ added that ‘‘people years ago. I agreed with him 12 years leader has filled up the amendment said it appeared mysteriously.’’ and was still ago. I voted with him 12 years ago. Un- tree and shut down all amendments to expressing astonishment over how it mate- fortunately, with respect to this air- this important bill. rialized at the last minute. drop pension provision, the old school The Senate majority leader, Trent Lott of This is an important matter: FAA re- Mississippi; Speaker Newt Gingrich of Geor- of politics, the old style of politics was authorization, the health of the airline gia; the White House chief of staff, Erskine applied. industry and aviation. This is an im- B. Bowles, and the chief White House lob- Now, what do I mean? In this case, portant issue: sky-high energy prices. byist, John Hilley, all approved its insertion old school, old style power politics was Of course it affects the aviation indus- in the tax cut bill. They were the last ones at play. A powerful member of the try, but it affects all of Americans’ at the table in the final negotiations over Democratic leadership, a key member pocketbooks as well. the balanced budget and tax-cutting agree- of the Appropriations Committee, did In that context, I think it is particu- ment. an end run around the Finance Com- Today, Senator Lott voted to repeal the larly a shame the majority leader credit. mittee and also the Health, Education, would shut down all amendments and Mr. Lott’s press secretary, Susan Irby, said Labor, and Pensions Committee. shut down this important and healthy there was never a secret conspiracy to keep Forget about the nearly yearlong debate. But even though my amend- the $50 billion credit under wraps, noting conference negotiations that went on ment, and so many others germane to that it was present in the tax cut bill the to get a pension bill passed in 2006 as this topic, will not be able to be heard weekend before it was voted on. ‘‘This gar- well. It was bipartisan and involved the and voted upon, I did want to take the bage about something being slipped in and it work of two committees, which I have floor to outline those amendment ideas being a one-sided agreement is poppycock,’’ Ms. Irby said. spoken to—that it is often difficult to and to try to further the important dis- For the tobacco industry, today’s vote was get one committee together without cussion and debate. one of several recent setbacks. Last week the getting two committees going in the When we think about energy prices, Senate reversed an earlier decision and same direction. Forget about the near- how to stabilize them, how to lower

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3767 them, I start with economics 101. I of solving our energy challenge, I ergy problem worse. It does nothing to start with the very first rule of eco- would look at it very seriously. The increase supply. It almost certainly nomics I ever learned, the very basic fundamental problem I have with it is does something to decrease supply by rule that all of us think of in econom- that it does not solve anything and, in making it less productive, less profit- ics; that is, the law of supply and de- fact, it almost certainly makes the able for energy companies to go after mand. So as with the price of any other problem worse. more supply. commodity, if you are talking about There are two versions of this same There are other problems as well. energy, a good way to try to stabilize political push to just attack the easiest The first problem is the misnomer, prices and bring them down over time and the biggest political target in windfall profits tax. The reported prof- is to work on two things: decreasing sight. First of all, there is a proposal its of the major oil companies are enor- demand and increasing supply. that we have actually voted on several mous for a very simple and basic rea- Again, economics 101 would tell you times, and we have blocked several son: the size of the companies and the if you can do that—if you can shift times, that would do away with certain size of their activity is enormous. But, both of those curves, shifting the de- incentives for oil companies to go into of course, as any economist would tell mand curve by decreasing demand, deep water, explore, and produce more you, if you want to analyze a level of shifting the supply curve in the oppo- energy. It would also do away with cer- profit, you need to define it as a per- site direction by increasing supply— tain royalty relief designed to do the centage of sales, as a percentage of as- you not only stabilize but you bring same thing. sets—some percentage number like down prices. Now, make no mistake about it, that—not a gross number which, of It seems to me we should all be com- these tax incentives are in place to course, is going to be very large if you ing together in a bipartisan spirit to do push companies—small, medium, and are dealing with an entity or a set of both. I am eager to do both. I support large—to go into deeper water, more activities that is very large. proposals to do both. difficult terrain, and extract more en- The fact is, when you look at that There are at least three fundamental ergy from the ocean bed to supply us issue, when you look at oil and gas ways to help decrease demand on oil with more energy. It seems beyond de- companies’ profits as a percentage, it is and gas specifically; that is, to con- bate, in my opinion, that doing away very much in line with American busi- serve, to increase efficiency, and to with those incentives and that royalty ness. The last figures we have are for move toward alternative fuels. Our en- relief will heighten the bar, will make the full calendar year 2007. In that cal- ergy picture is so dire, so challenging, it more difficult for any company— endar year 2007, oil and gas companies’ we cannot pick one of the three. We small, medium, or large—to do just profits were 8.3 percent. need to do all three aggressively, just that. So as we are trying to increase Now, how does that compare? Well, as we also need to work aggressively on supply, this would do just the opposite for all of the U.S. manufacturing sec- the supply side. and decrease supply. tor—a sector we always decry as in de- So I support and will continue to ag- Maybe it makes some people feel cline and being outsourced and in de- gressively support measures that make good because we are whipping up on cline historically—that profit was 7.3 sense in terms of conservation, in some oil companies. Maybe it earns percent for 2007. If you take out U.S. terms of increasing efficiency, and in votes and earns favor with voters, par- auto companies—which are hurting, terms of promoting, moving toward al- ticularly in an important primary elec- which have a much lower figure—then ternative fuels. Those all lessen the de- tion season. But I think around here we U.S. manufacturing was 8.9 percent. mand on oil and gas. But too often we get in this stale de- should perhaps ask the question: Does So, in fact, oil and gas companies are bate in the Congress, this stale dead- it do anything to solve our energy pic- almost exactly in between all U.S. lock, where one side of the political ture? And the answer is no. The answer manufacturing, and all U.S. manufac- fence only wants to attack one side of is also no because there is nothing to turing except auto. It is reasonable to the problem, and the other side of the prevent companies from passing on take out auto because they are in such political fence only wants to attack that tax increase to consumers. So just dire circumstances. So they are not the other side of the problem, when our while we are trying to give consumers windfall profits at all. energy picture is so dire we clearly some relief at the pump, we would al- Another important question to ask need to do both. So as we attack that most certainly be passing a tax in- is, where these profits—whether they demand side, let’s not ignore the sup- crease that would be passed on to them are normal or anything else—go be- ply side either. As we move to a new al- in part or in whole and up the prices at cause if we are going to stick a big tax ternative energy future, let’s not ig- the pump. on them, perhaps we should ask whom nore the fact that we will be dealing Now, the other popular version of we are really taxing. with oil and gas and depending on it this same political attack is a very old There is some notion out there, significantly for many years to come. idea, dusted off, and apparently given fueled by these political attacks and So let’s turn to the supply side too, to new life this election season; that is, this pandering in an election year, increase our supply as we try to de- the windfall profits tax. Oil companies that, well, of course, the only folks we crease demand to stabilize and bring make way too much money. They have are affecting are the executives at the down prices. exorbitant, outrageous profits, so the big oil companies. But, of course, the My amendment, Vitter amendment argument goes, so we are going to at- facts are fundamentally different. No. 4648, would do just that. I will out- tack, we are going to tax that windfall As this chart shows, profits of energy line that in a minute. profits. companies, oil and gas, go to a wide Before I do, though, let me express Just as an example, the leading array of Americans, which today, regret that so many of the suggestions, Democratic candidate for President, thanks to the growth and vibrancy of so much of the push, at least rhetori- our colleague, Senator BARACK OBAMA, our stock market and our investment cally in political debate and cam- has such a proposal to tax the profits opportunities, affects almost every sin- paigning on the Democratic side, seems made based on a price of oil over $80 a gle American. Yes, of course, corporate to ignore all these lessons, seems to barrel. So we figure what that is on the management owns some of their com- not think or care about demand, not part of any oil producer. That affects a panies—about 2 percent. Most of the think or care about supply, not think lot of companies, not just big oil but rest is owned by a wide array of Ameri- or care about the issue and doing some- medium and smaller producers, and for cans through IRAs, through other in- thing about it. It just seems to be de- any profit associated with the price of stitutional investors, through mutual signed to go after the easiest and big- oil over $80 a barrel, we are going to funds, and, perhaps most significantly, gest political target in sight, which is stick a big tax on that and bring that through pension funds—27 percent. the big oil companies, specifically by into the Federal Treasury. That means about 129 million pension proposing dramatic tax increases on Well, again, the fundamental prob- fund participants own these companies big oil. lem with that, in my mind, is it does and would be taxed and attacked by Now, if some dramatic tax increase nothing to solve our energy problem these proposals. Those accounts are on big oil would move us down the path and almost certainly makes that en- worth an average of $63,000. Twenty-

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3768 CONGRESSIONAL RECORD — SENATE May 6, 2008 eight million of those pension fund ac- fairness and equity and good Federal for 15 years. It is enough natural gas to counts are for public employees—that policy. We would expand upon the rev- heat 16 million households for almost includes teachers and police and fire enue-sharing precedent we set about a 20 years. Now, that would actually do personnel, soldiers, government work- year and a half ago when we opened something about our energy picture. ers—and each of those accounts rep- new waters in the eastern gulf. That That would actually expand supply and resents a public servant who owns part was a very important precedent, a very therefore help stabilize and bring down of that energy industry. A good exam- good energy policy, in my opinion, price. ple is the New York State Teachers’ upon which we should build and ex- Is it the only thing we need to do? Retirement System. They report that pand. Absolutely not. As I said at the very 6.6 percent of their domestic equity So under this Vitter amendment, if beginning, our energy challenge is so holdings were in energy companies in the trigger is pulled, if States say, yes, great that we need to break out of this 2004, the last year for which we could we want to allow this oil and gas activ- stale debate where one side of the po- get figures. That includes $1.5 billion in ity, we would allow that to happen. But litical fence wants to do one set of Exxon and $500 million in Chevron. the host State would recoup a very sig- things only—basically, to decrease de- That is in large part 27 percent who nificant percentage of the revenue to mand—and the other side of the polit- own these big, bad companies that stay in that State’s coffers; specifi- ical fence wants to focus on one set of some would attack and try to tax into cally, 37.5 percent. That is precisely policies only—to increase supply. The oblivion—average Americans all across the figure we passed into law for new simple fact is we need to do all of the America through pension funds, areas of the gulf that are being devel- above. We need to start immediately. through mutual funds, through IRAs, oped now because of the action we took We need to do it aggressively because through other institutionalized invest- about a year and a half ago. it is only doing all of these things at ment. In addition to that 37.5 percent, we once that will adequately address our Now, again, let me return to the would also have revenue sharing for energy challenges, that has a chance to basic point. If we want to try to really the Federal fund for conservation—12.5 stabilize and bring down prices, includ- solve our energy picture, stabilize and percent. That is an important part of ing the prices that rocked the airline bring down the price, including the the revenue-sharing precedent we set a industry and are a huge factor in avia- price at the pump, maybe we should year and a half ago as well. tion—we are talking about the FAA focus on that economics 101 lesson. Finally, the Vitter amendment would bill here on the floor now—and, of Maybe we should decrease demand with allow host States to distinguish, if course, including the prices all a more sensible policy to conserve, to they would like, between exploration Louisianans and all Americans pay at increase efficiency, to move to alter- production activity for natural gas and the pump. native fuels, and at the same time exploration production activity for oil. For once, let’s come together as a maybe we should increase supply. That Some States, particularly on the east- Senate and do all of those things. Let’s is what my amendment, the Vitter ern seaboard, would probably act im- really think about what can actually amendment No. 4648, is all about—to mediately to allow that activity for have an impact on price. Let’s move attack that very important supply natural gas. But there is still concern beyond the politics of the moment, side. We need to do both. We need to do about environmental issues with re- which is always to beat up on an easy all of these things at the same time, gard to oil. While I might disagree with and big political target such as the oil but we cannot exclude one side of the them, while I might disagree with companies, and let’s ask the question: equation or the other. those concerns because I believe we Does that have any impact for the con- The Vitter amendment to this FAA have the technology in place to do all sumer? Does that have any impact in bill would pose a very simple solution of that in a very careful, sensitive, and terms of our energy future? Let’s do to attack the supply side and increase responsible way, we should leave that the sorts of things, such as the Vitter supply domestically in a far more ag- up to the States so those host States amendment, that can actually help the gressive fashion. The amendment can, in fact, make the choice and they consumer and increase our energy inde- would establish a trigger in the law can choose natural gas or they can pendence. pegged at a certain level of the price of choose oil or they can choose both Again, it is with great regret that I oil per barrel. That level would rep- under the Vitter amendment. realize I am not able to actually call up resent a 190-percent increase in the Now, unlike these other proposals— this amendment to the FAA reauthor- price per barrel since 2006. That comes mostly tax proposals that have nothing ization bill right now. This is a vitally out to just short of $126 per barrel. but political motivation behind them important topic. Whatever you think Now, unfortunately, of course, the and that do nothing at all to change about it, whatever proposal you put price has been rising dramatically for the supply picture for the better, to out, certainly we can all agree that en- many months, and we are not too shy change the demand picture, and to ac- ergy prices are enormously important of that right now. We are roughly at tually stabilize and bring down energy for all Americans, for the country, and $120 per barrel. But at this trigger, prices—this proposal would do some- certainly we can all agree that it is an under the Vitter amendment, if we thing to improve that situation. enormously important issue that goes reach and pass the trigger—about Resource estimates in those areas of to aviation as well as other sectors of $126—then certain aspects of our Fed- the Outer Continental Shelf that are our economy. eral law would change. now off limits, that the Vitter amend- In that light, I think it is particu- Specifically, we would allow explo- ment could open up if the host State larly regrettable that Senator REID, ration and production in Federal wa- wants that activity to happen, those the majority leader, has filled the ters, the Outer Continental Shelf off resource estimates are staggering: the amendment tree and therefore shut any State that wants to get into that Atlantic OCS, 3.82 billion barrels of oil down the entire amendment process be- activity. I want to emphasize that last and 36.99 trillion cubic feet of natural fore it even began on a major bill on phrase because it is very important. We gas; the central and eastern Gulf of the Senate floor. The Senate floor is would allow that activity in the Outer Mexico which is now off limits, 3.65 bil- supposed to be renowned for an open Continental Shelf but only if the host lion barrels of oil and 21.46 trillion amendment process. Yet we have State—the State off whose shores the cubic feet of natural gas. That is not amendments about the key issue facing activity would happen—wants that accounting what we have recently put on Americans today—energy prices—and tivity to happen. Then and only then, the table. The Pacific Outer Conti- we can’t offer a single one. There is if the Governor, with the concurrence nental Shelf, 10.37 billion barrels of oil something wrong here. There is some- of the State legislature, says, yes, we and 18.02 trillion cubic feet of natural thing out of kilter. That is not the want to allow this activity, we would gas. That is enormous total resources Senate I was told about with an open allow energy production in those wa- of almost 18 billion barrels of oil and amendment process, open debate, with ters. 76.5 trillion cubic feet of natural gas. great, virtually unlimited opportunity. We would also demand something That is enough oil to power 40 million That is not what the American people else that is very important in terms of cars and to heat 2 million households expect of Congress—to actually debate

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3769 and act on real issues that they care what is at stake when we are fighting they are healthy so they have financial about, and certainly that includes en- for broader access to health care. We protection when they are sick. It is ergy prices. So it is regrettable that we are fighting to promote and enable meant to cover the costs of unantici- don’t have a fair opportunity on the early detection of childhood cancers, pated health care needs. FAA bill to do just that. I hope we will such as Hodgkin’s Disease, leukemia, Whether a coverage exclusion such as have those opportunities very soon. and bone cancer, and to ensure that this one, which denies payment for un- I understand there may be an energy every woman can receive mammo- anticipated health care needs, is writ- bill that is moved to the floor soon on grams and pap tests. ten into an insurance contract, it is the Senate side, perhaps as early as We are fighting to diagnose cancers still a scam. next week. I hope that will yield an as soon as possible, which is the key to Unfortunately, Sheryl and Craig are open, fair opportunity for the sort of saving lives. We recognize everyone not alone. This is happening across open debate and open amendment proc- should be able to get these preventive Ohio. It is happening in the Presiding ess that is supposed to be the hallmark measures, regardless of where they live Officer’s State of New Jersey, and it is of the Senate. If we are given that or how much they earn. happening in all 50 States. Some 20 per- open, fair opportunity then, as it is We recognize a woman with breast cent of cancer patients who attempt to being denied now, I will certainly bring cancer without insurance is 40 percent enroll in a clinical trial face the same this proposal forward again because, more likely to die than a woman with problem with their insurance compa- unlike a lot of the rhetoric flying breast cancer with insurance. nies. around, unlike the tax increase pro- We need a health care system that is It is because of stories such as these posals which I believe will increase the affordable and inclusive, where insur- I am introducing the Access to Cancer price at the pump and decrease supply, ance companies follow through on pro- Clinical Trials Act this week. Similar I believe these proposals I have pre- viding coverage to those who need it. legislation is on its way to getting sented could do just the opposite. They No American should be driven into passed in the Ohio State Legislature. could be an important step forward in bankruptcy by a catastrophic illness The Governor plans to sign that bill addressing our energy future and the such as cancer. And no one should be immediately. more immediate need to stabilize and denied access to clinical trials because My bill and Congresswoman PRYCE’S bring down energy prices for all Ameri- insurance companies all too often try bill in the House ensures this protec- cans. to drop them from coverage. tion nationally. The bill simply obli- With that, Mr. President, I yield the Last year, Sheryl Freeman, a retired gates health plans to pay for routine floor, and I note the absence of a schoolteacher, and her husband Craig care costs when a cancer patient en- quorum. from Dayton visited my office in Wash- rolls in a clinical trial, something, The PRESIDING OFFICER. The ington. Sheryl had multiple myeloma. frankly, we should not have to tell the clerk will call the roll. Sheryl and Craig brought to my atten- insurance companies to do. But when The assistant legislative clerk pro- tion the problems they were having they drop coverage for people who ceeded to call the roll. with their insurance company. signed up for a clinical trial, it is what Mr. BROWN. Mr. President, I ask Sheryl was a retired schoolteacher we have to do. unanimous consent that the order for and was covered under Craig’s insur- These are costs, as I said, that would the quorum call be rescinded. ance plan. Craig has been a Federal em- normally be covered if a cancer patient The PRESIDING OFFICER. Without ployee for 20 years. When Sheryl en- were not participating in a clinical objection, it is so ordered. rolled in a clinical trial to save her trial. Mr. BROWN. Mr. President, I ask life, her insurance company would not The legislation is specific in its defi- unanimous consent to speak for up to cover the routine costs of her care. If nition of routine care costs and follows 10 minutes as in morning business. she had not enrolled in the clinical the Medicare definition. The PRESIDING OFFICER. Without trial, they would have covered the The bill will ensure that cancer pa- objection, it is so ordered. costs of her care. tients and their caregivers can use ELIMINATING BARRIERS TO CANCER RESEARCH She enrolled in the clinical trial. The their valuable time together to fight Mr. BROWN. Mr. President, yester- insurance company, for all intents and the disease instead of the redtape of in- day, at the James Cancer Hospital at purposes, dropped her from providing surance companies. Ohio State University in Columbus, routine care for her. In order to fight cancer and make OH, our State capital, I announced leg- In addition to her clinical trial in Co- progress, we need to further scientific islation to eliminate needless barriers lumbus, Sheryl needed to visit her advancement, not create barriers for to cancer research. oncologist in Dayton, about 1 hour 45 patients who want to participate in I was joined by Dr. William Carson, minutes away, at least once a week for lifesaving research. by Dr. James Thomas, by patients, and standard cancer monitoring, which in- I am grateful to Merle Farnsworth by nurses, who do the research and the cluded blood tests and scans. But her for yesterday so courageously and pas- clinical care for patients during these insurance company would not cover sionately sharing his story with us and clinical trials. Many have worked on these services if she enrolled in a clin- the public. I am grateful to the nurses this issue with Congresswoman DEBO- ical trial. who do their clinical care and practice RAH PRYCE, a Congressional Repub- Sheryl wanted to take part in a clin- their research for these patients in lican. ical trial because she hoped it would these clinical trials. I am grateful to Merle Farnsworth, a lymphoma pa- help her, that it might save her life, Sheryl and Craig for their courage in tient from Beverly, OH, shared an emo- give her more time, and further cancer sharing their story. Their two children tional story about cancer clinical trials research. But rather than devoting her joined us yesterday in bringing this meaning hope—and possibly a life- energy toward combating cancer and issue to my attention. saving cure—for him and millions of participating in a clinical trial, Sheryl Sheryl was already very sick when patients like him. spent the last months of her life hag- she visited Washington, DC, and I The goal of both the House and Sen- gling with her insurance company. The imagine it was not easy for her to be ate versions of this legislation is sim- delays and the denials from her insur- traveling, but she did. She saw how imple: to finally identify cures for this ance company probably affected her portant this issue was. I will keep the merciless killer. treatment and her survival. Sheryl Freemans in mind as I advocate to get So many of us have been touched by died on December 9, 2007. this bill passed. I will work hard on cancer. We all know—all of us, I guess, The story could have ended dif- this legislation so no one has to go in this room right now—someone with ferently. Sheryl and Craig should not through the kind of experience the cancer and have lost someone to cancer have had to sacrifice their precious Freemans had and the kind of experi- or we know someone living with can- time together trying to get the care ence Mr. Farnsworth had. cer. she deserved, the care she paid for Instead of fighting their cancer, too Focusing on cancer yesterday at when she signed up for health insur- many Americans are forced to fight James Cancer Hospital reminded me of ance. People invest in insurance when their insurance company in the late

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The and if a markup does occur, it remains order to keep the money flowing—all clerk will call the roll. uncertain whether the committee’s because congressional leaders spent The bill clerk proceeded to call the work product will be considered by the these last several weeks devising artful roll. full Senate. parliamentary schemes rather than Mr. COCHRAN. Mr. President, I ask In the House, it appears the com- simply advancing the bill through the unanimous consent that the order for mittee will be bypassed altogether. Yet committees, onto the House floor, onto the quorum call be rescinded. even with that step being skipped, the Senate floor, and into conference. The PRESIDING OFFICER. Without there is still no definite schedule for The April 28 edition of Roll Call in- objection, it is so ordered. House floor action. There apparently cluded an article by Don Wolfensberger SUPPLEMENTAL FUNDING have been discussions by House and titled ‘‘Have House-Senate Conferences Mr. COCHRAN. Mr. President, 2 Senate staff in an effort to sort of Gone the Way of the Dodo?’’ I com- weeks ago, I came to the Senate floor ‘‘precook’’ agreements on the various mend that article to my colleagues and to express my concern that Congress chapters of the bill, but there has been ask unanimous consent to have a copy had yet to act on the President’s fiscal little substantive involvement by the printed in the RECORD at the conclu- year 2008 request for supplemental minority in those discussions. Very few sion of my remarks. funding to support our troops and our Members have been involved at all, to The PRESIDING OFFICER. Without efforts in Iraq and Afghanistan. At that my knowledge. objection, it is so ordered. time, I also expressed my displeasure The fact is the Appropriations Com- (See exhibit 1.) with the majority’s intention to bypass mittee could have marked up the sup- Mr. COCHRAN. Mr. Wolfensberger re- the Appropriations Committee in writ- plemental several weeks ago, and the minds us of the promises made by the ing the supplemental appropriations Senate likely could have passed the Senate leadership in 2006 as part of bill. bill by now. We should be in conference their ‘‘honest leadership and open Gov- Two weeks later, little appears to with the House already and be well on ernment’’ reform plank. Conference have changed. Little has changed, ex- our way to negotiating a conference re- meetings were to be open to the public, cept that we are 2 weeks deeper into port to be sent to the President. But and members of the conference com- the fiscal year, and we are 2 weeks instead, we wait. We wait for more mittee were to have a public oppor- closer to the date when accounts that closed-door meetings between and tunity to vote on all amendments. Cop- support our Armed Forces and our dip- among the Democratic leaders. We ies of conference reports were to be lomatic corps begin to run dry. wait for more rumors about what ex- available to Members and posted pub- The majority leader is apparently traneous legislative matter is or is not licly on the Internet 24 hours before sanguine about the status of the sup- part of the draft being compiled by the consideration. Bills were to be devel- plemental because last Thursday, he majority. And all but a handful of oped following full hearings and open said: Members wait for an opportunity to subcommittee and committee markups I think we’ll do our best to finish this be- shape the bill. and were to come to the floor under fore the Memorial Day break, but if we I am a member of the Committee on procedures that allow open, full, and don’t, it’s no big deal. There’s money there. Agriculture and was appointed as a fair debate. The leader then went on to say: conferee on the farm bill. That con- These practices have been followed in I don’t know why there is a rush to judg- ference has met at least seven times in some cases. I mentioned the farm bill ment. This is moving along quite rapidly. recent weeks. There have been count- already as an example of a conference We’re not behind schedule. Everything’s fine. less additional meetings among com- committee in action. But procedures Exactly what is ‘‘moving along quite mittee principals. It has been a gruel- governing the conference process and rapidly’’? No markup of the supple- ing effort, it has been messy, and it re- the markup process are only relevant if mental has been officially scheduled in mains uncertain whether the President there actually is a conference com- either the House or the Senate. There will ultimately sign the conference re- mittee or there actually is a com- are continued reports of imminent ac- port once it is presented to him. But mittee markup. tion in the other body, but no bill has we can be fairly confident that the con- As noted in Mr. Wolfensberger’s arti- been introduced. No bill or report has ference report will at least reflect the cle, the number of instances in which been circulated to Senate committee collective will of Congress and it will major legislation has been dealt with members in anticipation of a markup. be the process of a reasonably trans- outside the conference process has in- There is nothing for Members to look parent process. creased markedly in this Congress. The at, nothing for Members to consider or At this point, I cannot say that about supplemental appears destined to be- to draft amendments to. the supplemental. Eventually, we will come another example. I gather that A week ago, Republican members of approve and the President will sign a we are to receive the bill from the the Appropriations Committee in the supplemental bill. I am confident that House in the form of three amendments Senate wrote to Chairman BYRD to ex- ultimately we will not allow our to a dormant version of the fiscal year press our concern about the committee Armed Forces and our diplomatic corps 2008 Military Construction appropria- being bypassed entirely. I am pleased to go wanting for resources. My con- tions bill. As I have already noted, it is that the chairman concurred in the cern is that the majority’s approach to not certain whether the Senate Appro- sentiments expressed in that letter and the supplemental places political tac- priations Committee will act on some, has stated his intention to hold a com- tics and strategy ahead of the need for all, or none of these amendments or mittee markup this week. I am certain inclusive, timely, and transparent ac- whether the leader intends for there to that has been his preference all along. tion. be an opportunity for Senators to offer In my memory, I cannot think of any Contrary to the majority leader’s as- amendments on the floor. A conference instance where the committee did not sertion, it is a big deal if we do not get committee appears out of the question. mark up a supplemental such as this. I this bill done by Memorial Day. It is a It is not easy to be the Speaker of think the chairman has been fighting big deal, not because the U.S. Army the House or the majority leader of the valiantly to maintain some semblance will run out of ammunition on June 1 Senate. Individuals elected to those po- of regular order, but it is apparent he but because our inaction will represent sitions are subjected to enormous pres- is meeting resistance from the joint an unnecessary and completely avoid- sures. They are besieged constantly by leadership. able process failure on the part of the colleagues, constituents, and outside That is a shame. We should take ad- Congress. It will say to our Armed interests with an array of often con- vantage of the collective expertise and Forces that we are willing to draw out flicting demands. In an effort to re- experience of the members of the Ap- this process as long as possible, even solve those competing demands, it is

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3771 tempting to centralize decisionmaking, affixing their signatures; and (d) that no sub- decisions. Party governance must be better construct processes that minimize un- stantive change in the agreement be made balanced against participatory lawmaking. certainty, and generally try to elimi- after conferees have signed it. Both parties need to recognize this. The Parliamentarian’s footnotes to the nate the untidiness of the legislative The PRESIDING OFFICER. The Sen- rules for conference reports indicate that the ator from Texas is recognized. process. rules are not enforceable if all points of A handful of Members and staff are order are waived against the reports, as is Mrs. HUTCHISON. Mr. President, I empowered at the expense of the rank routinely done by a special rule from the come to the floor today in my capacity and file in both bodies and, by exten- Rules Committee. Nevertheless, conference as the ranking member of the Senate sion, the people whom the rank and file committee chairmen (or vice chairmen) aviation subcommittee. I would like to represent. On occasion, such tactics are could still be punished by the House adopt- take a few minutes to discuss the Sen- successful. But over time, these prac- ing a question of privilege resolution for ate FAA reauthorization bill and the tices tend to become abusive and often willful disregard of these modest require- substitute on which we will be voting ments. This is because a blanket waiver of later this afternoon and respond to result in a messier, more protracted the rules only protects the conference re- process than would have been the case port. It is not a retroactive pardon for mal- some of the recent remarks that have if more traditional procedures had been feasance in the management of the con- been made on this process. followed. ference. The lack of progress last week and For the sake of our men and women Unfortunately, these well-intentioned new the parliamentary action of filling the in Iraq and Afghanistan, I hope the rules have no relevance when the bicameral amendment tree are very disappointing process the majority has chosen for the majority leadership decides to bypass going to me. Today, for the 19th time this to conference altogether, and instead nego- supplemental does not put us any fur- session, we will be asked to vote on clo- tiates final agreements behind closed doors. ture on a bill we have not even had ther behind than we already are. But in And this is happening with increasing fre- the 2 weeks since I last came to the quency, sometimes even over the public pro- open to amendment. In the present sit- floor to speak about the supplemental, tests of committee chairmen who have been uation, we are being asked to vote on little has occurred to inspire such excluded from leadership negotiations. cloture before we have cast a single hope. To determine just how serious the practice vote on an amendment. What the lead- Our men and women in the field are of bypassing conferences has become, I com- er is doing is blocking amendments, waiting. We do need to finish this bill pared action on major bills through March of preventing debate, forcing a cloture the second session in both this Democratic vote, and hoping the Republicans vote by the Memorial Day recess. It is a big 110th Congress and the preceding Repub- deal. lican-controlled 109th. (A major bill is de- against it. Then press releases will be EXHIBIT 1 fined here as one originally considered under sent out blaming Republicans for ob- [From Roll Call, Apr. 28, 2008] a special rule in the House.) structionism. But I have to say, what HAVE HOUSE-SENATE CONFERENCES GONE THE Of major bills approved by the House and is obstruction? I don’t think most WAY OF THE DODO? Senate that required some action to resolve Americans would define obstruction as differences between the two versions, 11 out (By Don Wolfensberger) insisting that an FAA bill; that is, the of 19 (58 percent) were settled by conferences Federal Aviation Administration, not In June 2006, House and Senate Democratic in the current Congress compared with 18 leaders rolled out their ‘‘New Direction for out of 19 (95 percent) in the previous Con- include unnecessary and imprudent tax America,’’ a campaign platform to take back gress. increases, even worse retroactive tax control of Congress. The ‘‘Honest Leadership Put another way, the current 110th Con- increases, unrelated to aviation. and Open Government’’ reform plank, at gress has been negotiating eight times as I have suggested several options in Page 22, included the promise to require that many bills as the 109th Congress outside the an attempt to produce an FAA reau- ‘‘all [House-Senate] conference committee conference process. This is done by using the thorization package upon which most meetings be open to the public and that ‘‘pingpong’’ approach of bouncing amend- Members could agree. But those sug- members of the conference committee have a ments between the houses until a final gestions have been turned down by the public opportunity to vote on all amend- agreement is achieved. ments [in disagreement between the two Among the major bills in this Congress other side. Unfortunately, this bill is houses].’’ Moreover, copies of conference re- that have bypassed conference consideration being bogged down by trying to make ports would be posted ‘‘on the Internet 24 are the energy independence bill, State Chil- it an omnibus tax and special projects hours before consideration (unless waived by dren’s Health Insurance Program, Iraq- package. a supermajority vote).’’ Katrina supplemental appropriations, ter- It is so important that we pass an The minority Democrats’ justifiable com- rorism insurance, the consolidated appro- aviation bill. That is why I have intro- plaint was that majority Republicans often priations act and the tax rebate/stimulus duced S. 2972, which is currently at the shut them out of conference committee de- legislation. liberations after a single, perfunctory public While the conference bypass approach is desk. meeting was held to minimally satisfy House just as legitimate under the rules as going to I ask unanimous consent that Sen- rules (aka ‘‘the photo op’’). After that meet- conference (and sometimes advisable when ator TED STEVENS be added as a co- ing, all that is necessary to file a conference there are only minor differences to iron out), sponsor of S. 2972. report is the signatures of a majority of con- the procedure is more suspect when used on The PRESIDING OFFICER. Without ferees from each house. No formal meeting major bills on which numerous substantive objection, it is so ordered. or votes on final approval are required; nor disagreements exist between the houses. Mrs. HUTCHISON. Mr. President, the does the majority even need to consult the That is when House and Senate leaders are text of S. 2972 is identical to the sub- minority before finalizing an agreement. more likely to directly intervene, rendering stitute we worked on last week. It is Once they took over Congress in January committee chairmen less relevant to the 2007, House Democrats abandoned their process. the bill that came out of the Commerce promises of public votes in conference meet- Senate minority Republicans are not en- Committee with complete bipartisan- ings on amendments in disagreement and of tirely blameless in this development. At ship, but it does not include the unre- 24-hour advance Internet availability of con- times they have brought pressures to avoid lated and extraneous tax provisions. It ference reports. Nevertheless, they did adopt conferences, under threat of filibuster, in does have aviation taxes that came out some palliative House rules changes on the order to better ensure the retention of provi- of the Finance Committee to which all opening day of the 110th Congress that at sions in which they have a vested interest. of us agreed. It does not have all of the least appear to move conference committees However, House and Senate Democratic lead- in the direction of a more deliberative and ers have been just as culpable in wanting to other tax provisions that have nothing participatory public process. skip conferences to produce outcomes most to do with aviation—some of which are The new rules require: (a) that all con- beneficial to their party. retroactive—and have nothing to do ferees be given notice of any conference While it is too early to declare House-Sen- with FAA. meeting for the resolution of differences be- ate conferences as extinct as the dodo, it is I have also conveyed to my friends tween the houses ‘‘and a reasonable oppor- not too early to move them onto the par- and colleagues on the Finance Com- tunity to attend’’; (b) that all provisions in liamentary endangered-species list. It is one mittee that I am supportive of moving disagreement be ‘‘considered as open to dis- more sign of the decline of the committee forward on a bill that would replenish cussion at any meeting’’; (c) that all con- system and its attributes of deliberation and ferees be provided ‘‘a unitary time and place expertise. It is especially troubling because the highway trust fund. I think we with access to at least one complete copy of the lack of conference deliberations shuts could all agree on that. But this is a the final conference agreement for the pur- out majority and minority Members alike workable FAA reauthorization bill, and pose of recording their approval (or not)’’ by from having a final say on important policy it is very important to me because of

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3772 CONGRESSIONAL RECORD — SENATE May 6, 2008 the important role of aviation in our years before an FAA inspector is hired able for passengers. That is why we in- country and in my home State. at an air carrier he or she previously cluded in this bill requirements that In Texas alone, aviation accounts for inspected. I personally would like to airlines either have a plan that is ap- nearly 60,000 jobs and over $8 billion in see that extended beyond 2 years to 3 proved by the Department of Transpor- total economic output. In addition, we or 4 years. If we had an amendment tation or there would be a 3-hour max- are also home to 2 of the top 10 busiest process, that would have been one of imum or the passengers could get off; airports in the Nation. We have 23 com- my amendments. the establishment of an Advisory Com- mercial service airports and over 300 The bill implements a process to mittee for Aviation Consumer Protec- general aviation airports. Beyond in- track field office inspectors and alert tion would also be put in this bill. frastructure, we are also the proud the local, regional, and headquarters It would advise the Department of home of two legacy airlines, American offices to overdue inspections. Transportation on carrying out air and Continental, and the home State of It establishes an independent review service improvements and what would the predominant low-cost carrier through the Government Account- be necessary to make them better. The Southwest. My State has a dynamic ability Office, the GAO, to review and committee would be comprised of four aviation footprint and a substantial in- investigate air safety issues identified members to be appointed by the Sec- terest in the future of this challenged by its employees. retary with a requirement to report to industry. It develops a national review team Congress annually over a 2-year period Since the year 2000, the U.S. airline under the supervision of the Depart- on its recommendations to the Depart- industry has gone through its most ment of Transportation inspector gen- ment of Transportation to improve this fundamental restructuring since Con- eral to conduct periodic reviews of service and an explanation of the De- gress deregulated the industry in the FAA’s oversight of air carriers. partment’s action on each of the rec- late 1970s. We all know so well the hor- It develops a plan for the reduction of ommendations. rific impact of 9/11 and what happened runway incursions through a review of So these are some of the important to the industry after that, and that is all commercial airports and establishes provisions in the Commerce Committee still affecting it today. Put on top of a process for tracking and inves- bill. They are in the bill that would be that the high fuel prices which are af- tigating both runway incursions and before us, and they would be in the bill fecting aviation even more than reg- operational errors that includes ran- I would like to see us pass that I have ular gasoline at the pump and you have dom auditing of the oversight process. introduced and is being held at the a situation in which we have an indus- I am a former Vice Chairman of the desk. try that is really teetering on the National Transportation Safety Board. The substitute also addresses rural brink of disaster. I understand the crucial mission of the air service funding challenges by in- Since taking over as leader of the FAA in overseeing the Nation’s airlines cluding additional funding for the Es- aviation subcommittee earlier this and aviation system. sential Air Service Program for our year, I have worked closely with my Aviation safety and the public trust smaller underserved communities at friend and colleague Senator JAY that goes along with it is the bedrock $175 million annually. These funds ROCKEFELLER. We have developed a bill of our national aviation policy. We would go a long way toward improving upon which all of us agreed, with the cannot allow the degradation of service access for our most rural communities, complete support of Senator INOUYE, to the flying public. communities that had air service, com- the chairman of the subcommittee, and I believe the bill we crafted in the mercial air service, in the past but lost Senator STEVENS, the vice chairman. Commerce Committee that is part of that after deregulation. We have worked hard to develop a the substitute that I would agree with As I stated last week, I hope my col- package that would foster air traffic today, and all that is in the bill I have leagues will appreciate the months of modernization, doing it without doing introduced but without the extraneous stalled negotiations that took place in damage to the commercial airline in- provisions that have nothing to do trying to move this legislation for- dustry and with the complete support with aviation. ward. There is a very good balance in of the general aviation community. We The other part of the bill that is in the Senate bill regarding FAA financ- produced a bill that was bipartisan what the Commerce Committee pro- ing and labor-related provisions. If the with the support of our committee. duced and is in my substitute as well is Here are some of the important pro- Senate wants a final bill, we need to the timely issue of consumer protec- visions in the bill we produced: preserve that balance without includ- It has important safety and pas- tions or a passenger bill of rights. The ing highly controversial unrelated pro- senger protections. The U.S. commer- substitute includes several crucial revisions that many people would agree cial aviation industry is experiencing forms directed at making the airlines do not belong in an FAA bill dealing the safest year in our history. How- more accountable and responsive to with aviation. ever, recent high-profile aviation safe- passengers. We have an opportunity to pass FAA ty incidents have given the public some The managers’ amendment would in- legislation this week. The bill I have concern. In response, the committee corporate several additional protec- introduced with Senator STEVENS has crafted several new safety initia- tions to strengthen airline service re- would be everything the Commerce tives in the substitute, based on the quirements. The DOT would review and Committee passed on a bipartisan basis recommendation of the Department of approve the contingency service plans and the provisions of the Finance Com- Transportation inspector general. of every air carrier. The Secretary mittee report on aviation taxes that The new package ensures the FAA’s could disapprove an airline’s plan and would go toward modernization. voluntary disclosure reporting process return it to the carrier with the option It does not include the controversial requires inspectors to verify that the for modification and resubmittal, and pension provision that changes the pre- airlines actually took the corrective the DOT then would be authorized to vious law this Congress has passed and actions they stated they would, evalu- establish minimum standards for such affects some of our airlines in a way ate if an air carrier has offered a com- contingency plans. It would require a that could be so destructive as to pos- prehensive solution before accepting mandate that such contingency plans sibly bring that air carrier down. It the disclosure, and confirm that the are to apply to aircraft that are de- does not include all the taxes that were corrective action is completed and ade- layed, whether on departure or arrival. put in, all the projects, all the ear- quately addresses the problem dis- Now, we have all heard stories about marks that have nothing to do with closed. people who have been stranded on air- aviation. The bill implements a process for planes for 5 hours without any food It is simply the Senate bipartisan bill second-level supervisory review of self- service, without the opportunity to use on aviation and the Finance Com- disclosures before they are accepted the facilities. mittee package that deals with avia- and closed. Acceptance would not rest That is cruel and unusual punish- tion. We could pass this bill and send it solely with one inspector. ment. I myself have been on airplanes to the President and the President It revises post-employment guidance that have been delayed 2 hours and would sign this bill. He would sign the to require a ‘‘cooling off’’ period of 2 more, and I know it is very uncomfort- bill Senator STEVENS and I have put

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3773 forward. He will not sign the bill that Mr. STEVENS. I ask unanimous con- as his concerns. No matter where the would be put forward by my distin- sent that the order for the quorum call problem was in our 586,000 square guished colleague, Senator ROCKE- be rescinded. miles, Lew Williams became ac- FELLER. The PRESIDING OFFICER. Without quainted with it and tried to do some- There are provisions of that bill that objection, it is so ordered. thing about the problem. Whether the would not allow this bill to go forward Mr. STEVENS. What is the situation issue was minerals or timber, fisheries at all, period, because there are policy parliamentarywise? or lands, hundreds of other matters, matters unrelated to aviation that The PRESIDING OFFICER. H.R. 2881 Lew wrote clearly and forcefully in his more than 41 people in this Senate will is pending, with amendments. paper, as editor, to help his readers un- object to putting on an aviation bill. Mr. STEVENS. Is there any time derstand the solutions he believed were So I think we have a way forward. I agreement at the present time? best for all Alaska and Alaskans. Critics who may have disagreed with have introduced a bill that I believe The PRESIDING OFFICER. There is his stand on any issue were unanimous could get the majority of the votes in a vote scheduled at 2:30. in their praise for his writings. His col- the Senate. It would be signed by the Mr. STEVENS. Are we still in morn- umns were carried in papers through- President, and it would do all that I ing business? The PRESIDING OFFICER. We are out our State and many throughout have mentioned relating to aviation the Nation, and they have continued to safety improvements, passenger bill of on the bill, not in morning business. Mr. STEVENS. I thank the Chair. run, until a few weeks ago, in what we rights, it would modernize our air traf- call Anchorage’s Voice of the Times fic control system, it would keep the TRIBUTE TO LEW WILLIAMS, JR. Our young State, Alaska, this past which is printed as an op-ed in the An- balance in the system we all agree we chorage Daily News. should have between air carriers and weekend lost one of our greatest 20th century pioneers when Lew Williams, Although Lew’s paper, the Ketchikan commercial airports, general aviation Daily News, is the smallest daily in and general aviation airports. Jr., the publisher emeritus of the Ketchikan Daily News, died while vaca- Alaska, with a weekend edition also, It is a good bill. We have a way for- Lew was in the forefront when it came ward. We have made agreements we tioning in Scottsdale, AZ. Through his six decades in Alaska to technology. He beat out what we can all agree would push the bill for- journalism, Lew brought news to much call ‘‘the big boys’’ in the larger towns ward. But the substitute we are going of southeast Alaska through a series of when he was the first to offer offset to vote cloture on without the process newspapers which he edited and owned. printing and color and among the first of amendments being open is not that Five southeast Alaska towns were with newsroom computers. Along the bill. There is no reason for the Com- home to Lew Williams. Juneau was the way, Lew collected dozens of honors for merce Committee bill on aviation to first, when, as an 11-year-old boy, he his papers throughout the Nation and take on all these taxes and special in- delivered the Empire, the paper on for his community service. He served terest projects that have nothing to do on boards ranging from the chambers which his dad was a reporter. Wrangell with aviation. of commerce to fish and game advisory was next. His dad was the new editor- If those projects can stand on their boards, school boards, and the Rotary. owner of the Wrangell Sentinel, and own, let’s vote on those projects alone. He was appointed to the board of re- Lew became his 15-year-old apprentice. The Finance Committee has many ve- gents of our University of Alaska. He Later, after Navy service in World War hicles on which they can put their leg- was a member of the blue ribbon task II, Lew bought the paper from his fa- islation. But to try to put nonaviation force for the Alaska National Interest ther. Next the beautiful town of Pe- taxes on an aviation bill is going to Public Lands Act—we call it ANILCA— tersburg, AK, claimed Lew when he and bring this bill down. which was passed in 1908, and he served his bride Dorothy bought the Peters- on the Alaska Judicial Council and the I hope we will not allow that to hap- burg Press. From that time on, Doro- pen. We will vote no on cloture. Clo- board of governors of the Alaska Bar thy remained his partner in Association, although he was not a ture probably will not be given because newspapering, along with helping Lew it is not an aviation bill we are going lawyer. to set the path that has been followed And ‘‘there’s more,’’ as the television to be voting on. But we have an avia- by his own three children. tion bill. Let’s vote on that one. Let’s commercial says. Lew founded the In 1966, Lew took over the editorship Alaska Newspaper Association. He was vote on the bipartisan bill from the of the Ketchikan Daily News and, a Commerce Committee and the taxes named businessman of the year for decade later, he and Dorothy bought Alaska a few years ago. He founded the from the Finance Committee that re- that paper, settling in for the long run late to aviation and let’s move forward. Southeast Alaska Conference and for 29 and spending the rest of his life in years was an adult leader of Boy I think we can do it. Ketchikan. This is the Senate. We can work on a Scouts. When the Daily Sitka Sentinel fell on These honors pale beside Lew’s great- bipartisan basis. My colleagues, Sen- hard times after major mechanical est gift to our State, and that is his ator ROCKEFELLER and I and Senator problems and a fire in 1969, Lew offered three children who grew up in news- INOUYE and Senator STEVENS and the assistance to the beleaguered owners. paper offices. What a tribute to their members of our committee have done That assistance turned into ownership dad that they adopted his profession an incredibly good job of bringing that of that paper also. But in 1975, he sold and are carrying it on. Lew III, Tena, balance together. So I hope we will not the Sentinel to the Poulsons, a young and Kathy, his children, accepted the waste that effort and that we will be couple who had been hired to be edi- reins from their dad in 1990. But he able to put up as one of the accom- tors. Thad Poulson was a former re- still remained in that office and he plishments of this session of Congress porter in Juneau and an AP representa- gave his time to finish writing and ed- an FAA reauthorization bill that mod- tive in Juneau. He remains with the iting a 700-page book called ‘‘Bent Pins ernized our system, that created a pas- Sitka paper today. and Chains,’’ a history of Alaska senger bill of rights, that created a Despite his close ties to these five through its newspapers. He had begun safety program that further enhanced a towns in our State’s beautiful south- this with the late historian wife of the good program, that included war risk eastern panhandle, Lew was truly a publisher of the Anchorage Times, insurance, a bill that balances all the man for all of Alaska. Evangeline Atwood, for anyone who is aviation interests of our country, He was one of my close friends, and I interested in Alaska. Alaskans are for- which are so important to our eco- mourn his passing. tunate that the vibrant Williams nomic viability. Early in the 1950s, when the larger younger generation carries on Lew Wil- I yield the floor and suggest the ab- southeast daily newspapers were liams’ commitment to good reporting, sence of a quorum. against Alaska statehood, Lew Wil- fine writing, dedication to community The PRESIDING OFFICER. The liams joined the small weeklies in our service, and making Alaska the great- clerk will call the roll. fight to become the 49th State. The est place in the United States to live. The legislative clerk proceeded to concerns that faced Alaska as a terri- Those of us who knew Lew Williams, call the roll. tory, and later as a State, Lew adopted who shared opinions and laughs and

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3774 CONGRESSIONAL RECORD — SENATE May 6, 2008 disappointments and triumphs and tinel for the family. He married Dorothy M. AN ALASKAN ORIGINAL DIES IN SCOTTSDALE many wonderful days, are among the Baum in Mitchell, Neb., on July 2, 1954. The Voice of The Times lost a great friend luckiest of Alaskans. I always looked The couple purchased the Petersburg Press and favorite columnist on Saturday when and acquired the Wrangell Sentinel from the Ketchikan newsman Lew M. Williams Jr., up Lew Williams when I was in Ketch- senior Williamses when they retired. ikan, and he always had some news and died at 83 in Scottsdale, Ariz., his vacation They sold both newspapers to Alaska Air- home. advice for me. I usually followed it. lines President Charles Willis, and bought Lew was the retired publisher of the Ketch- We do have the knowledge we could the Daily Sitka Sentinel and an interest in ikan Daily News and active in journalism not have had delivered to us through a the Ketchikan Daily News. They sold the and Alaska’s civic life for more than 60 better, more loyal friend. I have to say, Sitka paper to Thad and Sandy Paulson to years. He worked on various newspaper jobs it is tough to lose a friend like Lew. concentrate on publishing the Ketchikan as a youth and began his journalism career The joy he brought to my life and to paper when they bought out the Charleses. on a full-time basis after service as a para- Although the Petersburg Press was sus- trooper sergeant in World War II. my family’s life and to so many others pended after he sold it, Lew Williams helped cannot be measured in a statement of He first ran the Wrangell Sentinel for his the Petersburg Pilot get started. All news- family, worked at the Sitka Sentinel and the this kind. I tell the Senate that every- papers he and his wife ran were successful old Petersburg Press, and managed the one makes a statement like this. Not businesses and community leaders. Ketchikan Daily News for 10 years before often do we make a statement per- Williams was a lifetime member of Peters- buying it in 1976. His daughter, Tena, is now taining to someone who had so much to burg Elks Lodge No. 1615, the American Le- the Ketchikan publisher, taking over when do with our lives and what we have gion and Pioneers of Alaska. he retired. Williams served on the Wrangell School done. When I first decided to run for He was a principal author of ‘‘Bent Pins to Board, as mayor of Petersburg and on nu- Chains,’’ a comprehensive history of the the Senate, I went to Ketchikan to merous state boards, among them the Alaska talk to Lew Williams to see if he newspaper business in Alaska. He researched Judicial Council, the Board of Governors of and wrote the book after taking over the agreed. That was back in 1962. I have the Alaska Bar Association and the Board of original research done by the late Evan- known Lew Williams and Dorothy and Regents of the University of Alaska. He geline Atwood, who was an Alaska historian the children for a long time. Catherine served on boards under every state governor and widow of Robert B. Atwood, publisher of and I send our love and deepest sym- through 1999. He served three years as the The Anchorage Times and another giant of pathy. We know our friend and their first secretary of the Petersburg Fish and Alaska journalism. Game Advisory Board when Alaska took con- loved one is gone, but he will not be Most long-time Alaska journalists knew trol of fish and game with statehood. him and many can recount personal experi- forgotten by any of us. He was a past president of Rotary, served I ask unanimous consent that recent ences with him. Most will testify to the 29 years as an adult leader in the Boy Scout friendly and helpful attitude he had toward editorials and comments about my program, and was active in Democratic others in the profession. friend Lew Williams be printed in the Party politics when Bill Egan was governor. Lew’s death was unexpected and came RECORD. For his public service, he was awarded an after sending an e-mail in late April saying There being no objection, the mate- honorary doctorate of humanities by the he wouldn’t be writing columns for a while rial was ordered to be printed in the University of Alaska Southeast. because he had the flu. His wife, Dorothy, in- As a writer, Williams was noted for his sisted he see a doctor and they learned just RECORD, as follows: strong editorials and weekly columns. He NEWSMAN LEW WILLIAMS JR. DIES AT 83 a week before his death that it was cancer. continued writing his column, ‘‘End of the His family gathered in Scottsdale and he KETCHIKAN.—Ketchikan Daily News pub- Week,’’ up until his death, and occasionally was apparently comfortable until the end. lisher emeritus Llewellyn ‘‘Lew’’ M. Wil- contributed editorials. He continued to pro- By one account he was still tracking the liams, Jr., 83, died Saturday in Scottsdale, vide background material to Daily News edi- stock market during his last week. With his Ariz. torial writers, because of his lengthy service inquiring and untiring mind, that would be Williams was a pioneer Alaska journalist, in and extensive knowledge of public affairs. no surprise. active in newspaper, state and local affairs His advice was sought not only by reporters Lew’s list of good friends includes Sen. Ted for more than 60 years. He died while vaca- and editors at the newspaper, but also by Stevens, who is preparing a tribute to him tioning in Arizona, four days after he had municipal and state leaders. for delivery on the floor of the U.S. Senate been due to return home to Ketchikan. In 2006, he published ‘‘Bent Pins to Chains: on Tuesday. He and his wife, Dorothy, published news- Alaska and its newspapers,’’ a book he wrote papers in Wrangell, Petersburg, Sitka and with the late Evangeline Atwood that is de- The PRESIDING OFFICER. The Sen- Ketchikan. scribed on its dust jacket as ‘‘a journalism ator from Illinois. They were the first to switch an Alaska course, including a history of Alaska under Mr. DURBIN. It is my understanding newspaper from the hot-type method of the American flag.’’ that the Federal Aviation Administra- printing to photo offset, which later became He believed the editorial was the heart and tion reauthorization is the pending used universally in the industry. strength of any newspaper. He editorialized business before the Senate. They were the first to switch an Alaska for Alaska statehood, for creation of the afternoon daily newspaper to morning publi- state ferry system, for the trans-Alaska The PRESIDING OFFICER. That is cation. They created a successful weekend pipeline, for power development, in support correct. edition for the Ketchikan Daily News while of the timber and fishing industries, and for Mr. DURBIN. I thank the Chair. other small dailies in Alaska remained five- airports, harbors and roads. Mr. President, this is a bipartisan day publications. The Williamses were Alas- As a community booster, he was active in bill that Senator ROCKEFELLER of West ka pioneers in adapting electronics to news- chambers of commerce and was a founder Virginia, Senator HUTCHISON of Texas, paper production. and first secretary of the regional Southeast and many others worked on very long In 1965, Lew Williams was a founder of the Conference. He was named Citizen of the and hard. We voted unanimously to go Alaska Newspaper Publishers’ Association, Year by both the state chamber and the forerunner to today’s Alaska Newspaper As- Greater Ketchikan Chamber of Commerce in forward with this bill last week. This is sociation. He served terms as president of the early 1980s, and named Alaskan of the long overdue. It is to modernize the air each organization and served a term as direc- Year in 1991 by the nonprofit Alaskan of the traffic control system, to establish a tor of the regional Allied Daily Newspaper Year organization, based in Anchorage. basic set of rights for airline pas- Association. Williams was a dedicated family man, who sengers, and so many other things that The Williamses purchased the Ketchikan in his early days enjoyed hunting and fishing are included in this bill, to move the Daily News from the Paul S. Charles family on the Stikine River. After retirement, he technology of air traffic control for- in 1976, after managing the newspaper for 10 liked to vacation with family in Arizona. years. They sold their interest to their chil- He is survived by his wife, Dorothy; daugh- ward so America can be on the same dren, Lew III, Kathy and Tena Williams, ters, Christena and Kathryn; son, Lew III page as many other developed nations after Williams retired as publisher in 1990. and daughter-in-law, Vicki; granddaughters, that have found more efficient, safer Williams was born in Spokane, Wash., Nov. Kristie, Jodi and Melissa Williams; and ways to guide aircraft. You would 26, 1924, to Lew M. Williams Sr. and Winifred great-grandson, Milan Browne, all of Ketch- think that sort of thing would be non- (Dow) Williams, who met while both were re- ikan; sisters, Susan Pagenkopf of Juneau partisan when it came to the floor of porters for Tacoma newspapers. The Wil- and Jane Ferguson of California; and by the Senate. I am sorry to say we liams family moved to Juneau in 1935, where cousins in Alaska and Washington. haven’t had much luck. the elder Williams worked for the Juneau At his request, no service is scheduled. Empire. In 1939, the senior Williamses pur- Messinger Mortuaries of Scottsdale is in If Senators were paid by the vote, chased the Wrangell Sentinel. charge of cremation. last week we would have been on short After serving as a sergeant in the para- The family suggests memorials to the rations. We had one vote last week. We troops in World War II, Lew Jr. ran the Sen- First City Council on Cancer. all came out and ceremoniously showed

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3775 up one time on the floor of the Senate as few amendments, as few bills as pos- the bill. Well, the weekend is over and to vote and leave. sible. Why? Well, several reasons. we are in Tuesday of this week and I kind of thought when I ran for the First, they like the world as it cur- nothing is happening. That is regret- Senate there was something involved rently exists. They do not believe im- table. such as debate, deliberation, that Sen- proving aviation safety is worth the ef- There is a portion of this bill that ators would come forward and offer fort on the floor to try to work to- was in the original substitute which amendments, and other Senators who gether. Time and again, they have has now been removed, which I thought disagreed might debate those amend- stopped efforts in progress because we put behind us last week. It was a ments and maybe even offer an amend- they do not want us to have, I guess, a measure related to airline pensions. I ment of their own. It is like the Senate record to point to that shows we have assumed at some point we would re- was once portrayed in the movies. That achieved something. visit it. I was surprised when my good is the Senate of ‘‘Mr. Smith Goes to Finally, they are afraid of controver- friend, the ranking member of the Sen- Washington’’ and so many other great sial votes. I had the good fortune, ate Finance Committee, Senator depictions of Senate activity. But not many years ago, to serve with a Con- GRASSLEY of Iowa, took to the floor this Senate; we are in a different mode. gressman from Oklahoma named Mike earlier today to reopen the debate. We are in the filibuster mode, imposed Synar. Mike Synar was a real char- Senator GRASSLEY said a provision in on us by the Republican minority. acter. He was a throwback. He invited the original substitute amendment last In the history of the Senate, looking controversy. He welcomed it, and it week would have in some way cor- back over 200 years, the maximum eventually did him in. He lost a Demo- rected a provision I had supposedly, in number of filibusters in any 2-year pe- cratic primary. He managed to anger his words, ‘‘airdropped’’ into a con- riod is 57. That is an easy number to re- enough people that it did not work. ference report last year, as a result of member. Now, unfortunately, in this But he was a character. He used to say: smoky, backroom dealing and that the Senate session, as we go into the sec- If you don’t want to fight fire, don’t be Finance Committee was trying to right ond year, the Republican minority has a firefighter. If you don’t want to vote a wrong. broken that record. We have now had on controversial issues, don’t run for I would like to set the record 69 filibusters, and we are not even half- the House or, I might add, the Senate. straight. I do like CHUCK GRASSLEY. I way through this year. Some speculate Unfortunately, on the Republican respect him. We have worked on things there will be over 100 filibusters before side, they do not want to vote on any- together. We come from adjoining this session comes to an end. thing, and they do not want to face States. We have been traveling on air- That is unfortunate because a fili- anything that might be controversial. planes together for 20 years-plus. There buster basically means the Senate So they file filibuster after filibuster. are times when we do see eye to eye stops. Any Member can stand up, ob- So we had hoped last week this bill, and work very closely. His leadership ject, and stop the Senate. Then it takes the Federal Aviation Administration on a bipartisan basis on the Children’s a motion to be filed and some 30 hours bill, would be different—modernizing Health Insurance Program was one of to pass before you vote on that motion air traffic control, making our skies the better moments in this Congress. and start up again, if you are lucky safer, making sure our planes are well But on this particular one, I have to enough to get 60 votes. The Republican inspected. That seems to me to be an say I think Senator GRASSLEY is minority knows this. So time and time issue that is not a Republican or Demo- wrong. and time again they have started fili- cratic issue. Why would we be debating airline busters and caused us to file motions So last week, the majority leader, pensions or why should people care? If for cloture to try to get to an issue. HARRY REID of Nevada, came to the you work for an airline, of course you Now, for an outsider watching the floor and said to the Republican side: If care. But when you take a look at, Senate, they might say: What dif- you have amendments, let’s see them overall, what is going on here in Amer- ference does it make? Why don’t you and let’s get going. Let’s start dealing ica, I think everybody can understand all get over it and try to get something with those amendments. If they relate what we are up against. done? Well, unfortunately, we are not to the Federal Aviation Administra- On this chart is a list of airlines having any luck at that. The Repub- tion, let’s bring them up, let’s debate which declared bankruptcy recently: lican minority has now reached new them, let’s vote on them. Frontier, 6,000 employees out of work; heights—or new depths—depending on We had hoped, since we had this ‘‘ex- ATA, 2,230 employees out of work; your point of view when it comes to ap- hausting’’ week last week, where we Skybus, 450 employees; Aloha, 1,900 em- plying the filibuster. voted one time, that maybe the Repub- ployees; EOS, 450 employees. We have a technical corrections bill licans would have time to come up This is an alarming trend, as more that comes around once in a while with a list of amendments they wanted airlines declare bankruptcy and people when we have drafting errors in bills, to come forward with. But I am afraid lose their jobs. and we have to change the spelling and the majority leader’s invitation to Also, many of these people have lost grammar. We had a big highway bill. It offer amendments was declined by the at least some measure of security when was a huge bill. Then, over time, people other side, and here we are stuck in the it comes to their retirement. So when looked at it and said: Wait a minute, middle of another filibuster. we talk about airline pensions in to- that shouldn’t have said ‘‘road,’’ it They tell us what is haunting them is day’s climate, where our economy has should have said ‘‘avenue.’’ The spell- a project in this bill that relates to the slowed to a crawl, we can understand ing is wrong or the punctuation. Let’s city of New York. My colleague and why this is an issue which we should put these technical corrections in. The friend, Senator CHUCK SCHUMER, and handle very carefully. Republicans filibustered the bill—a bill Senator CLINTON, are pushing for some- In considering the Pension Protec- such as that they filibustered. thing in New York which they feel the tion Act of 2005, the original Senate One of the Republican Senators got President has promised. In fact, the bill provided near parity for airlines. up on the floor and said: Well, there President included it in his budget. What we were trying to do in this were some things in there we objected Some Republican Senators do not country was to say to companies all to. Well, the way it works—at least by like it. They do not want it in there. across the board: You promised your most tradition in the Senate—is if you Well, they certainly have the right to employees when they came to work for object to something, you file a motion offer to strike it. We give them that you, if they worked long enough, they to strike that section. You debate it. opportunity. But because this lingering could retire and have a pension. Keep There is a vote. The Senate moves to resistance to the bill is there, they will your word. Make sure there are enough the next consideration. That is the or- not let us move forward. funds set aside so you can fund their derly process but not the approach I was optimistic that maybe after a pensions when they retire. being used by the Republican minority. long weekend we could finally make So we got into this debate and real- Their approach: Initiate a filibuster. some progress, that the Republican ized for most companies in America Tie up the Senate. Make us burn 30 Members would come forward, offer certain standards would work, but in hours doing nothing, with as few votes, some amendments, and start to debate one industry—the airline industry—it

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3776 CONGRESSIONAL RECORD — SENATE May 6, 2008 was a little more difficult because they When all the smoke had cleared, We let Senator GRASSLEY and all other were struggling. After 9/11, many air- there were five airlines that main- Senators know this was an unresolved lines went into bankruptcy, many were tained their original basic defined ben- issue. Well, they came back this year on the edge of bankruptcy, and most efit pension plans: American Airlines; and wanted to change the rules again, were barely getting by. So we created a Continental; Hawaiian; Alaskan; and penalizing even more airlines, such as provision in the bill in how we dealt Piedmont, which was assumed by US American Airlines that had avoided with airlines when we talked about Airways. So these were companies that bankruptcy, was paying into their de- this Pension Protection Act. avoided bankruptcy and said: We are fined benefit plans, and had funded The original bill provided near parity going to try to keep our airlines com- their pension plans well beyond 100 per- for all airlines, giving all carriers 14 petitive. We are not going to dump the cent. American Airlines, for example, years to catch up in underfunding in pension plans of our employees, and we has funded their pension plan to the their defined benefit pensions. The are going to try to hang on. I think level of 115 percent. So even in a tough Senate passed an amendment by voice those companies did a brave thing and economy they are able to do this. vote—Senator ISAKSON offered it—that the right thing and the best thing for Now, we have warned Senator GRASS- would have provided even more bene- their employees. LEY and others if they are not careful, fits to the airline industry in the way Unfortunately, when it came to the we could find other airlines facing they funded their pensions—again law being passed by Congress, we gave bankruptcy. It is pretty common maintaining something close to parity better treatment to those airlines that knowledge what is going on. This chart among airlines. We knew we had an in- went into bankruptcy and basically shows what has happened to airline dustry that was in a delicate situation. froze their pension plans and would not losses in the first quarter of this year. We wanted to protect their employees. allow others to come into them. So it Delta has lost $274 million; American We did not want to go too far, too fast. was a decision in that conference re- Airlines, $328 million; and United, $537 The Isakson amendment gave us a way port which favored some airlines over million. United, my hometown airline most of us felt was reasonable. others. in Chicago, announced they may have When the conference report for the Senator ENZI spoke to this provision to lay off 1,000 people because of its bill was finalized, the near equality for when he said on the floor: losses. Where do these losses come from? the airlines was destroyed. In its place, I am a little disappointed in the language Well, it comes from the cost of jet fuel, there was a huge disparity in the fund- from the House bill because it fails to treat as this chart shows. Airlines struggling ing rules for some airlines compared to all the legacy airlines equally. . . . The Sen- with fierce competition now have jet the rules that even the airlines they ate bill gave amortization extensions to all four legacy airlines . . . but under the House fuel costs spiking, as we can see, at a competed against had to follow. The bill, frozen plans receive 17 years to amortize time when they are struggling to sur- conference committee had changed the their plan debt and an interest rate of 8.85 vive, and these jet fuel costs are com- will and decision of the Senate and de- percent. . . . I prefer the language of the ing right off the bottom line. So as mo- cided to pick winners and losers among Senate passed bill. . . . I am very sorry that torists are angry about gasoline prices airlines. the House did not see fit to accept the Sen- and truckers are angry about diesel It was interesting, as soon as that ate language, as it was the result of many and long negotiations. costs, airlines facing jet fuel costs are came back, there was a lot of floor ac- showing record losses as we go into tivity and floor debate and colloquy I had made a statement on the floor this. among Senators about that provision. as well. I make this part of the RECORD be- For example, Senator KENNEDY came Senator HUTCHISON of Texas ad- cause it is fair warning to all of us to to the floor and said: dressed the then-majority leader, Bill be very careful when we are changing Quite frankly, I was disappointed that we Frist, a Republican of Tennessee, and the law as related to airlines. It might didn’t treat American and Continental Air- said: I hope you know we are going to not take much to push some over the lines more fairly in the final recommenda- basically return to this. We can’t leave edge into bankruptcy. I don’t think tions. Without moving ahead at this time on it where some airlines are treated more America and its economy will be the pension legislation, we have the pros- favorably than others. It creates a stronger if we have fewer airlines. I pects of one of the major airlines dropping competitive advantage in a very com- think it is far better for us to move to- their pension program, with more than petitive marketplace. Senator 150,000 workers losing their pensions. ward equitable treatment of all air- HUTCHISON spoke for many of us when lines and some sensitivity to the eco- You see, that is what the issue came she said that. nomic realities they face. down to. As airlines were facing tough Before the majority leader could As of last week, we removed this con- times, some went into bankruptcy, and even respond to her, other Senators, tentious provision from the bill. As I the first casualty in the bankruptcy such as Senators VOINOVICH, CORNYN, said, I was a little surprised that Sen- was their pension plan. Historically, and INHOFE, joined in, in support of ator GRASSLEY wanted to revisit this many companies in America offered a Senator HUTCHISON. issue again today, but I feel just as defined benefit pension plan, which Senator Frist, the then-Republican strongly this week as I did last week. I meant if you worked a certain number majority leader, said: think what the committee had proof years and contributed, when you re- . . . I can promise the Senators that I will posed would have been fundamentally tired, you knew what you would re- continue to work with them on this issue unfair and would have created a hard- ceive in a pension. It was defined: how after we return from the August recess. ship on many of these airlines that are much each month, whether a cost of Now fast forward to the middle of struggling to survive. living adjustment would apply. 2007 and nothing had been done. So In just a short time now the Senate As airlines went into bankruptcy, Senator HUTCHISON and I took a small will vote on a cloture vote as a result that was one of the first casualties. step to improve the situation by adding of the 69th Republican Senate fili- They said: We can no longer accept language to a supplemental appropria- buster of this session, a recordbreaking that responsibility for future retirees. tions bill that gave the airlines left be- number of efforts to slow down and We are going to go into a defined con- hind in the original bill a bit more fair- stop legislation—even this bill, a bill tribution plan, known as 401(k)s and ness in the rules. to reauthorize the Federal Aviation similar tax models in order to fund I am troubled when my friend, Sen- Administration. One would think this their future pensions. That limited the ator GRASSLEY, characterizes this as bill would rise above the partisan divi- contribution of the company and left ‘‘dark of the night activity.’’ There was sions in this Chamber. But last week, some uncertainty for the employee in fair warning that the original pension or the week before, we even had a fili- retirement. But that was what hap- bill did not solve the problem and cre- buster—a Republican filibuster—of a pened. As airlines went into bank- ated some real fundamental unfairness, veterans health benefits program. So it ruptcy, the defined benefit pension fair warning that many Senators on appears they are going to filibuster ev- plans fell by the wayside and the de- both sides of the aisle wanted to revisit erything that is moving or everything fined contribution plans took their this issue. So it does not strike me as that tries to move on the floor of the place. some underhanded or backroom deal. Senate.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3777 I see Senator ROCKEFELLER has re- The proposal of the Senator from North Carolina (Mr. BURR), the Senator turned. As chairman of the aviation West Virginia puts the controversial from Idaho (Mr. CRAIG), the Senator subcommittee, he has done a great job measure back before us, upon which we from Nebraska (Mr. HAGEL), the Sen- on this bill. I am certainly going to will have the cloture vote shortly. ator from Oklahoma (Mr. INHOFE), and support his efforts. I think they will Therefore, I object. the Senator from Arizona (Mr. move us forward in the world of airline The PRESIDING OFFICER. Objec- MCCAIN). safety. tion is heard. The PRESIDING OFFICER. Are there If there is no one else seeking rec- Mr. DURBIN. Will the minority lead- any other Senators in the Chamber de- ognition at this point, I suggest the ab- er yield for a question? siring to vote? sence of a quorum. Mr. MCCONNELL. I yield the floor. The yeas and nays resulted—yeas 49, The PRESIDING OFFICER (Mr. CAR- Mr. DURBIN. Mr. President, at the nays 42, as follows: risk of asking someone on the Repub- PER). The clerk will call the roll. [Rollcall Vote No. 115 Leg.] The assistant legislative clerk pro- lican side, isn’t there such a thing as a ceeded to call the roll. motion to strike? Could we not bring YEAS—49 Mr. MCCONNELL. Mr. President, I this bill up and you could move to Akaka Feinstein Nelson (FL) ask unanimous consent that the order Baucus Harkin Nelson (NE) strike the provisions you don’t like, Biden Inouye Pryor for the quorum call be rescinded. and we could have a debate on the floor Bingaman Johnson Reed The PRESIDING OFFICER. Without and actually have a vote and actually Boxer Kennedy Roberts objection, it is so ordered. get this bill moving forward? Isn’t that Brown Kerry Rockefeller Brownback Klobuchar Mr. MCCONNELL. Mr. President, as I where we were last week when this Salazar Byrd Kohl Sanders think everyone on this side of the aisle Cantwell Lautenberg ground to a halt and nothing has Schumer has made perfectly clear, we do not op- Cardin Leahy changed? What is wrong with, if you Snowe Carper Levin pose moving forward with an FAA Stabenow don’t like a provision of the bill, mov- Casey Lieberman modernization bill. In fact, we would be ing to strike it? I ask that question Conrad Lincoln Tester more than happy to move forward on through the Chair if any Republican is Dodd McCaskill Webb Whitehouse the aviation provisions of the Com- willing to respond. Dorgan Menendez merce Committee and Finance Com- Durbin Mikulski Wyden The PRESIDING OFFICER. The Sen- Feingold Murray mittee titles of the bill that are on the ate is to proceed to a vote at 2:30. Senate floor. Mrs. HUTCHISON. Mr. President, I NAYS—42 The ranking member of the Aviation am happy to go to the vote. But the Alexander DeMint McConnell Subcommittee, Senator HUTCHISON, has problem is we don’t have the oppor- Allard Dole Murkowski been on the Senate floor for a week Barrasso Domenici Reid tunity to amend and strike. That has Bennett Ensign Sessions flagging the extraneous, nonaviation- been taken away from us by the major- Bond Enzi Shelby related provisions in the Finance Com- ity. The bottom line is we should go to Bunning Graham Smith mittee package as a problem. She has Chambliss Grassley Specter a vote, reject this bill, and we should Coburn Gregg Stevens called repeatedly on the majority bill go back to the drawing board with the Cochran Hatch Sununu manager to join her in seeking to re- Commerce Committee, to a bipartisan Coleman Hutchison Thune move these extraneous controversial bill for FAA reauthorization. Collins Isakson Vitter provisions and move forward with a Corker Kyl Voinovich Thank you. Cornyn Lugar Warner clean FAA bill. Unfortunately, the ma- CLOTURE MOTION Crapo Martinez Wicker jority has not accepted her offer to The PRESIDING OFFICER. Under NOT VOTING—9 date, and so we find ourselves in a the previous order, pursuant to rule stalemate. I think this is unfortunate Bayh Craig Landrieu XXII, the clerk will report the motion Burr Hagel McCain and unnecessary. But there is a way to to invoke cloture. Clinton Inhofe Obama pass this bill in a bipartisan way if our CLOTURE MOTION colleagues will only take yes for an an- The PRESIDING OFFICER. On this We, the undersigned Senators, in accord- vote, the yeas are 49, the nays are 42. swer. ance with the provisions of rule XXII of the So bearing that in mind, I have indi- Three-fifths of the Senators duly cho- Standing Rules of the Senate, hereby move sen and sworn not having voted in the cated to the other side that I would to bring to a close debate on the substitute propose a unanimous consent agree- amendment No. 4627 to H.R. 2881, the FAA affirmative, the motion is rejected. ment. reauthorization. The majority leader. I now ask unanimous consent that Harry Reid, Jay Rockefeller, Barbara Mr. REID. Mr. President, I enter a the Senate proceed to the immediate Boxer, Kent Conrad, Patrick J. Leahy, motion to reconsider the vote by which consideration of S. 2972, a bill to reau- Robert P. Casey, Jr., Mark Pryor, cloture was not invoked on the Rocke- thorize and modernize the Federal Sherrod Brown, Patty Murray, Ken feller substitute amendment No. 4627. Salazar, Max Baucus, Tom Carper, Aviation Administration. I ask unani- The PRESIDING OFFICER. The mo- Amy Klobuchar, Sheldon Whitehouse, tion is entered. mous consent that the bill be read a E. Benjamin Nelson, Dick Durbin, third time and passed, the motion to Blanche L. Lincoln, Daniel K. Inouye. Mr. REID. Mr. President, I ask unanimous that the cloture motion on H.R. reconsider be laid upon the table, and The PRESIDING OFFICER. By unan- 2881 be withdrawn. that any statements related to the bill imous consent, the mandatory quorum The PRESIDING OFFICER. Without be printed in the RECORD. call is waived. The PRESIDING OFFICER. Is there The question is, Is it the sense of the objection, it is so ordered. objection? Senate that debate on amendment No. Mr. INOUYE. Mr. President, I wish Mr. ROCKEFELLER. Mr. President, 4627 to H.R. 2881, the FAA reauthoriza- today to urge my colleagues to support reserving the right to object, I would tion bill, shall be brought to a close? the Rockefeller substitute to H.R. 2881, ask the Senator to modify his request The yeas and nays are mandatory the Aviation Investment and Mod- and include an amendment which in- under the rule. ernization Act. Aviation is a central cludes all of the provisions of my pend- The clerk will call the roll. element of our globalized economy. ing amendment. The assistant legislative clerk called The United States is the world’s leader Mr. MCCONNELL. Reserving the the roll. in aviation, and if we are to maintain right to object, I assume that would Mr. DURBIN. I announce that the this position, we must invest the prop- put us right back in the same place we Senator from Indiana (Mr. BAYH), the er resources. are now. I will not restate what I said Senator from New York (Mrs. CLIN- I wish to congratulate Senator earlier. But it was my hope, following TON), the Senator from Louisiana (Ms. ROCKEFELLER for bringing together di- the advice of the senior Senator from LANDRIEU), and the Senator from Illi- verse interests and crafting a measure Texas, and our expert on this issue, nois (Mr. OBAMA) are necessarily ab- that will bolster oversight of the Fed- that we would simply take up and pass sent. eral Aviation Administration’s, FAA, those portions of the bill that seemed Mr. KYL. The following Senators are safety system, provide guaranteed to be noncontroversial. necessarily absent: the Senator from funding to modernize the air traffic

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3778 CONGRESSIONAL RECORD — SENATE May 6, 2008 control system, strengthen passenger AirVenture aviation event in Oshkosh, I would like to share comments from protections, and fund air service to WI, every year, and I have even recre- two of my constituents with you. An- small communities throughout the Na- ated Wiley Post’s trip around the gela Looney, from Norman, OK, says tion. world. that, ‘‘I could not have received the I am very proud of the efforts of Sen- Today, I am here to acknowledge a care I’ve gotten without Angel Flight. ator ROCKEFELLER and the members of group of people who share my love of No one in Norman or anywhere in the Senate Commerce Committee. The flying—volunteer pilots and nonprofit, Oklahoma could perform my surgery. I Commerce Committee provisions in the charitable associations called Volun- had to get to M.D. Anderson.’’ Tonya substitute before us represent a well- teer Pilot Organizations, VPOs, that Dawson, from Broken Arrow, OK, trav- crafted effort that enjoys bipartisan provide resources to help these self- els with Angel Flight to treatment at support. sacrificing pilots serve people in need. the Mayo Clinic in Rochester, MN. She The substitute before us represents a I have introduced an amendment, S.A. reports, ‘‘The pilots are great. I can’t rare opportunity to significantly shape 4606, to provide much needed liability say enough good things.’’ protection to these pilots and nonprofit the future of the national air transpor- Despite this goodwill, there is a loop- organizations. My legislation is sup- tation system, and therefore, ensure hole in the law that subjects these he- ported by the American Red Cross, the our standing will remain at the fore- roes and charitable organizations to General Aviation Manufacturers Asso- front of the aviation industry. frivolous, costly lawsuits. Currently, ciation, and many volunteer pilot orga- The actions we take to reauthorize although volunteer pilots are required nizations throughout the Nation. the FAA will affect the public for dec- to carry liability insurance, if they ades to come. Legislation to reauthor- Unfortunately, the majority has used a procedural tactic to restrict my abil- have an accident, the injured party can ize the FAA is long overdue, and it is sue for any amount of money. It would vital that we pass this bill that ad- ity to offer this amendment to the bill we are currently debating, the FAA Re- be up to a jury to decide on an amount. dresses the challenges facing our Na- If that amount is higher than the li- tion’s aviation system. We must ensure authorization Act. However, I would like to take this opportunity to discuss ability limit on a pilot’s insurance, that the national airspace system con- then the pilot risks being held person- tinues to serve the public effectively, my amendment and to encourage my colleagues to join me in seeking to ally responsible, potentially bringing and at the same time, we must move him or her financial ruin. forward aggressively with moderniza- pass basic liability protection for volunteer pilots into law at the first op- Additionally, the cost of insurance tion to make certain we do not inhibit and lack of available nonowned air- our economic growth. portunity. There are approximately 40 to 50 craft liability insurance for organiza- The Nation’s existing air transpor- VPOs in the United States—ranging tions since the terrorist attacks of Sep- tation system is already stretched to from small, local groups to large, na- tember 11 prevents VPOs from acquir- its limits. Current passenger traffic has tional associations. Air Charity Net- ing liability protection for their orga- exceeded all previous records and is ex- work, ACN, is the Nation’s largest VPO nizations, boards, and staff. Without pected to exceed 1 billion passengers and has seven member organizations this insurance, if a volunteer pilot were per year within the next decade. that collectively serve the entire coun- to have an accident using his or her To accommodate this growth in a try and perform about 90 percent of all own aircraft, everyone connected to safe and cost-effective manner, we charitable aviation missions in the the organization could be subject to a must increase capacity by expanding United States. ACN’s volunteer pilots costly lawsuit, despite the fact that our airports, modernizing our air traf- provide free air transportation for peo- none of those people were directly in- fic control, ATC, system, and most imple in need of specialized medical treat- volved with the dispatch of the flight, portantly, ensuring the FAA has the ment at distant locations. They also the pilot’s decisions, or the aircraft resources and staffing required to pro- step in when commercial air service is itself. vide effective oversight of the most not available with middle-of-the-night complicated airspace system in the Exposure to this type of risk makes organ transplant patient flights, dis- it difficult for these organizations to world. aster response missions evacuating spe- Recent events highlight the cracks recruit and retain volunteer pilots and cial needs patients, and transport of professional staff. It also makes refer- developing in our air transportation blood or blood products in emergencies. system. Domestic air carriers are being ring medical professionals and disaster ACN and its more than 8,000 volun- agencies like the American Red Cross crippled by the high price of fuel. teer pilots use their own planes, pay Seven airlines have declared bank- less likely to tell patients or evacuees for their own fuel, and even take time that charitable medical air transpor- ruptcy since the beginning of the year, from their ‘‘day’’ jobs to serve people and early reports indicate the industry tation is available for fear of a liability in need. These Good Samaritans pro- suit against them. Instead of focusing has lost billions of dollars in the first vided charitable flights for an esti- quarter of this year alone. on serving people with medical needs, mated 24,000 patients in 2007 and their these organizations are spending time Most disturbing, however, are the safety record is phenomenal. In more lapses in the FAA’s safety oversight and resources averting a lawsuit and than 30 years of service, the pilots of recruiting volunteers. system that have been recently high- ACN have flown over 250,000 missions In order to close this costly loophole, lighted. Over the past few months, air covering over 80 million miles and have I have introduced Senate amendment carriers cancelled thousands of flights, never had a fatal accident. leaving passengers stranded after the Following the September 11 terrorist 4606. My amendment expands the Vol- FAA belatedly discovered air carriers attacks, ACN aircraft were the first to unteer Protection Act of 1997, which had not performed required safety in- be approved to fly in disaster-response was passed into law to increase vol- spections. Congress must take the nec- teams and supplies. Similarly, in 2005, unteerism in the United States, to pro- essary steps to ensure that the safety ACN pilots flew over 2,600 missions tect from liability volunteer pilot or- of the U.S. aviation system is never after Hurricanes Katrina and Rita, re- ganizations, their boards, paid staff, compromised. uniting families torn apart by the dis- nonflying volunteers, and referring With our Nation’s aviation system at aster and relocating them to safe hous- agencies, should there be an accident. a critical juncture, I urge my fellow ing. Their service was invaluable to It also provides liability protection for Members to close debate on the Rocke- thousands of people. individual volunteer pilots over and feller substitute and adopt this impor- My own State of Oklahoma is served above the liability insurance that they tant legislation. well by a number of volunteer pilot or- are currently required to carry. Mr. INHOFE. Mr. President, as one of ganizations, including Angel Flight My amendment will go a long way to the Senate’s commercially licensed pi- South Central and Angel Flight Okla- help eliminate unnecessary liability lots, I wish to talk about an issue near homa. On a daily basis, they selflessly risk and allow volunteer pilots and the to my heart—flying. As many in this serve my constituents by flying indi- charitable organizations for which they Chamber know, I have flown thousands viduals to get surgeries and treat- fly to concentrate on what they do of hours, I attend the well-known ments. best—save lives.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3779 I ask unanimous consent to have tax credit bonds for high-speed rail The question is, Is it the sense of the Senate amendment No. 4606 printed in service, a measure that I helped put to- Senate that debate on the motion to the RECORD. gether. For these and other reasons, I proceed to S. 2284, the National Flood There being no objection, the mate- believe it is imperative that the Senate Insurance Act Amendments, shall be rial was ordered to be printed in the act on this bill. brought to a close? RECORD, as follows: However, I do not believe it would be The yeas and nays are mandatory At the appropriate place, insert the fol- appropriate to act on it without nec- under the rule. The clerk will call the lowing: essary and proper debate, and that is roll. SEC. ll. LIABILITY PROTECTION FOR VOLUN- precisely what a vote for cloture on the The bill clerk called the roll. TEER PILOT NONPROFIT ORGANIZA- substitute amendment would have rep- Mr. DURBIN. I announce that the TIONS THAT FLY FOR PUBLIC BEN- EFIT AND TO PILOTS AND STAFF OF resented. The Senate was precluded Senator from Indiana (Mr. BAYH), the SUCH NONPROFIT ORGANIZATIONS. from having any meaningful or tradi- Senator from New York (Mrs. CLIN- Section 4 of the Volunteer Protection Act tional debate on this legislation due to TON), the Senator from Louisiana (Ms. of 1997 (42 U.S.C. 14503) is amended— a decision to fill the so-called ‘‘amend- LANDRIEU), and the Senator from Illi- (1) in subsection (a)(4)— ment tree’’ so that no other amend- nois (Mr. OBAMA) are necessarily ab- (A) by redesignating subparagraphs (A) and ments could be freely debated and consent. (B) as clauses (i) and (ii), respectively; sidered. I filed two amendments to this Mr. KYL. The following Senators are (B) by striking ‘‘the harm’’ and inserting bill, one attempting to address over- ‘‘(A) except in the case of subparagraph (B), necessarily absent: the Senator from the harm’’; scheduling of airline flights and one North Carolina (Mr. BURR), the Senator (C) in subparagraph (A)(ii), as redesignated prohibiting unnecessary flights over from Idaho (Mr. CRAIG), the Senator by this paragraph, by striking the period at residential areas, which I was pre- from Nebraska (Mr. HAGEL), the Sen- the end and inserting ‘‘; or’’; and cluded from offering. I believe my ator from Oklahoma (Mr. INHOFE), and (D) by adding at the end the following: amendments address critically impor- the Senator from Arizona (Mr. ‘‘(B) the volunteer— tant issues that deserve the attention MCCAIN). ‘‘(i) was operating an aircraft in further- and consideration of the Senate, and I The PRESIDING OFFICER (Mr. ance of the purpose of a volunteer pilot non- am told that other Senators hold simi- SANDERS). Are there any other Sen- profit organization that flies for public benefit; and lar sentiments with respect to amend- ators in the Chamber desiring to vote? ‘‘(ii) was properly licensed and insured for ments they intended to pursue. The yeas and nays resulted—yeas 90, the operation of such aircraft.’’; and On February 15, 2007, I introduced a nays 1, as follows: (2) in subsection (c)— resolution which would prohibit this [Rollcall Vote No. 116 Leg.] (A) by striking ‘‘Nothing in this section’’ abhorrent practice of filling the YEAS—90 and inserting the following: ‘‘amendment tree’’ so that the Senate Akaka Dorgan Mikulski ‘‘(1) IN GENERAL.—Except as provided in can conduct its business. In the ab- Alexander Durbin Murkowski paragraph (2), nothing in this section’’; and sence of this much-needed reform, I Allard Ensign Murray (B) by adding at the end the following: voted against cloture on the substitute Barrasso Enzi Nelson (FL) ‘‘(2) EXCEPTION.—A volunteer pilot non- Baucus Feingold Nelson (NE) profit organization that flies for public ben- amendment, not because I fail to rec- Bennett Feinstein Pryor efit, the staff, mission coordinators, officers, ognize the importance of the provisions Biden Graham Reed and directors (whether volunteer or other- contained therein, but because the Sen- Bingaman Grassley Reid wise) of such nonprofit organization, and a Bond Gregg Roberts ate was effectively blocked from offer- Boxer Harkin Rockefeller referring agency of such nonprofit organiza- ing and debating any amendments to Brown Hatch Salazar tion shall not be liable for harm caused to improve it. Brownback Hutchison Sanders any person by a volunteer of such nonprofit It is my hope that the chairman and Bunning Inouye Schumer organization while such volunteer— Byrd Isakson Sessions ‘‘(A) is operating an aircraft in furtherance ranking members of the relevant com- Cantwell Johnson Shelby of the purpose of such nonprofit organiza- mittees can work out an agreement Cardin Kennedy Smith tion; that will allow this bill to come back Carper Kerry Snowe before the Senate, and with it a process Casey Klobuchar Specter ‘‘(B) is properly licensed for the operation Chambliss Kohl Stabenow of such aircraft; and for its consideration that will allow for Cochran Kyl Stevens ‘‘(C) has certified to such nonprofit organi- the kind of meaningful and traditional Coleman Lautenberg Sununu zation that such volunteer has insurance debate fitting of the Senate. Collins Leahy Tester covering the volunteer’s operation of such Conrad Levin Thune aircraft.’’. f Corker Lieberman Vitter Cornyn Lincoln Voinovich Mr. SPECTER. Mr. President, I seek FLOOD INSURANCE REFORM AND Crapo Lugar Warner recognition to explain my vote against MODERNIZATION ACT OF 2007— DeMint Martinez Webb the motion to invoke cloture on the MOTION TO PROCEED Dodd McCaskill Whitehouse Dole McConnell Wicker Rockefeller substitute amendment No. CLOTURE MOTION Domenici Menendez Wyden 4627 to H.R. 2881, the Federal Aviation The PRESIDING OFFICER. Under NAYS—1 Administration Reauthorization Act. the previous order, pursuant to rule There are many aviation-related pro- XXII, the Chair lays before the Senate Coburn visions in the substitute amendment the pending cloture motion, which the NOT VOTING—9 which are of critical importance to clerk will report. Bayh Craig Landrieu both the Nation and my State, includ- The bill clerk read as follows: Burr Hagel McCain Clinton Inhofe Obama ing: $290 million per year to modernize CLOTURE MOTION the air traffic control system; a $15.8 We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this billion authorization of funds for the ance with the provisions of rule XXII of the vote the yeas are 90, the nays are 1. Airport Improvement Program; a re- Standing Rules of the Senate, hereby move Three-fifths of the Senators duly cho- quirement that airlines post the on- to bring to a close debate on the motion to sen and sworn having voted in the af- time performance of chronically de- proceed to Calendar No. 460, S. 2284, the Na- firmative, the motion is agreed to. layed flights on their Web sites; a $175 tional Flood Insurance Act Amendments. Mr. DODD. Mr. President, I move to million authorization of funds for Es- Harry Reid, Barbara Boxer, Patty Mur- reconsider the vote. ray, Byron L. Dorgan, Edward M. Ken- sential Air Service, EAS, to rural nedy, Christopher J. Dodd, Daniel K. Mr. SHELBY. I move to lay that mo- areas; and an extension of EAS eligi- Akaka, Benjamin L. Cardin, Patrick J. tion on the table. bility for Lancaster, PA; and safety im- Leahy, Bernard Sanders, Sherrod The motion to lay on the table was provements related to the FAA’s over- Brown, Amy Klobuchar, Ken Salazar, agreed to. sight of aircraft inspections. The legis- Sheldon Whitehouse, Max Baucus, Dan- Mr. DODD. Mr. President, I under- lation also includes nonaviation provi- iel K. Inouye. stand now there will be a period of 30 sions to restore the solvency of the The PRESIDING OFFICER. By unan- hours of debate on the motion to pro- highway trust fund, which is a matter imous consent, the mandatory quorum ceed. My understanding is—and my of critical importance, and to provide call is waived. friend and colleague from Alabama will

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3780 CONGRESSIONAL RECORD — SENATE May 6, 2008 correct me if I misspeak at all—over member of the committee, Republican actly what happened year after year this evening people are going to be dis- and Democrat. The substitute amend- after year. After severe flooding in the cussing the various amendments that ment contains the flood insurance re- 1950s, Congress established the Na- can be offered. form package exactly as was passed by tional Flood Insurance Program be- We have actually had meetings with the committee as well as a bill to es- cause there was no private flood insur- a number of our colleagues who have tablish a Commission on Natural Ca- ance and the lack of coverage resulted amendments they want to offer on this tastrophe Risk Management and Insur- in significant Federal disaster aid pay- bill. Our sincere hope is all of these ance. ments. amendments will be considered. I have This is a very important issue, I The flood program was designed to been informed, Senator SHELBY has by might point out to Members. The unan- provide insurance while requiring safer the authors of these amendments, their imous votes on these bills clearly show development so people were better pro- intention is to take whatever limited the importance of flood insurance and tected from nature’s wrath. And while amount of time they need to make the strength of the bill we are consid- we are now looking at a significant their case. ering. debt, I want to underscore the fact that So my hope tomorrow is we will be Senator SHELBY and I have joined to the flood program has historically been able to vitiate the 30 hours, get right urge our colleagues to support our ef- self-sustaining, paying claims, for the to the bill in the morning, and then forts to strengthen flood insurance for most part, through premiums. move forward on these various ideas three key reasons. The first reason is Hurricane Katrina, and the storms that are going to be offered by our col- this bill provides much needed relief to that followed, devastated the entire leagues, with the goal in mind of com- hard-working Americans who have paid gulf region and produced flooding un- pleting the work on this legislation flood insurance premiums for years and like any other storm in our lifetime. hopefully by tomorrow. through no fault of their own will face Millions of people were driven from There are a number of amendments new stiff premium increases to reduce their homes and over 1,800 people were out there, but I think as the authors of the massive debt owed by FEMA as a killed. these amendments have indicated, they result of Hurricanes Katrina, Rita, and There was no mechanism in the Fed- will not necessarily take a lot of time Wilma. eral flood program to pay for the losses for debate. This bill is fiscally responsible, No. 2, of the magnitude experienced in the Let me also take advantage, if I can, and greatly reduces the exposure of the 2005 storms, so it borrowed funds from in offering to our colleagues on this Federal taxpayer under the flood pro- the U.S. Treasury to meet those obliga- side of the aisle—we have heard from gram. No. 3, this bill creates environ- tions and ensure that families in Lou- several members. Senator LANDRIEU mentally sound flood policy which is isiana, Mississippi, Texas, Florida, and has some strong interest in this legis- needed to preserve our Nation’s most Alabama could rebuild. lation but others may as well. I have precious natural resources. We are now faced with a choice, to I want to touch on each of these asked them to come forward if they forgive the debt so that flood insurance three points because I think too often would, either this afternoon or early continues to be available to home and we get so into the details we miss the this evening, and let our staffs know business owners throughout the coun- larger picture that is involved with a try or substantially raise premiums on what these amendments are so we can piece of legislation such as this. This all policyholders, an action which go over them with them and try to set bill is complicated and it makes a would hurt the very people who are up some orderly process by which we number of significant reforms, but trying desperately to rebuild their can consider the amendments over the taken all together, it contains key lives after these hurricanes. The bill course of business tomorrow as well. policies that truly help millions of our before us makes what I believe is the I make this request of our colleagues fellow citizens. right choice. who have amendments to the Flood In- As I said, this bill is needed to pro- The second reason this bill is nec- surance Reform and Modernization vide relief for those who suffered flood essary is that it establishes fiscally re- Act: Would you please let us know as losses as a result of the 2005 hurricanes. sponsible policies to ensure that flood soon as possible what those amend- These home and business owners did insurance will continue to be available, ments are so we can consider them, or exactly what they were supposed to do. while reducing the likelihood that tax- at least set up a timeframe for you to They purchased flood insurance and payers would be on the hook for those offer them on the floor. paid premiums—some had done so for flood losses. This bill strengthens flood With that in mind, let me offer some decades—to cover their losses in the insurance so the next time a hurricane initial thoughts, if I can. First, let me event of a flood. If we lay the entire $17 hits, whether it be in Mississippi, Flor- thank the majority leader. We are here billion debt now owed by FEMA at ida, Texas, Alabama, Connecticut, or today because the majority leader has their feet, we will force many of them any other State that borders on our created some time for us to do this. out of the program. To pay the interest coasts, flood claims can be paid with- This is an interest in which all of us on the debt alone, rates would have to out relying on taxpayer funds across should have a deep concern and deep nearly double, and they would have to the country. interest; I note with obvious impor- increase many times over to make a It does this by requiring flood insur- tance my colleague from Alabama and dent in that debt. ance in additional at-risk areas, mov- others in the Gulf State areas. Skyrocketing premiums will create ing the program toward actuarial Flood insurance is a critical issue for massive disincentives to purchasing soundness and requires the program to the coastal region of the country as flood insurance at exactly the time we build up reserves to pay for losses. well as other areas. This is a vitally need to encourage participation. At These changes will help guarantee ad- important piece of legislation we are this time of increased hurricane activ- ditional premium income while main- considering, S. 2284. It is the Flood In- ity, our efforts should be focused on taining affordability for most home- surance Reform and Modernization Act getting as many people to purchase owners. of 2007. As I have indicated, it is a flood insurance as possible, so they will As I also indicated, this bill contains strong bipartisan bill that enhances be able to rebuild after a storm and not environmentally sound flood policies. the long-term viability of the National have those larger costs be spread out to These reforms, especially to the flood Flood Insurance Program, helping to people across the country. mapping program, will allow commu- provide critical insurance coverage for Discouraging the purchase of flood nities, homes, and business owners millions of homes and business owners insurance would also increase the fu- throughout the country to accurately throughout the country. ture liability of the American tax- assess their flood risk and will encour- The substitute amendment, which I payer. Those who flood will be underage responsible and environmentally will offer later, will be offered by my- insured or have no insurance at all, and friendly development decisions. self and Senator SHELBY, and contains they will turn to the Federal Govern- Communities cannot make decisions two parts, both of which passed the ment for disaster assistance. to protect fragile areas along our Committee on Banking, Housing and Prior to the inception of the National coasts and riverbeds if maps are not ac- Urban Affairs with the support of every Flood Insurance Program, that is ex- curate and risks are unknown. The

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3781 mapping provisions contained in this a blue ribbon commission that would in in the Banking Committee, which the bill ensure that flood maps will be ac- very short order examine the avail- Senate Banking Committee, by the curate, up to date, and readily availability and affordability of natural ca- way, unanimously passed last year. able. No longer should communities tastrophe insurance and make rec- The legislation places the national and homes and business owners have to ommendations posthaste to the Con- flood insurance program on a stronger rely on outdated and inaccurate infor- gress and to the administration on financial footing because it requires mation. whether, how, and to what extent addi- those living and working in areas vul- Senator REED of Rhode Island is to be tional Federal action in this area nerable to flooding to assume more of commended for his work on the map- would be appropriate. Until we have the financial risk, as it should be. The ping provisions of this bill that are that information, I honestly could not bill also addresses many other struc- critical to the flood insurance program. stand before my colleagues and give tural and fiscal weaknesses in the pro- This is a strong and needed bill which them any idea of the magnitude of the gram itself. will extend the flood insurance pro- cost of this program. We would lit- In addition, the managers’ amend- gram for 5 additional years, put it in a erally be in the dark entirely if we ment creates a commission to study financial position to be able to con- tried to expand it. That is not to sug- the current market for catastrophic in- tinue to make flood insurance avail- gest there is not legitimacy to the re- surance. The results of this commis- able to the millions of families at risk quest. But we ought to deal with it in sion should provide Congress with a throughout our Nation, while at the as thoughtful a manner as we can so we factual basis for future legislative ac- same time reducing the risk of tax- are not here again next year or the tion, if we deem it necessary. payer assistance. year after, once again forgiving debt, To fully appreciate the need for sig- I want to take a moment to let my trying to come up with another pro- nificant reform of the national flood colleagues know of the range of sup- gram to deal with the result of a mas- insurance program, we must first con- port for this bill. This is a very diverse sive infusion of taxpayers’ dollars to sider the program’s history. The flood and somewhat unique coalition of orga- deal with disasters with which people insurance program was established in nizations that has come out in support are coping. To that end the committee the Congress in 1968 to provide policy- of this piece of legislation. These orga- unanimously passed the legislation to holders with some insurance for flood- nizations, I believe, are worth men- establish this commission. related damage. The intent of the pro- tioning because of their diversity. What is clear is that millions of gram was to generate enough revenue We have the support of the following: Americans, some of whom were dev- through premium dollars to prevent The Consumer Federation of America, astated by hurricanes, have seen in- taxpayers from paying for flood-related the American Insurance Association, creased premiums and constrained losses during an average flood loss the Council for Citizens Against Gov- availability of insurance. We are all year. At the inception of this program, ernment Waste, the Competitive Enter- committed to doing everything we can Congress included explicit subsidies for prise Institute, the Defenders of Wild- to ensure that people at risk are able business properties and homes known life, the Environmental Defense Fund, to insure their homes and businesses. as preflood insurance rate map or pre- the Financial Services Roundtable, We believe this commission will pro- FIRM structures. It was determined Freedom Works, Friends of the Earth, vide the information we need to under- that it was not fair for the owners of the National Association of Mutual In- take that effort in a sensible and effec- such structures immediately to pay ac- surance Companies, the National Wild- tive way. tuarial prices because they received no life Federation, the Property Casualty I thank Senator SHELBY and his staff notice regarding the new mandatory Insurers of America, the Reinsurance who worked so closely with us on this purchase rules. Association of America, and Taxpayers bill. Senator SHELBY has been a very That said, it was also believed that for Common Sense. strong advocate of flood insurance. many, if not all, of the pre-FIRM struc- That is not normally a coalition you Under his leadership and chairmanship tures would quickly become ineligible put together around a piece of legisla- of the committee, the Banking Com- for the subsidies. For this reason, Con- tion, covering the financial services in- mittee passed a similar bill in the last gress never included a subsidy elimi- dustry as well as environmental groups Congress. I also thank Senators REED nation mechanism. This oversight has and consumer groups as well. of Rhode Island, BUNNING, and CARPER had significant financial consequences I commend all of them for working for their work on the legislation, par- for the current flood insurance pro- with us, going through the long process ticularly on the flood insurance por- gram. of developing this bill in the way we tion. The status quo on flood insurance More than 40 years later, a large figure comprehensively deals with this is not an option. Families in every number of these properties still receive issue. I realize these groups are not State rely on flood insurance to rebuild explicit subsidies. Many of these prop- normally united in the support of a sin- when they are flooded out. The na- erties have made the greatest claims gle piece of legislation, but they have tional flood insurance program must be on the program after suffering repet- all come out in favor of a reasonable, reformed and strengthened. I urge my itive losses. In fact, the Congressional balanced approach that we have taken colleagues to support this legislation Budget Office has valued the explicit to the flood insurance program. so that our constituents can continue subsidy for grandfathered homes at $1.3 As I said earlier, the substitute to rely on a strong and stable national billion per year. There are other key amendment we will be offering also es- flood insurance program. factors beyond the poorly designed fi- tablishes a Commission on Natural Ca- I urge colleagues who have amend- nancial structure of the program that tastrophe Risk Management and Insur- ments and ideas to offer to this legisla- need to be addressed. For example, the ance. There has been a good deal of dis- tion to please let us know of these size of the program has expanded expo- cussion about adding wind and other ideas immediately so we can consider nentially since its inception. In 1978, 10 risks to the flood insurance program. them and put them in a proper order years after the program started, the These are arguments hard to answer for consideration when we resume con- program had 1.4 million policyholders because there is a very strong and le- sideration of the legislation tomorrow. and $50 billion in risk exposure. Today gitimate claim to be made. I yield the floor. there are more than 5 million policy- However, it was the judgment of the The PRESIDING OFFICER. The Sen- holders and over $1 trillion in risk ex- Banking Committee that while these ator from Alabama. posure. ideas have merit—and I strongly indi- Mr. SHELBY. Mr. President, I rise in Finally, the maps used to determine cate and support that—they deserve support of the managers’ amendment. the rates for the program are largely further study so we can understand the It is a bill that combines the Flood In- out of date just about everywhere. An- implications of what a major shift surance Reform Act of 2008 with the tiquated maps do not represent accu- would be in this program and how the Catastrophic Commission Act of 2008 rately the risk that covered structures natural catastrophes are insured. that Senator DODD has just outlined. face. To that end, the committee unani- Senator DODD and I worked very close- Without up-to-date maps and, hence, mously passed legislation to establish ly to develop this important legislation an accurate risk assessment, price is

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3782 CONGRESSIONAL RECORD — SENATE May 6, 2008 simply reduced to guesswork. Often of the mortgage. The civil monetary add a multiple peril insurance provi- these guesses have been too low, and penalties that regulators may levy sion to create a new option in the Na- the taxpayers have been forced to against lenders for failure to comply tional Flood Insurance Program of of- make up the difference, oftentimes to are also increased. The bill creates a fering coverage of both wind and flood very wealthy people. This program cur- mandatory reserve fund to cover the risk in one policy. rently generates $3 billion in pre- cost of unusual events. This provision The proposal would require premiums miums, spends roughly $1 billion on ad- is intended to limit future reliance on for this new coverage to be risk-based ministration, and has a liability expo- the American taxpayer. The bill re- and actuarially sound, so that the pro- sure of more than $1 trillion. Let me quires a rulemaking to ensure that the gram would be required to pay for repeat that. The program has a liabil- ‘‘write your own’’ carriers are being re- itself. Indeed, the Congressional Budg- ity exposure of more than $1 trillion. In imbursed solely for their expenses. et Office has estimated that the mul- fact, the financial deficiencies of the Finally, the legislation creates a tiple peril program: program are so great that the Govern- commission that Senator DODD out- . . . would increase premium receipts and ment Accountability Office placed it lined earlier to study the effects of nat- additional claims payments by about the on a list of high-risk programs because ural disasters on our insurance system. same amount—resulting in no significant net it does not generate enough money to The commission must report its find- budgetary impact. cover its liabilities. ings within 9 months. By covering wind and flood risk in Furthermore, Robert Hunter, who is Some have suggested that we should one policy, the multiple peril option recognized as one of the key individ- add wind insurance coverage to the al- would allow coastal homeowners to uals in getting the program started, ready bankrupt Federal flood insurance buy insurance and know that hurricane has stated: program. I remind my colleagues of damage would be covered regardless of The integrity of the program [must be] re- certain facts: The Insurance Informa- whether that damage is caused by wind stored . . . [or] consideration must be given tion Institute estimates that by adding or water. to ending this . . . hopelessly administered wind as a covered peril, the program It has been just over 21⁄2 years since program. will take on an additional $14 to $19 Hurricane Katrina hit the gulf coast Mr. Hunter was with the Consumer trillion worth of risk exposure. In addi- with its 30-foot storm surge and winds Federation of America for many years. tion, a Towers-Perrin report indicates over 125 miles an hour. Katrina was the Mr. Hunter’s prescription for restoring that adding wind coverage to the flood most devastating natural disaster ever the program’s integrity is requiring program could lead to an additional an- to hit North America. greater mitigation efforts and moving nual program deficit as high as $1 bil- The people of Mississippi and Lou- toward actuarial soundness. This is lion. isiana have made great progress in re- what we have attempted to do today. Both of these studies point out ex- building the communities along the I recognize that reforming the flood actly why we should have a complete gulf coast. Everyone knows the Federal insurance program presents the Con- understanding of all of the facts before Government’s response was not perfect, gress with difficult choices. We could we even contemplate expanding the but the Government and this Congress end the program, we could dramati- Federal Government’s role as an insur- have done a lot to help to rebuild com- cally increase fees on program bene- ance provider. munities, homes, businesses, and lives ficiaries, or we could do nothing. Each Before I conclude, I will take a mo- along the gulf coast. of those choices would be unacceptable. ment to recognize Senator BUNNING for As much as the Government and this That is why Senator DODD and I have all of his efforts to reform this program Congress have done, there is still more crafted a bill that addresses what we for the past several years. As Senator work to be done. There are still too believe are the most significant finan- DODD did, I also recognize Senator many destroyed homes left cial weaknesses of the program with- JACK REED of Rhode Island and his uninhabited, too many slabs of con- out dismantling its core features. We staff for their efforts to create accurate crete that represent all that is left of struck a realistic balance between the and up-to-date flood maps which are es- what used to be homes and businesses. needs of the program’s beneficiaries sential for this program in the future. A major contributing factor to this and the taxpayers on the hook for the Lastly, I thank my colleague, Senator problem is the cost and availability of program’s shortfalls. DODD, chairman of the committee, and insurance. Since the day I became a The legislation before us strengthens his staff for their efforts in crafting Member of this body, the cost of insur- the program by immediately elimi- this bipartisan legislation. ance has become an issue I continually nating subsidies on vacation homes, I repeat something I said earlier: Re- hear about. As I stated in my maiden businesses, and severe repetitive-loss form of the program involves tough speech, if you can’t insure it, you can’t properties. It then paves the way for choices. We must make these tough build it or finance it. It is that simple. eliminating all subsidies in the future. choices, however, if this program is The problem is harming the efforts of It proceeds in such a way, however, going to survive. For the good of the small businesses to rebuild and grow that recognizes immediate elimination program beneficiaries and the tax- and succeed, and it is driving rental of all subsidies is not prudent because payer, I urge my colleagues to support rates beyond affordability. It is in- flood maps will not be updated for this legislation. creasing the cost of home ownership some time. I yield the floor and suggest the ab- and, in many cases, making it impos- To address the mapping deficiencies, sence of a quorum. sible for people who lost their homes to the bill creates stringent standards The PRESIDING OFFICER. The Katrina to rebuild. that the program must use to complete clerk will call the roll. Congress needs to act to find a work- the map modernization process. Once The legislative clerk proceeded to able solution to this problem, and the we have the most accurate and up-to- call the roll. National Flood Insurance Program re- date flood mapping possible, home- Mr. WICKER. Madam President, I authorization gives us an opportunity owners will better understand and ask unanimous consent that the order to do so. I say this not only for the mitigate their risks. for the quorum call be rescinded. good of the people of Mississippi and The program will also transition to The PRESIDING OFFICER (Mrs. Louisiana but also for every single more accurate pricing. In addition to MCCASKILL). Without objection, it is so American taxpayer and for every per- eliminating subsidies, the bill requires ordered. son who lives along the American State-chartered lending institutions to Mr. WICKER. Madam President, this coastline. maintain flood insurance coverage for week the Senate will consider the reau- This is not just an issue for the gulf all mortgages located within the 100- thorization of the National Flood In- coast. From Bar Harbor, ME, to year flood plain. It increases enforce- surance Program. Today, I have filed Brownsville, TX, millions of Americans ment tools available to bank regu- an amendment to this reauthorization live on a coastline in the path of future lators at both the Federal and State legislation which is of critical need, hurricanes. As the Biloxi Sun Herald levels by requiring escrow of flood in- not only to the gulf coast but to the noted this week in an editorial in sup- surance premiums throughout the life entire country. My amendment would port of my amendment:

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3783 More than half of the Nation’s population I hope my colleagues from the fol- surance Program, we have been pro- lives within 50 miles of a coastline, and 50 lowing States, in addition to Mis- vided an opportunity to take action to miles is well within harm’s way when a sissippi and Louisiana and Massachu- begin to correct this inequality. I be- major storm makes landfall. setts, will pay attention to this debate. lieve my multiple peril amendment is a We have not always had a national States such as New York, Maryland, good start. flood insurance program. In 1968, Con- Virginia, South Carolina, Florida, Ala- I realize there are several philoso- gress was forced to act to address the bama, and Texas have all experienced phies about solving the coastal insur- problems associated with flooding from the same problem. In North Carolina, ance crisis, and I am not wedded to any hurricanes. Now the same problem that for example, the State insurance plan single approach. I would simply point led to the National Flood Insurance known as the ‘‘BEACH Plan’’ saw its li- out that this amendment has already Program is happening with wind. As it ability increase over 260 percent in just been adopted by the House of Rep- did in the past, Congress needs to act 4 years. I assure you, I would prefer resentatives in an amendment offered to address the problem. The National that the private market write these by my friend and former colleague, Flood Insurance Program was created policies, but this simply is not hap- Representative Gene Taylor of Mis- because insurance companies quit of- pening. Every day, more and more li- sissippi. What I am committed to is fering coverage for flood damage ability is being thrust upon the shoul- providing my constituents relief before caused by hurricanes. With competing ders of the States. the next hurricane hits. I do not be- wind and flood policies, the same has To help address this problem, the lieve Congress should take over the en- happened to wind insurance in these best solution available is to allow tire private market of all insurance. I same areas. homeowners to purchase wind and believe in free market principles, and I Wind versus water—that is the debate which still occurs today in court- flood insurance coverage in the same believe Congress should look seriously rooms on the Mississippi gulf coast be- policy. This would spread the risk out- at the State-by-State rate regulatory tween insurance companies and storm side of defined State borders and would structure that forces insurers to set victims. It is a debate that neces- ensure available, affordable, and total their rates on the basis of geographical sitated the multibillion-dollar supple- insurance for coastal homeowners. boundaries within individual States in mental appropriations package this That is exactly what my multiple peril which they are admitted to do busi- body approved after Katrina. Unless insurance amendment does. ness. I believe Congress should consider Congress changes the law, the wind Multiple peril insurance will allow other thoughtful proposals such as the versus water debate will result in a property owners to buy both wind and one being advanced by the St. Paul multibillion-dollar supplemental ap- flood coverage from the National Flood Travelers Insurance Company, which propriations package after the next big Insurance Program. Residential cov- would allow limited rate regulation re- hurricane wherever in the United erage would be $500,000 for structures lief for the purpose of creation of a States it may land. This is driving and $150,000 for contents and the loss of coastal band. This is simply one of a more and more homeowners and busi- use. For nonresidential, it would be $1 number of good ideas that deserve con- ness owners into a State-sponsored million for structures and $750,000 for sideration. But the status quo does not wind pool, which is required to provide contents and business interruption. work, and that is what we have an op- coverage. But this is not a reasonable Under this amendment, property portunity to correct this week. long-term solution because too much owners would be able to buy insurance Some of my colleagues will argue risk is being placed in too small of a and know in advance that hurricane against my amendment for a number of pool. What was initially conceived to damage would be covered without dis- what they see as problems. Very sel- be the last resort has now become the putes over the cause of damage. No dom is legislation error-free or exactly only resort for many Mississippians longer would home and business owners correct at the outset, and my amend- living along the gulf coast. The reality have to go to court to try to prove it ment is no different. We should not, is that State wind pools, especially in was either wind or it was water that however, let the perfect be the enemy my home State of Mississippi, are un- destroyed their property. of the good. able to spread the risk to balance the The premiums for this new single I ask my colleagues to remember all claims. coverage would be risk-based and actu- of the places along the coast of North As the Government Accountability arially sound, according to the terms America and perhaps invite them again Office has pointed out, these competing of my legislation. The CBO has agreed to visit Hancock County, in my State wind and flood policies provide a con- that the program will, over the long of Mississippi, ground zero, where flict of interest in determining who is run, pay for itself. Katrina made landfall, and see for responsible to pay these claims. The Windstorm insurance would be avail- themselves why action is needed now flood insurance companies say it was able under my amendment only where and why we should not miss this oppor- wind. The wind insurance companies local governments adopt and enforce tunity on the reauthorization of the say just the opposite. Because of this, the international building code or National Flood Insurance Program. my constituents on the gulf coast are equivalent building standards. This This amendment is badly needed. At paying thousands of dollars to the Federal multiple peril program will the appropriate time during consider- State wind pool. That doesn’t count spread risk geographically to form a ation of amendments, I will urge my flood insurance or homeowners insur- stable insurance pool, compared to colleagues to adopt the amendment. ance on top of that. State pools that cover only a small Madam President, I yield the floor. The picture I am painting here is area. Mr. COCHRAN. Madam President, I quite clear: The unaffordability of in- Again, I state this issue doesn’t just am pleased to support the amendment surance is driving people from their impact the gulf coast. It impacts most offered by my colleague from Mis- homes. directly the 55 percent of our country’s sissippi. The amendment of Senator Some of my colleagues may point out population that lives within 50 miles of WICKER will benefit not only constitu- that every homeowner can purchase a hurricane-prone coastline. ents in Mississippi but anyone who wind insurance. I would argue that, as Beyond that, however, this is a good- lives in the path of future hurricanes. a practical matter, they cannot. As I government issue that affects every Two-and-a-half years ago, the most mentioned before, this is not just a single taxpayer. Multiple peril cov- devastating natural disaster in the his- Mississippi problem, nor is it just a erage would also protect the taxpayers tory of our country, Hurricane Katrina, gulf coast problem. For instance, in by saving them from having to pay for made landfall on the Mississippi, Lou- Massachusetts, since 2003, 10 insurance another giant emergency relief pack- isiana, and Alabama coasts. The devas- companies have dropped homeowner age the next time a hurricane hits. It is tation that was caused was indescrib- coverage in the Cape Cod coastal area. not a question of if but when it hap- able. This affects approximately 44,000 home- pens and, I might add, where it happens The people of our State have made owners in Massachusetts. The Massa- again. significant and impressive progress to- chusetts State insurance backstop is With the legislation before us, the reward recovery since that fateful day, now insuring 44 percent of the market. authorization of the National Flood In- August 29, 2005, but there is still much

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3784 CONGRESSIONAL RECORD — SENATE May 6, 2008 work to be done. There are far too As the 2008 hurricane season ap- proceed so we can start offering amend- many vacant lots and empty slabs that proaches, I believe we should not miss ments. It passes 90 to 1. We have been remain around our gulf coast for our this opportunity to address this grow- waiting since 3 o’clock today to start recovery to be considered complete. ing problem. The Wicker amendment legislating. People are waiting to offer Mississippians are appreciative of the provides us with the best opportunity amendments. I can’t imagine how the assistance the Federal Government has to make certain affordable wind insur- Republicans can sleep at night, stop- provided to aid in their recovery from ance is available for those living near ping this country from legislating on Hurricane Katrina. However, a signifi- our coastlines. most important issues. They act as if it cant additional opportunity to assist I yield the floor, and I suggest the ab- is not important. So in the morning I that recovery will have been lost if the sence of a quorum. am going to come here, and we are issue of affordable wind insurance is The PRESIDING OFFICER (Mr. going to ask consent if we can start not addressed. SALAZAR.) The clerk will call the roll. legislating on this bill, or do we have One of the most significant impedi- The bill clerk proceeded to call the to wait until 9 o’clock tomorrow night ments to the recovery of the Mis- roll. until the 30 hours runs out before we sissippi gulf coast is the availability of Mr. CASEY. Mr. President, I ask can start legislating on flood insur- affordable homeowners insurance. unanimous consent that the order for ance. We are going to finish flood in- There are many coastal residents who the quorum call be rescinded. surance this week. If we have to work simply cannot afford to insure their The PRESIDING OFFICER. Without Thursday night, Friday, Saturday, and homes, and homes cannot be rebuilt objection, it is so ordered. Sunday, we are going to finish this bill. until they have secured insurance. (The remarks of Mr. CASEY per- People will have an opportunity to One of the most expensive compo- taining to the introduction of S. 2980 nents of these homeowners insurance offer amendments. Maybe they can’t are printed in today’s RECORD under premiums is coverage for damage start offering amendments until 9 ‘‘Statements on Introduced Bills and caused by wind. o’clock tomorrow night, but if that is Most coastal Mississippians are cur- Joint Resolutions.’’) the case, then we are going to start rently being forced to buy their wind Mr. CASEY. I yield the floor and sug- working at 9 o’clock tomorrow night so coverage from the State-run wind pool. gest the absence of a quorum. people can offer their amendments, be- This wind pool is necessary because the The PRESIDING OFFICER. The cause tomorrow is Wednesday. We private insurance industry has largely clerk will call the roll. wasted all day today not being able to discontinued selling wind policies in The bill clerk proceeded to call the offer amendments. I am told there are these coastal communities. roll. only a couple amendments people want So a program that was designed as an Mr. REID. I ask unanimous consent to offer—three or four. It is an issue of insurer of last resort has become the that the order for the quorum call be whether this legislation should include only available option. Those who are rescinded. also wind. That is an issue we can de- able to buy coverage from this State The PRESIDING OFFICER (Mr. bate and vote on. But we are going to wind pool have found their premiums MENENDEZ). Without objection, it is so make a decision sometime tomorrow as increased dramatically over the last 2 ordered. to when we file cloture, whether we do years. Mr. REID. Mr. President, I have been it Thursday and have a Saturday clo- Unfortunately, this is a shortsighted very patient today. I so wanted to ture vote, do it tomorrow and have a solution. There is simply too much come to the floor, after the FAA bill Friday cloture vote. We are going to risk, in too small of a pool, con- was destroyed, wiped out by the Repub- finish this bill this week. centrated into a small geographic area. licans not letting us go to that legisla- We have so much to do. We have the This is not a problem that is unique to tion, one of the most important pieces farm conference coming. We have the Mississippi. Most State wind pools face of legislation we could deal with. The consumer product safety conference the same problem of not being able to reason I had to calm myself down, I lis- coming. We have to do the budget. We spread the risk wide enough to avoid tened to a number of Republican Sen- have the supplemental appropriations an overwhelming loss in the event of a ators say: Well, if we could have offered bill and a number of other measures we significant hurricane. amendments. I did everything I could have to do. I wish to be clear. This is not only an to allow people to offer amendments: I hope we can start moving to allow amendment for those who were im- Agree to a list of amendments; could people to offer amendments. It seems pacted by Hurricane Katrina. This we see your amendment; we will take not a very good legislative process dic- amendment would benefit millions of down the tree; we will do anything you tated by the minority, the Repub- Americans who live on our vast coast- want; offer amendments. licans, when you pass something 90 to lines and face the potential of a future Finally, I spoke to one of the Repub- 1, and they still hold it up. catastrophic hurricane. lican leaders. I said: It is obvious the f This amendment would allow home- only reason you are not supporting this owners to buy insurance and know in is because of the New York money, the MORNING BUSINESS advance of the storm that they will be final installment of the $20 billion Mr. REID. Mr. President, I ask unan- covered without a prolonged dispute promised the city of New York, the imous consent that the Senate now over whether the damage was caused State of New York, by the President of proceed to a period of morning busi- by wind or water. the United States, George Bush. I said: This wind coverage will be available ness, with Senators allowed to speak only where local governments enforce It is in the President’s budget. therein for up to 10 minutes each. strict building standards to minimize One of the Republican leaders said: The PRESIDING OFFICER. Without future loss. The premiums for this cov- We still oppose it. objection, it is so ordered. erage would be actuarially sound and Then, if that were not enough, we f now come to an important piece of leg- would not expose the Federal Govern- HONORING OUR ARMED FORCES ment to undue financial risk. islation, flood insurance. This is a re- A great deal of thought has gone into sult of what happened in Katrina and FIRST LIEUTENANT MATTHEW R. VANDERGRIFT my recommendation of this amend- the other devastating floods we have Mr. SALAZAR. Mr. President, I rise ment. I urge a vote in support of the had in this country in recent years. In- today to honor the service and sacrifice amendment. If private insurers or the surance companies have gone broke. of Marine 1Lt Matthew Vandergrift, of State-run wind pools could adequately Individual companies have gone broke. Littleton, CO. Lieutenant Vandergrift address this problem, then I would not Individual homeowners have suffered was assigned to 2nd Battalion, 10th Ma- as vigorously advocate the Federal significantly. So after months of work- rine Regiment, 2nd Marine Division, II Government expanding its role in the ing on this piece of legislation on a bi- Marine Expeditionary Force, out of business of insurance. partisan basis—Senators DODD and Camp Lajeune, NC. He was recently But Senator WICKER’s amendment SHELBY are the ones who worked to get killed in Basra, Iraq, by a bomb that provides the best available solution for the bill here—we bring the bill to the exploded near his humvee. He was 28 this very serious problem. floor. We file cloture on a motion to years old.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3785 Those who knew Matthew Lieutenant Matthew Vandergrift’s and planting their crops. Many of them Vandergrift describe him as a true pa- stature in life is matched only by the rely on the H–2A program to find sea- triot, committed to his country, his depth of his sacrifice—and the void he sonal and temporary skilled workers to family, his friends, and to helping leaves behind. To Matthew’s family, I assist them in their time-honored those around him. He was full of en- know no words that can ease the pain work. ergy and laughter, and was always of losing a son or a brother. I hope that This program is vital to Wyoming’s looking for the next adventure. in time you will find consolation in the agricultural industry. That is why I Matthew grew up in Austin, TX, and pride you must feel for Matthew’s serv- joined my friend Senator ENZI in ask- attended Texas A&M University, where ice and for the joy he brought to all ing the Department of Labor to extend he graduated with honors in 2005. He who knew him. He was a patriot and a the public comment period on its pro- was a member of the Corps of Cadets hero. His country will always honor his posed rule changes to the program. and Naval ROTC at Texas A&M, ma- sacrifice. Many Wyoming employers have not jored in international business, and f had a 4.0 grade point average. had an opportunity to fully review the When he became a marine in 2005, CELEBRATING NATIONAL proposed changes. I recognize that im- Matthew joined a proud family tradi- SALVATION ARMY WEEK provement in the program is needed. tion of military service. His father was Mr. LUGAR. Mr. President, I wish to We must improve its efficiency for a major in the Marine Corps, his share my enthusiasm for a celebration both workers and employers. younger brother Barrett is an Air that is soon to take place across Amer- Recently, there was a very thought- Force helicopter pilot, and his great ica, National Salvation Army Week. ful editorial which was printed in the uncle was GEN Alexander Vandergrift, The Salvation Army has been serving Wyoming Livestock Roundup on April a World War II Medal of Honor recipi- and enriching American communities 12. ent and the 18th Commandant of the for over 125 years. Since 1954, when The editorial was written by Bryce U.S. Marine Corps. President Eisenhower declared the first Reece. Bryce is the executive vice- When he was killed, Lieutenant National Salvation Army Week, local president of the Wyoming Woolgrowers Vandergrift was in the middle of a units and State divisions have used Association and I believe he does a ter- year-long deployment that began last this time to celebrate the charitable rific job of summing up the feelings of August. Tasked with helping train work they have accomplished and call all Wyoming farmers and ranchers. Iraqi security forces, his team of four attention to forthcoming projects. It is I recommend it to my colleagues and marines lived and patrolled together a time of heightened activism for the ask that it be printed in the RECORD. with 50 Iraqis. They were performing organization and its members. But this There being no objection, the mate- sweeps in Basra in an attempt to calm week is also an opportunity, a chance rial was ordered to be printed in the violence, root out pockets of insur- for us to thank the corps’ members for RECORD, as follows: gents, and stand up an Iraqi unit that the wonderful gifts of servanthood and COMMENT QUICKLY ON IMMIGRATION REFORM could take charge of the security re- volunteerism they have shown. sponsibilities in the area. It was a dan- I recognize the many lives the Salva- (By Bryce Reece) gerous mission in one of the most dan- tion Army has touched through its im- Apparently frustrated with Congress and gerous places in Iraq. But it was also a portant work, and I am deeply thank- its lack of action regarding our immigration vital mission, and one that demanded ful for the men and women who offer laws, the Bush administration has decided to the smarts, courage, and character for their time and energy in realization of reform some aspects of our system adminis- which Lieutenant Vandegrift was its cause. tratively. known. Furthermore, I am especially pleased On Feb. 13 the Department of Labor (DOL) Each of our men and women in uni- to note that several Indiana commu- issued a 47-page proposal to amend regulations regarding nonimmigrant workers em- form is a patriot—they stand up at the nities will be host to their own festivi- call of their country and assume the ployed in temporary or seasonal agricultural ties in honor of this occasion. jobs. Contractual enforcement of non- task of service. But Matthew In Chesterton, IN, a public concert immigrant workers and employer respon- Vandergrift was also a patriot in a will be held on Saturday, May 17, with sibilities are also addressed. These proposed broader sense. Frances Wright, one of a performance by the Chicago Brass changes would supposedly ‘‘re-engineer’’ the America’s most famous lecturers, re- Band. In Bloomington, interested par- process by which employers may obtain tem- minds us that patriotism is not simply ties will be able to partake in ‘‘Donut porary labor certification from the DOL for one’s love and dedication to country. Day’’ on May 13 and a family Block use in petitioning the Department of Home- Patriotism, she observes, is a virtue Party on May 15. Columbus, IN, will fly land Security (DHS) to employ a non- that characterizes an individual’s com- the Salvation Army flag over its city immigrant worker in H–2A (agricultural temporary worker) status. mitment to the public good, to the hall for the entire week. Indianapolis preference of the interests of the many Workers from outside the U.S. are not only will witness a ‘‘Ramp to Camp’’ fund- vital to Wyoming and the nation’s sheep in- to the interests of the few, and to the raiser organized to send at-risk youth dustry, but are becoming increasingly impor- love of liberty. ‘‘A patriot,’’ she told an to summer camps. Fort Wayne-based tant to all of Wyoming’s livestock industry. Indiana crowd on July 4, 1828, ‘‘is a use- Salvation Army volunteers will hold a As importantly, they are vital to all of U.S. ful member of society, capable of en- Thank-a-Thon. New Albany, IN, will be agriculture. As the DOL noted in its pro- larging all minds and bettering all the site of several open house events. posal, ‘‘Data from the National Agricultural hearts with which he comes in contact; The list continues; these are just a few Worker Survey (NAWS) . . . shows that in a useful member of the human family, of the many noteworthy events that I 2006, 19 percent of all agricultural workers were first-time U.S. farm workers.’’ Among capable of establishing fundamental am confident will be a time of joy and principles and of merging his own in- the new workers, 85 percent were foreign- fellowship for participants. born and 15 percent were U.S. citizens. A new terests, those of his associates, and I hope you will join me in extending worker is defined as anyone with less than a those of his nation in the interests of best wishes and fine weather upon all year’s experience. the human race.’’ those involved in this year’s National Legally bringing in workers from outside We cannot count the hearts that Salvation Army Week, May 11 to 17. of the United States is a laborious, tedious, Lieutenant Vandergrift touched nor f time-consuming and expensive proposition. the lives he bettered—that knowledge This statement has become increasingly true rests in the memories of those who AGRICULTURAL TEMPORARY since 9/11. Increased and heightened security knew him and served with him—but we WORKERS has made the process a bureaucratic and ad- may hope to emulate his model of pa- Mr. BARRASSO. Mr. President, ministrative maze, one that many employers triotism. It is no easy task. It is rare every spring season brings many de- are on the verge of abandoning. Faced with the increased difficulty of compliance, that a man puts himself on the line for mands on the time of farmers and smothering and draining regulations and a his country and for those with whom ranchers in my home State of Wyo- seemingly endless parade of federal bureau- he served with such courage, with such ming. crats throwing up roadblocks, it’s hard for heart, and with such a smile, as Mat- They are busy tending to their live- people in the countryside trying to run a thew. stock, newly born calves and lambs, business and do things right.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3786 CONGRESSIONAL RECORD — SENATE May 6, 2008 A lack of U.S. workers interested in or Institute a new auditing process to verify I hope you visit my Asian Pacific seeking employment in agriculture has com- that employers have, in fact, met their re- American Heritage Month web feature pounded the problem. While those in agri- sponsibilities under the H2–A program. to learn more about how the APIA culture have seemed to be ‘‘crying in the wil- Alter the current H2–A housing inspection community has shaped our Nation’s derness’’ about this worker shortage, some procedures. have been listening. Senator Diane Feinstein The devil is always in the details, however, history. I hope that you will find this (D–Calif.) recently highlighted the unique and we have identified several areas within information useful and that you will labor needs of agriculture and the impor- the proposed changes where more harm than celebrate the rich diversity that is tance of foreign labor in a September 2006 good could occur. Several agricultural America’s greatest strength. floor statement: ‘‘We have one million peo- groups have joined forces to analyze and pre- f ple who usually work in agriculture. I must pare comments on these proposed changes. tell you they are dominantly undocumented. The WWGA is asking all agriculture sup- ADDITIONAL STATEMENTS Senator Craig pointed out the reason they porters and particularly employers who cur- are undocumented is because American rently, or may in the future, utilize the H–2A workers will not do the jobs. When I started program, to comment. Comments can be sub- CELEBRATING SAN FRANCISCO this I did not believe it, so we called all the mitted electronically, which is the quickest GIANTS BASEBALL welfare departments of the major agri- and least expensive method. ∑ Mrs. BOXER. Mr. President, I take culture counties in California and asked— For those wishing to secure a copy of the this opportunity to recognize the 50th can you provide agricultural workers? Not proposed changes, they can be found at anniversary of the San Francisco Gi- one worker came from the people who were http://www.regulations.gov/fdmspublic/com- on welfare who were willing to do this kind ponent/main?main=DocketDetail&d=ETA- ants in San Francisco, CA. of work.’’ 2008-0001 (click on one of the icons in the After relocating from New York to The program, which is most commonly first row under ‘‘views’’). San Francisco, San Francisco Giants used in Wyoming for bringing in foreign With comments due on a very short pitcher Ruben Gomez threw the his- workers, is called the ‘‘H–2A Program.’’ The timeline, April 14, we have posted helpful in- toric first pitch from the mound at H–2A worker visa program provides a means formation including sample comments on Seals Stadium in San Francisco on for U.S. agricultural employers to hire for- our website at www.wyowool.org. Diane Car- April 15, 1958 and 23,448 enthusiastic eign workers on a temporary basis. They fill penter in our office and I would also be glad fans watched the Giants defeat the a labor niche that cannot be met in the U.S. to answer questions from those submitting Brooklyn Dodgers 8–0 on that special comments on this tremendously important The H–2A program is vital to the western day 50 years ago. San Francisco was sheep industry; and, it is the H–2A program effort. now home to a part of our national pas- that has become a nightmare for agricul- f tural producers looking to bring foreign time. workers to the U.S. legally. It is the H–2A ASIAN PACIFIC AMERICAN After two seasons at Seals Stadium, program that the DOL is proposing to mod- HERITAGE MONTH the Giants moved to Candlestick Park ify and ‘‘fix.’’ in 1960. Home to the Giants for 40 sea- Mrs. BOXER. Mr. President, please Senator Larry Craig (R–Idaho) summarized sons, Candlestick Park is located on join me as we celebrate Asian Pacific the problem this way: ‘‘[T]his economic sec- the San Francisco Bay and carried the tor, more than any other, has become de- American Heritage Month this May. reputation for being one of the coldest, pendent for its existence on the labor of im- Asian Pacific American Heritage windiest, and foggiest ball parks in all migrants who are here without legal docu- Month was originally established as the country. Despite these less than fa- mentation. The only program currently in Asian Pacific American Heritage Week place to respond to a lack of legal domestic vorable playing conditions, Candle- in 1977 by a congressional resolution. stick Park stood strong on one of the agricultural workers, the H–2A guest worker In 1992, Congress expanded the week program, is profoundly broken. Outside of H– most frightening days in San Francisco 2A, farm employers have no effective, reli- into a month to recognize the count- history: October 17, 1989. Candlestick able assurance that their employees are less contributions that Asian Pacific Park was packed with 62,000 fans before legal. We all want and need a stable, predict- Islander Americans have made to our Game 3 of the 1989 Bay Bridge Series able, legal workforce in American agri- country. between the San Francisco Giants and culture. Willing American workers deserve a The month of May is significant to the Oakland Athletics, when the 7.1 system that puts them first in line for avail- the Asian and Pacific Islander Amer- Loma Prieta earthquake struck. able jobs with fair market wages. All work- ican, APIA, community because it co- Thankfully, Candlestick Park with- ers should receive decent treatment and pro- incides with two important milestones tection of fundamental legal rights. Con- stood the trembler and no one in at- sumers deserve a safe, stable, domestic food in APIA history: the arrival of the first tendance was injured. supply. American citizens and taxpayers de- Japanese immigrants to the U.S., in In 2000, the Giants left Candlestick serve secure borders and a government that May of 1843, and the contributions of Park and relocated to the brand new works. Last year, we saw millions of dollars’ Chinese workers toward building the Pacific Bell Park in downtown San worth of produce rot in the fields for lack of transcontinental railroad, which was Francisco. Now known as AT&T Park, workers. We are beginning to hear talk of completed in May of 1869. the classically designed ballpark offers farms moving out of the country, moving to The APIA community is one of the picturesque views of the city and bay. the foreign workforce. All Americans face fastest growing populations in the the danger of losing more and more of our Today, the home of the San Francisco safe, domestic food supply to imports. Time United States. With nearly 15 million Giants is widely regarded as one of is running out for American agriculture, residents and growing, APIAs con- America’s most beautiful stadiums. farm workers, and consumers. What was a tribute greatly to every aspect of life In their first 50 years in San Fran- problem years ago is a crisis today and will in America, just as they have through- cisco, the Giants have been a model of be a catastrophe if we do not act imme- out our history. excellence on the field. In addition to diately.’’ This year’s Asian Pacific American capturing three National League pen- In the proposal out for comment, DOL Heritage Month theme is ‘‘Leadership, nants, several members of the National claims its purpose in re-engineering the H– Diversity, Harmony—Gateway to Suc- Baseball Hall of Fame have donned the 2A program and the resulting outcomes will cess.’’ As the Senator from California, be: trademark orange and black colors of Simplify the process by which employers which has 5 million APIA residents, I the Giants: Willie Mays, Juan obtain a labor certification. am working hard to address the many Marichal, Orlando Cepeda, Gaylord Increase employer accountability to fur- issues of importance to the APIA com- Perry and Willie McCovey. The San ther protect against violations of program munity, such as human rights, immi- Francisco Giants have been a great and worker standards. gration reform, education, and health source of entertainment and pride to Efficiencies in program administration care. their legion of loyal fans over the past that will significantly encourage increased As the chair of the Senate Foreign half century. program participation, resulting in an in- Relations Subcommittee on East Asian In addition to their achievements on creased legal farm worker labor. and Pacific Affairs, I have been work- the field, the San Francisco Giants U.S. workers will be better protected from adverse effects when they are competing ing on issues such as peace and sta- baseball club is also committed to with workers who are legally present in the bility in East Asia and the Pacific, serving their community through a va- U.S. and who are subject to all of the re- human rights issues, environmental riety of community service programs. quirements of the H2–A program. protection, and the economy. From the Giants Community Fund,

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3787 which supports summer baseball Inspired by his sense of urgency to Rebecca, and the many members of the leagues for low-income children protect young children, Detective Gar- Goodspeed community in extending my throughout northern California, to the land worked late nights and weekends, most sincere congratulations to Mr. ‘‘Read to Win’’ program which encour- often without compensation, sifting Price for all of his achievements. I ages children to keep reading through- through voluminous computer data. know I speak for many across Con- out the summer months, the San Fran- Today, we honor him for his exhaus- necticut and around the world who cisco Giants baseball club is actively tive work to help identify 10 suspects have been touched by Mr. Price’s work assisting baseball fans and their fami- and to coordinate their arrests with when I say that I look forward to many lies throughout northern California. local law enforcement agencies. His more years of his continued presence I congratulate the San Francisco Gi- great efforts ultimately lead to the and vision at Goodspeed Musicals.∑ ants on their many accomplishments prosecutions of these culprits in Fed- f over the past 50 years in San Fran- eral court. cisco. I send my best wishes for their Detective Garland’s concern for the COLUMBIA PACIFIC BUILDING AND next 50 years.∑ children in our community and his CONSTRUCTION TRADES COUNCIL f willingness to go above and beyond the ∑ Mr. SMITH. Mr. President, today I wish to congratulate the Columbia Pa- IN HONOR OF DOVER AIR FORCE call of duty has garnered our great re- cific Building and Construction Trades BASE spect and admiration. I salute Detective Garland as a hero Council on their 100th anniversary. The ∑ Mr. CARPER. Mr. President, today I for keeping our children safe, and I Columbia Pacific Building and Con- congratulate Dover Air Force Base and urge others to follow his brilliant ex- struction Trades Council represents 25 all the men and women who serve there ample. His determination and meticu- different crafts across the entire con- for winning the Commander In Chief’s lous investigative work are truly com- struction spectrum, including: asbestos Installation Excellence Award for 2008. mendable. workers, boilermakers, brick and stone This prestigious award honors mili- Detective Garland is truly a hero for masons, cement masons, carpenters, tary installations for their outstanding the State of Delaware and for our en- electricians, elevator constructors, gla- service and dedication, and exemplary tire Nation and its children.∑ ziers, ironworkers, laborers, linoleum support of their missions. In the 23 f and carpet layers, millwrights, oper- years that this award has been given, ating engineers, painters and tapers, Dover Air Force Base is the first Air RECOGNIZING MICHAEL P. PRICE pile bucks, plasterers, plumbers, pipe Mobility Command to ever win this ∑ Mr. DODD. Mr. President, it is with fitters and steamfitters, roofers, sheet award. great pleasure that today I honor Mr. metal workers, sprinkler fitters and This is a great honor not only for Michael P. Price on his 40th anniver- teamsters. The men and women who Dover Air Force Base, but for all of us sary as executive director of Goodspeed fill these jobs are some of the most im- in Delaware who are enormously proud Musicals in East Haddam, CT. pressive workers I have seen, devoted of the base and all the dedicated men Since assuming the role of executive not only to their job, but to the safety and women who serve there. director in 1968, Mr. Price has produced This highly coveted award recognizes of their coworkers. more than 200 musicals, including 63 The Columbia Pacific Building and the excellent working, living and rec- world premiere productions. Sixteen of Construction Trades Council is com- reational facilities for those men, the musicals Mr. Price premiered at mitted to the highest level of profes- women and families stationed at the Goodspeed Musicals ultimately made sionalism. These building experts have base. their way to Broadway, including now For Dover and for Delaware this honed their skills through years of world-famous productions such as means winning it all, like winning the practice, starting with an extensive ap- ‘‘Shenandoah’’ and ‘‘Annie.’’ Super Bowl or winning the NCAA prenticeship and journey level pro- During his 40 years of service at championship. It is like a home run gram. The Columbia Pacific Building Goodspeed Musicals, Mr. Price has with the bases loaded. I could not be and Construction Trades Council is shared his talent and vision with more more pleased or proud of the men and known for its apprenticeship program, than 5,000 actors, directors, musicians, women serving at Dover. recognized as one of the best in the I am honored that our Delaware fa- and technicians and has touched the country. It is this professionalism that cility serves as a national example of lives of 4 million theatergoers, capti- the men and women of the building and how quality installations enable better vating and inspiring audiences of all construction trades learn early on and mission performance and enhance the ages. continue to demonstrate throughout quality of life for military men and Goodspeed Musicals’ commitment to their careers. women and their families by providing the advancement of musical theater is This Nation will continue to grow quality working, housing and rec- world renowned, and the theatre is con- and prosper because of our unrivaled reational conditions. sidered by many to be the ‘‘Home of workforce. However, workers of this I would also like to recognize the the American Musical.’’ Goodspeed is caliber can only be produced in the other winners of this year’s award: also the only theatre in America to proper work environment. The Colum- Fort A.P. Hill, Bowling Green, VA; Ma- have received two Tony Awards for Ex- bia Pacific Building and Construction rine Corps Base, Camp Pendleton, San cellence in Theatre, once in 1980 and Trades Council ensures that workers Diego, CA; Naval Base Coronado, San again in 1995. These tremendous dis- have a voice. They stress the impor- Diego, CA; and Defense Supply Center tinctions are thanks, in no small part, tance of providing a fair wage to those Richmond, Richmond, VA. to the leadership, talent, and dedica- in the building and construction Once again, it is my honor to con- tion of its Executive Director. trades. Further, the council advocates gratulate the men and women of Dover Mr. Price’s dedication to the arts and for safe working conditions and ensur- Air Force Base for their service and the community extends well beyond ing Americans are trained workers to dedication.∑ the walls of Goodspeed Opera House. meet our country’s 21st century needs. Mr. Price currently serves as chairman I am very proud to stand on the Sen- f of the Connecticut Commission on Cul- ate floor today and commemorate the IN HONOR OF DETECTIVE RONALD ture and Tourism and was the longest men and women of the Columbia Pa- GARLAND serving Connecticut arts commis- cific Building and Construction Trades ∑ Mr. CARPER. Mr. President, today I sioner. Mr. Price is also an active Council. Those of us from frontier commend detective Ronald Garland of member in the national theatrical states are born with the knowledge the Delaware State Police High Tech- community, serving as treasurer of the that we stand on the edge of wilder- nology Crimes Unit. American Theatre Wing and a member ness. Since the time of the Oregon Just more than 1 year ago, Detective of the Tony Management Committee. Trail, we have known civilization to Garland was assigned to a case involv- Today, I have the distinct pleasure rest on the shoulders of skilled crafts- ing Internet predators taking advan- and honor of joining Mr. Price’s wife, men like the Columbia Pacific Building tage of children. Jo-Ann Nevas, his children, Daniel and and Construction Trades. And now,

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3788 CONGRESSIONAL RECORD — SENATE May 6, 2008 like then, we owe them our debt of to our troops. We collect and send coupons to iel F. Hrachovy; Robert J. Hufft; Glen W. gratitude.∑ the receiving centers for the use of Veterans Hunt; George H. Jones; Earl A. Karl; Thomas families. W. Kent; Gus O. Lamperez; John W. Landry, f We write letters to our Congressmen to ask Jr.; Joseph B. Landry; Carroll F. LeBlanc; RECOGNIZING UNIT 70 OF THE them to support bills for veterans benefits, Cleveland J. LeBlanc; Clement O. Lejeune, AMERICAN LEGION AUXILIARY and to prevent flag desecration. Sr.; Lawrence J. Lejeune; Robert H. Littell; ∑ The many activities and programs that we Henry J. Louviere, Jr.; Carrol E. Lyons. Mr. TESTER. Mr. President, today I accomplish means we have to make money Oliver W. Markland, Jr.; Leo J. Matte; recognize American Legion Auxiliary (oh no. we do not counterfeit) we have a Orvin A. Maxwell; Earl E. Mayfield; Van R. Unit 70 out of Judith Gap, MT. Judith ‘‘fund raiser’’. Our main fund raiser is the Mayhall; Joseph D. McBride; Robert J. Gap is a small town in central Montana Memorial Day Dinner. While the legion- McDonald; Francis R. Meaux; Carl L. with less than 200 residents, but they naires are performing their ceremony at the Meriwether; Joseph N. Mire; Raymond W. have a vibrant community where the cemetery (yes, the wind is blowing and they Moore, Jr.; George Mouton; James R. Neef; American Legion plays a key role. The are holding on to the big American Flag with Marion W. Newman; Jules U. Olivier; Reed J. legion supports a whole host of activi- all of their might) we ladies are getting the Perilloux; Eugene J. Peyton; Joseph H. ties, from supporting veterans through- dinner ready. The poppy posters made by our Philippe; Walter Pilcher; Wallace Primeaux, students, decorate the hall, poppy center- Jr. out Montana to throwing local poppy- pieces are on the table, and a basketfull of Alex Prudhomm; Wilfred Racca; Richard C. themed dinners. They provide a great poppies is in place to receive contributions Robert; George O. Schmidt; George M. deal for the area, and I ask unanimous and to wear a poppy. All has gone well. Shamblin, Sr.; Albert J. Simon; Howard L. consent that the full activities record We are thankful for all the help we get to Snider; Eldridge Sonnier; Eli Sorkow; Frank of American Legion Auxiliary Unit 70 finance our programs. The local radio sta- Spell, Jr.; George H. Taix; Earl E. Turner; of Judith Gap, MT, be printed in the tion announces the Memorial Day Dinner— Lawrence J. Tylock; Curliss P. Vincent; RECORD. free! The local newspapers publish our meet- James P. Welsh; Gloria T. White; Edwin P. There being no objection, the mate- ings and the pictures of Girls State delegates Whitson; Clarence B. Wiley; Edward Young. rial was ordered to be printed in the and alternates—free! We have much to be While visiting Washington, DC, these thankful for and are thankful for much. veterans will tour Arlington National RECORD, as follows: There is no better feeling, than the feeling ACTIVITY REPORT OF THE JUDITH GAP we have when we have accomplished the task Cemetery, the Iwo Jima Memorial, the AMERICAN LEGION AUXILIARY we set out to do. Through our activities, we Vietnam Memorial, the Korean Memo- I would like you to become acquainted have shown we honor and respect our vet- rial, and the World War II Memorial. with the American Legion Auxiliary, Unit erans. We shall always remember their sac- This program provides many veterans No. 70 of Judith Cap. It is located between rifices that have enabled us to live in a free with their only opportunity to see the what is called the Gap between the little nation, where we are able to express our be- great memorials dedicated to their Belt Mountains, and the Big Snowy Moun- lief in God, and love of our Country, The service. tains. It is referred to as the ‘‘Gap’’ and is United States of America. God bless Amer- Thus, today, I ask my colleagues to close to the center of Montana. The ‘‘Gap’’ is ica. well known for the terrific winds and snows Dated: April 14, 2008. Respectfully sub- join me in honoring these great Ameri- that close the road from all directions. The mitted to the office of the Honorable Jon cans and thanking them for their devo- ‘‘wind farm’’ on the prairie a few miles south Tester, Senator, United States Senate, tion and service to our Nation.∑ of town attests to the presence of wind. Washington, D.C. 20510–2602, for publication f It is also known for the many activities of in the Congressional Record, From: Avis M. the American Legion Auxiliary. I encourage Perry, Unit #70, Judith Gap Legislative Chr., MESSAGES FROM THE PRESIDENT you to visit our town. We have a school, two American Legion Auxiliary, Department of Messages from the President of the churches, grocery store, gas station, cafe, Montana, 12 Perry Ranch Ln, Judith Gap, United States were communicated to post office, American Legion Hall, fire sta- Mt. 59453–81130.∑ tion, and two bars. We are not BIG like New the Senate by Mrs. Neiman, one of his f York City, but we too, are on the map. secretaries. Our members are proud to be a part of the HONORING THE LOUISIANA f largest patriotic organization in the world. HONORAIR We are a ‘‘goal’’ unit, and have kept this rat- EXECUTIVE MESSAGES REFERRED ∑ Mr. VITTER. Mr. President, I wish to ing for many years. We really believe in en- As in executive session the Presiding couraging our eligible girls to join as junior acknowledge and honor a very special members. Without our youth becoming in- group, the Louisiana HonorAir. Lou- Officer laid before the Senate messages volved, any organization will die. Like so isiana HonorAir is a not-for-profit from the President of the United many worthwhile things, it takes time and group that flies as many as 200 World States submitting sundry nominations, effort. We are proud that a member’s son War II veterans a year up to Wash- withdrawals and a treaty which were only four years old can recite the Pledge of ington, DC, free of charge. On May 10, referred to the appropriate commit- Allegiance and can sing America The Beau- tees. tiful. Our youth present Old Glory at basket- 2008, a group of 103 veterans will reach Washington as part of this very special (The nominations received today are ball games and sing the Star Spangled Ban- printed at the end of the Senate pro- ner. program. I will relate to you a ‘‘bird’s eye’’ view of I want to take a moment to thank all ceedings.) what we do: the brave veterans visiting our Capital f Surely everyone has seen the red crepe- City this trip: paper poppies that are made by our veterans. MESSAGE FROM THE HOUSE The little red poppies are distributed in May. Robert M. Aitken, Jr.; Carl J. Andrews; DURING ADJOURNMENT The money contributed goes to help our vet- Louis Armes; Douglas C. Augustin; Earl J. erans. School students enter the poppy post- Balser; Palmer R. Barras; Roland N. Barrios; er contest to remember and honor our vet- Maurice H. Behrnes; Charles C. Bishop; Jack ENROLLED BILLS SIGNED erans. Awards are given to the winners. Bond; Thomas A. Booker, Jr.; John L. School students write Americanism essays. Boudreaux; Robert S. Boudreaux; Wilbert P. Under authority of the order of the Awards are given to the winners. We con- Braud; Thomas A. Breaux; Theodore A. Senate of January 4, 2007, the Sec- tribute to our Mt. V.A. hospitals and V.A. fa- Castillo; Clarence B. Champagne; Cassuis H. retary of the Senate, on May 5, 2008, cilities at Ft. Harrison, Glendive, Miles City, Clay; John H. Coco; Joseph A. Courville; during the adjournment of the Senate, Columbia Falls, and to the V.A. Clinics in Edwin F. Curry. received a message from the House of Montana. Daniel M. Danahay; Leory Derouen; Representatives announcing that the We have parties for the Legion’s birthday, Charles E. Dodd; Lloyd Dubois; Clarence Speaker pro tempore (Mr. HOYER) has the Americanism Program, the Mental Duff; Aldon Duhon; Joseph Duplechain; Health Center, We gave gifts to our WWII Clavin L. Elliott; Alva E. English; Henry L. signed the following enrolled bills: lady veteran, and to our ‘‘adopted veteran’’. Fewell, Sr.; John J. Filisky; Rayford H.R. 493. An act to prohibit discrimination We donated to Freedoms Foundation, Spir- Fantenot Leroy J. Gedward; Albert K. Ger- on the basis of genetic information with reit of Youth, Children’s Miracle Network, many; Ed A. Godwin; Ernest E. Goff; Willie spect to health insurance and employment. Oloha Scholarship, Girls State, Child Wel- B. Goforth; Bobby A. Gunn; Gerald D. Ham; H.R. 1195. An act to amend the Safe, Ac- fare, Community Service, emergency fund, William F. Harvey, Jr.; Albert J. Hebert; countable, Flexible, Efficient Transportation Chapel of four Chaplains, and the U.S.O. Allen L. Hebert; Patrick R. Hebert. Equity Act: A Legacy for Users to make We send Christmas cards, easter cards, Aloysius G. Hellmers; Willie Herron; technical corrections, and for other pur- phone cards, care packages, and neck coolers Burnell C. Hobgood; John W. Holeman; Dan- poses.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3789 H.R. 5715. An act to ensure continued avail- Securities and Exchange Commission, trans- 2)) received on May 1, 2008; to the Committee ability of access to the Federal student loan mitting, pursuant to law, the report of a rule on Environment and Public Works. program for students and families. entitled ‘‘Disclosure of Divestment by Reg- EC–6074. A communication from the Direc- The enrolled bills were subsequently istered Investment Companies in Accordance tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, signed during the session of the Senate with the Sudan Accountability and Divest- ment Act of 2007’’ (RIN3235–AK05) received pursuant to law, the report of a rule entitled by the President pro tempore (Mr. on April 29, 2008; to the Committee on Bank- ‘‘Approval and Promulgation of Air Quality BYRD) on May 6, 2008. ing, Housing, and Urban Affairs. Implementation Plans; Connecticut; Inter- f EC–6065. A communication from the Gen- state Transport of Pollution’’ (FRL No. 8562– eral Counsel, Department of the Treasury, 9) received on May 1, 2008; to the Committee MESSAGE FROM THE HOUSE transmitting a draft bill intended to elimi- on Environment and Public Works. At 12:53 p.m., a message from the nate the four-year limitation on contracts EC–6075. A communication from the Direc- House of Representatives, delivered by for the manufacture of distinctive paper for tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, Mrs. Cole, one of its reading clerks, an- U.S. currency and securities; to the Com- mittee on Banking, Housing, and Urban Af- pursuant to law, the report of a rule entitled nounced that pursuant to 44 U.S.C. fairs. ‘‘Approval and Promulgation of Implementa- 2702, the Minority Leader appoints Mr. EC–6066. A communication from the Chair- tion Plans; Revised PM2.5 Motor Vehicle Jeffrey W. Thomas of Ohio to the Advi- man, National Transportation Safety Board, Emissions Budgets; State of New Jersey’’ sory Committee on the Records of Con- transmitting a legislative proposal relative (FRL No. 8562–1) received on May 1, 2008; to gress. to authorization for the National Transpor- the Committee on Environment and Public tation Safety Board; to the Committee on Works. f Commerce, Science, and Transportation. EC–6076. A communication from the Direc- MEASURES PLACED ON THE EC–6067. A communication from the Direc- tor, Regulatory Management Division, Envi- CALENDAR tor, Fish and Wildlife Service, Department of ronmental Protection Agency, transmitting, the Interior, transmitting, pursuant to law, pursuant to law, the report of a rule entitled The following bills were read the sec- the report of a rule entitled ‘‘Endangered ‘‘Change of Address for Submission of Cer- ond time, and placed on the calendar: and Threatened Wildlife and Plants; Listing tain Reports; Technical Correction’’ (FRL S. 2972. A bill to reauthorize and modernize the Potential Sonoran Desert Bald Eagle No. 8563–1) received on May 1, 2008; to the the Federal Aviation Administration. Distinct Population Segment As Threatened Committee on Environment and Public S. 2973. A bill to promote the energy secu- Under the Endangered Species Act’’ Works. rity of the United States, and for other pur- (RIN1018–AW12) received on May 1, 2008; to EC–6077. A communication from the Acting poses. the Committee on Environment and Public Chief, Trade and Commercial Regulations Works. Branch, Department of Homeland Security, f EC–6068. A communication from the Direc- transmitting, pursuant to law, the report of EXECUTIVE AND OTHER tor, Regulatory Management Division, Envi- a rule entitled ‘‘Import Restrictions Imposed COMMUNICATIONS ronmental Protection Agency, transmitting, on Archaeological and Ethnological Material pursuant to law, the report of a rule entitled of Iraq’’ (RIN1505–AB91) received on April 29, The following communications were ‘‘Approval and Promulgation of Implementa- 2008; to the Committee on Finance. laid before the Senate, together with tion Plans; Georgia: Enhanced Inspection EC–6078. A communication from the Assist- accompanying papers, reports, and doc- and Maintenance Plan’’ (FRL No. 8560–3) re- ant Secretary, Office of Legislative Affairs, uments, and were referred as indicated: ceived on April 29, 2008; to the Committee on Department of State, transmitting, pursuant Environment and Public Works. to law, an annual report entitled, ‘‘Country EC–6058. A communication from the Direc- EC–6069. A communication from the Direc- Reports on Terrorism 2007’’; to the Com- tor, Regulatory Management Division, Envi- tor, Regulatory Management Division, Envi- mittee on Foreign Relations. ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, EC–6079. A communication from the Assist- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ant Secretary, Office of Legislative Affairs, ‘‘Chlorantraniliprole; Pesticide Tolerance’’ ‘‘Approval and Promulgation of Implementa- Department of State, transmitting, pursuant (FRL No. 8357–3) received on May 1, 2008; to tion Plans; Alabama: Prevention of Signifi- to law, a letter detailing the creation of an the Committee on Agriculture, Nutrition, cant Deterioration and Nonattainment New Accountability Review Board relative to an and Forestry. Source Review’’ (FRL No. 8560–2) received on attack that occurred in Khartoum, Sudan, EC–6059. A communication from the Direc- April 29, 2008; to the Committee on Environ- on January 1, 2008; to the Committee on For- tor, Regulatory Management Division, Envi- ment and Public Works. eign Relations. ronmental Protection Agency, transmitting, EC–6070. A communication from the Direc- EC–6080. A communication from the Direc- pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- tor, Strategic Human Resources Policy, Of- ‘‘Pyridalyl; Pesticide Tolerances’’ (FRL No. ronmental Protection Agency, transmitting, fice of Personnel Management, transmitting, 8361–4) received on May 1, 2008; to the Com- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- ‘‘Extension of Deadline for Action on Section ‘‘Human Capital Management in Agencies’’ estry. 126 Petition From Warrick County, Indiana, (RIN3206–AJ92) received on April 29, 2008; to EC–6060. A communication from the Direc- and the Town of Newburgh, Indiana’’ (FRL the Committee on Homeland Security and tor, Regulatory Management Division, Envi- No. 8559–9) received on April 29, 2008; to the Governmental Affairs. ronmental Protection Agency, transmitting, Committee on Environment and Public EC–6081. A communication from the Chief pursuant to law, the report of a rule entitled Works. Financial Officer, Potomac Electric Power ‘‘Spirodiclofen; Pesticide Tolerances’’ (FRL EC–6071. A communication from the Direc- Company, transmitting, pursuant to law, the No. 8362–2) received on May 1, 2008; to the tor, Regulatory Management Division, Envi- Company’s Balance Sheet as of December 31, Committee on Agriculture, Nutrition, and ronmental Protection Agency, transmitting, 2007; to the Committee on Homeland Secu- Forestry. pursuant to law, the report of a rule entitled rity and Governmental Affairs. EC–6061. A communication from the Under ‘‘Land Disposal Restrictions: Site-Specific EC–6082. A communication from the Direc- Secretary of Defense (Comptroller), trans- Treatment Variance for P and U-Listed Haz- tor, Office of Personnel Management, transmitting, pursuant to law, a quarterly report ardous Mixed Wastes Treated by Vacuum mitting a legislative proposal entitled, entitled ‘‘Acceptance of Contributions for Thermal Desorption at the Energy Solu- ‘‘Grade Retention Modification Act of 2008’’; Defense Programs, Projects, and Activities; tions’ Facility in Clive, Utah’’ (FRL No. to the Committee on Homeland Security and Defense Cooperation Account’’; to the Com- 8560–1) received on April 29, 2008; to the Com- Governmental Affairs. mittee on Armed Services. mittee on Environment and Public Works. EC–6083. A communication from the Chair- EC–6062. A communication from the Acting EC–6072. A communication from the Direc- man, Council of the District of Columbia, General Counsel of the Department of De- tor, Regulatory Management Division, Envi- transmitting, pursuant to law, a report on fense, transmitting legislative proposals rel- ronmental Protection Agency, transmitting, D.C. Act 17–360, ‘‘Compliance Unit Establish- ative to the National Defense Authorization pursuant to law, the report of a rule entitled ment Act of 2008’’ received on May 1, 2008; to Bill for fiscal year 2009; to the Committee on ‘‘Approval and Promulgation of Implementa- the Committee on Homeland Security and Armed Services. tion Plans; West Virginia: Transportation Governmental Affairs. EC–6063. A communication from the Acting Conformity Requirement’’ (FRL No. 8561–2) EC–6084. A communication from the Presi- General Counsel of the Department of De- received on May 1, 2008; to the Committee on dent and Chief Scout Executive, Boy Scouts fense, transmitting legislative proposals Environment and Public Works. of America, transmitting, pursuant to law, that the Department encourages Congress to EC–6073. A communication from the Direc- the organization’s 2007 annual report; to the adopt as part of the National Defense Au- tor, Regulatory Management Division, Envi- Committee on the Judiciary. thorization Bill for fiscal year 2009; to the ronmental Protection Agency, transmitting, EC–6085. A communication from the Fed- Committee on Armed Services. pursuant to law, the report of a rule entitled eral Register Liaison Officer, Alcohol and EC–6064. A communication from the Sec- ‘‘Standards of Performance for Petroleum Tobacco Tax and Trade Bureau, Department retary, Division of Investment Management, Refineries’’ ((RIN2060–AN72) (FRL No. 8563– of the Treasury, transmitting, pursuant to

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3790 CONGRESSIONAL RECORD — SENATE May 6, 2008 law, the report of a rule entitled ‘‘Certifi- tions, and for other purposes; to the Com- (Mr. VITTER) was added as a cosponsor cation Requirements for Imported Natural mittee on the Judiciary. of S. 627, a bill to amend the Juvenile Wine’’ (RIN1513–AB00) received on April 30, By Mr. LAUTENBERG (for himself, Justice and Delinquency Prevention 2008; to the Committee on the Judiciary. Mr. ISAKSON, and Ms. STABENOW): Act of 1974 to improve the health and EC–6086. A communication from the Chair, S. 2983. A bill to amend the Public Health U.S. Sentencing Commission, transmitting, Service Act to prevent and cure diabetes and well-being of maltreated infants and pursuant to law, the amendments to the fed- to promote and improve the care of individ- toddlers through the creation of a Na- eral sentencing guidelines that were pro- uals with diabetes for the reduction of health tional Court Teams Resource Center, posed by the Commission during the 2007– disparities within racial and ethnic minority to assist local Court Teams, and for 2008 amendment cycle; to the Committee on groups, including the African-American, His- other purposes. the Judiciary. panic American, Asian American and Pacific S. 661 EC–6087. A communication from the Prin- Islander, and American Indian and Alaskan At the request of Mr. WHITEHOUSE, cipal Deputy Assistant Attorney General, Of- Native communities; to the Committee on his name was added as a cosponsor of fice of Legislative Affairs, Department of Health, Education, Labor, and Pensions. Justice, transmitting, pursuant to law, an By Mr. AKAKA (by request): S. 661, a bill to establish kinship navi- annual report on applications made by the S. 2984. A bill to amend title 38, United gator programs, to establish guardian- Government for authority to conduct elec- States Code, to expand and enhance vet- ship assistance payments for children, tronic surveillance and physical searches erans’ benefits, and for other purposes; to and for other purposes. during calendar year 2007; to the Committee the Committee on Veterans’ Affairs. S. 718 on the Judiciary. f At the request of Mr. CRAPO, the EC–6088. A communication from the Sec- name of the Senator from Kentucky retary of Veterans Affairs, transmitting SUBMISSION OF CONCURRENT AND draft legislation intended to expand and en- SENATE RESOLUTIONS (Mr. BUNNING) was added as a cosponsor hance veterans’ benefits; to the Committee of S. 718, a bill to optimize the delivery on Veterans’ Affairs. The following concurrent resolutions of critical care medicine and expand and Senate resolutions were read, and f the critical care workforce. referred (or acted upon), as indicated: S. 749 INTRODUCTION OF BILLS AND By Mr. BAUCUS (for himself and Mr. At the request of Mr. NELSON of Flor- JOINT RESOLUTIONS BARRASSO): ida, the name of the Senator from Lou- S. Res. 551. A resolution celebrating 75 The following bills and joint resolu- isiana (Mr. VITTER) was added as a co- tions were introduced, read the first years of successful State-based alcohol regulation; to the Committee on the Judiciary. sponsor of S. 749, a bill to modify the and second times by unanimous con- By Mr. COLEMAN (for himself and Ms. prohibition on recognition by United sent, and referred as indicated: KLOBUCHAR): States courts of certain rights relating By Mr. LAUTENBERG (for himself, S. Res. 552. A resolution recognizing the to certain marks, trade names, or com- Mr. DORGAN, Mr. LEVIN, Mr. CASEY, 150th anniversary of the State of Minnesota; mercial names. Mr. SANDERS, and Mrs. CLINTON): considered and agreed to. S. 777 S. 2976. A bill to require the United States By Mr. CARDIN (for himself and Ms. At the request of Mr. CRAIG, the Trade Representative to pursue a complaint MIKULSKI): names of the Senator from Mississippi of anticompetitive practices against certain S. Res. 553. A resolution congratulating oil exporting countries; to the Committee on Charles County, Maryland, on the occasion (Mr. WICKER) and the Senator from Finance. of its 350th anniversary; considered and Kansas (Mr. ROBERTS) were added as By Mr. SPECTER (for himself and Mr. agreed to. cosponsors of S. 777, a bill to repeal the LIEBERMAN): By Mr. LEVIN (for himself and Ms. imposition of withholding on certain S. 2977. A bill to create a Federal cause of STABENOW): payments made to vendors by govern- action to determine whether defamation ex- S. Con. Res. 79. A concurrent resolution ment entities. ists under United States law in cases in congratulating and saluting Focus: HOPE on S. 879 which defamation actions have been brought its 40th anniversary and for its remarkable At the request of Mr. KOHL, the name in foreign courts against United States per- commitment and contributions to Detroit, sons on the basis of publications or speech in the State of Michigan, and the United of the Senator from New York (Mrs. the United States; to the Committee on the States; to the Committee on the Judiciary. CLINTON) was added as a cosponsor of S. 879, a bill to amend the Sherman Act to Judiciary. f By Mr. SCHUMER: make oil-producing and exporting car- S. 2978. A bill to amend the Fair Credit Re- ADDITIONAL COSPONSORS tels illegal. porting Act to make technical corrections to S. 329 S. 903 the definition of willful noncompliance with At the request of Mr. DURBIN, the respect to violations involving the printing At the request of Mr. CRAPO, the of an expiration date on certain credit and name of the Senator from Alabama names of the Senator from Wisconsin debit card receipts before the date of the en- (Mr. SESSIONS) was added as a cospon- (Mr. KOHL), the Senator from Hawaii actment of this Act; to the Committee on sor of S. 329, a bill to amend title XVIII (Mr. AKAKA), the Senator from Mon- Banking, Housing, and Urban Affairs. of the Social Security Act to provide tana (Mr. TESTER), the Senator from By Mr. KERRY (for himself and Mr. coverage for cardiac rehabilitation and Nevada (Mr. REID), the Senator from WHITEHOUSE): pulmonary rehabilitation services. Missouri (Mrs. MCCASKILL), the Sen- S. 2979. A bill to exempt the African Na- EINGOLD S. 403 ator from Wisconsin (Mr. F ), tional Congress from treatment as a ter- the Senator from Rhode Island (Mr. rorist organization, and for other purposes; At the request of Mr. FEINGOLD, the REED), the Senator from Michigan (Ms. to the Committee on the Judiciary. name of the Senator from Illinois (Mr. STABENOW), the Senator from Min- By Mr. CASEY: DURBIN) was added as a cosponsor of S. nesota (Ms. KLOBUCHAR), the Senator S. 2980. A bill to amend the Child Care and 403, a bill to amend the Internal Rev- Development Block Grant Act of 1990 to im- from Oregon (Mr. WYDEN), the Senator enue Code of 1986 to provide that reim- prove access to high quality early learning from New Jersey (Mr. MENENDEZ), the bursements for costs of using passenger and child care for low income children and Senator from Florida (Mr. NELSON), the automobiles for charitable and other working families, and for other purposes; to Senator from Delaware (Mr. CARPER), organizations are excluded from gross the Committee on Health, Education, Labor, the Senator from Connecticut (Mr. and Pensions. income, and for other purposes. LIEBERMAN), the Senator from Arkan- By Mr. CASEY (for himself and Mr. S. 584 ISAKSON): sas (Mrs. LINCOLN), the Senator from S. 2981. A bill to amend the Service- At the request of Mrs. LINCOLN, the Louisiana (Ms. LANDRIEU), the Senator members Civil Relief Act to provide a one- name of the Senator from Vermont from New Jersey (Mr. LAUTENBERG), year period of protection against mortgage (Mr. SANDERS) was added as a cospon- the Senator from Maryland (Ms. MI- foreclosures for certain disabled or severely sor of S. 584, a bill to amend the Inter- KULSKI), the Senator from Indiana (Mr. injured servicemembers, and for other pur- nal Revenue Code of 1986 to modify the BAYH), the Senator from Montana (Mr. poses; to the Committee on Veterans’ Af- rehabilitation credit and the low-in- BAUCUS), and the Senator from West fairs. come housing credit. By Mr. LEAHY (for himself and Mr. Virginia (Mr. BYRD) were added as co- S. 627 SPECTER): sponsors of S. 903, a bill to award a S. 2982. A bill to amend the Runaway and At the request of Mr. HARKIN, the Congressional Gold Medal to Dr. Mu- Homeless Youth Act to authorize appropria- name of the Senator from Louisiana hammad Yunus, in recognition of his

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3791 contributions to the fight against glob- sor of S. 1515, a bill to establish a do- free flow of information to the public al poverty. mestic violence volunteer attorney by providing conditions for the feder- S. 912 network to represent domestic violence ally compelled disclosure of informa- At the request of Mr. ROCKEFELLER, victims. tion by certain persons connected with the name of the Senator from New S. 1627 the news media. York (Mrs. CLINTON) was added as a co- At the request of Mrs. LINCOLN, the S. 2119 sponsor of S. 912, a bill to amend the name of the Senator from Illinois (Mr. At the request of Mr. JOHNSON, the Internal Revenue Code of 1986 to ex- DURBIN) was added as a cosponsor of S. name of the Senator from Alaska (Ms. pand the incentives for the construc- 1627, a bill to amend the Internal Rev- MURKOWSKI) was added as a cosponsor tion and renovation of public schools. enue Code of 1986 to extend and expand of S. 2119, a bill to require the Sec- S. 931 the benefits for businesses operating in retary of the Treasury to mint coins in At the request of Mr. MARTINEZ, the empowerment zones, enterprise com- commemoration of veterans who be- name of the Senator from Louisiana munities, or renewal communities, and came disabled for life while serving in (Mr. VITTER) was added as a cosponsor for other purposes. the Armed Forces of the United States. of S. 931, a bill to establish the Na- S. 1638 S. 2123 tional Hurricane Research Initiative to At the request of Mr. LEAHY, the At the request of Mr. KENNEDY, the improve hurricane preparedness, and name of the Senator from Louisiana name of the Senator from Maryland for other purposes. (Mr. VITTER) was added as a cosponsor (Mr. CARDIN) was added as a cosponsor S. 935 of S. 1638, a bill to adjust the salaries of S. 2123, a bill to provide collective At the request of Mr. NELSON of Flor- of Federal justices and judges, and for bargaining rights for public safety offi- ida, the name of the Senator from other purposes. cers employed by States or their polit- Alaska (Ms. MURKOWSKI) was added as S. 1715 ical subdivisions. a cosponsor of S. 935, a bill to repeal At the request of Mr. KERRY, the S. 2160 the requirement for reduction of sur- name of the Senator from Washington At the request of Mr. AKAKA, the vivor annuities under the Survivor (Ms. CANTWELL) was added as a cospon- name of the Senator from Vermont Benefit Plan by veterans’ dependency sor of S. 1715, a bill to amend title (Mr. SANDERS) was added as a cospon- and indemnity compensation, and for XVIII of the Social Security Act to sor of S. 2160, a bill to amend title 38, other purposes. eliminate discriminatory copayment United States Code, to establish a pain S. 937 rates for outpatient psychiatric serv- care initiative in health care facilities At the request of Mr. LIEBERMAN, his ices under the Medicare program. of the Department of Veterans Affairs, name was added as a cosponsor of S. S. 1750 and for other purposes. 937, a bill to improve support and serv- At the request of Mr. SPECTER, the S. 2162 ices for individuals with autism and name of the Senator from West Vir- At the request of Mr. AKAKA, the their families. ginia (Mr. BYRD) was added as a co- names of the Senator from Oregon (Mr. S. 974 sponsor of S. 1750, a bill to amend title SMITH), the Senator from New Mexico At the request of Mr. BAYH, the name XVIII of the Social Security Act to (Mr. BINGAMAN) and the Senator from of the Senator from New York (Mrs. preserve access to community cancer North Carolina (Mrs. DOLE) were added CLINTON) was added as a cosponsor of S. care by Medicare beneficiaries. as cosponsors of S. 2162, a bill to im- 974, a bill to amend title VII of the Tar- S. 1926 prove the treatment and services pro- iff Act of 1930 to provide that the provi- At the request of Mr. LIEBERMAN, his vided by the Department of Veterans sions relating to countervailing duties name was added as a cosponsor of S. Affairs to veterans with post-traumatic apply to nonmarket economy coun- 1926, a bill to establish the National In- stress disorder and substance use dis- tries, and for other purposes. frastructure Bank to provide funding orders, and for other purposes. S. 1406 for qualified infrastructure projects, S. 2173 At the request of Mr. KERRY, the and for other purposes. At the request of Mr. HARKIN, the name of the Senator from Washington S. 1954 name of the Senator from Hawaii (Mr. (Mrs. MURRAY) was added as a cospon- At the request of Mr. BAUCUS, the INOUYE) was added as a cosponsor of S. sor of S. 1406, a bill to amend the Ma- name of the Senator from Tennessee 2173, a bill to amend the Elementary rine Mammal Protection Act of 1972 to (Mr. CORKER) was added as a cosponsor and Secondary Education Act of 1965 to strengthen polar bear conservation ef- of S. 1954, a bill to amend title XVIII of improve standards for physical edu- forts, and for other purposes. the Social Security Act to improve ac- cation. S. 1459 cess to pharmacies under part D. S. 2183 At the request of Mr. MENENDEZ, the S. 1963 At the request of Mr. SMITH, the names of the Senator from California At the request of Mr. ROCKEFELLER, name of the Senator from Vermont (Mrs. FEINSTEIN) and the Senator from the name of the Senator from West (Mr. SANDERS) was added as a cospon- Massachusetts (Mr. KERRY) were added Virginia (Mr. BYRD) was added as a co- sor of S. 2183, a bill to amend the Pub- as cosponsors of S. 1459, a bill to sponsor of S. 1963, a bill to amend the lic Health Service Act to provide strengthen the Nation’s research ef- Internal Revenue Code of 1986 to allow grants for community-based mental forts to identify the causes and cure of bonds guaranteed by the Federal home health infrastructure improvement. psoriasis and psoriatic arthritis, ex- loan banks to be treated as tax exempt S. 2369 pand psoriasis and psoriatic arthritis bonds. At the request of Mr. BAUCUS, the data collection, study access to and S. 2004 name of the Senator from Nebraska quality of care for people with psoriasis At the request of Mrs. MURRAY, the (Mr. NELSON) was added as a cosponsor and psoriatic arthritis, and for other name of the Senator from Vermont of S. 2369, a bill to amend title 35, purposes. (Mr. SANDERS) was added as a cospon- United States Code, to provide that S. 1499 sor of S. 2004, a bill to amend title 38, certain tax planning inventions are not At the request of Mrs. BOXER, the United States Code, to establish epi- patentable, and for other purposes. name of the Senator from Virginia (Mr. lepsy centers of excellence in the Vet- S. 2373 WARNER) was added as a cosponsor of S. erans Health Administration of the De- At the request of Mr. SALAZAR, the 1499, a bill to amend the Clean Air Act partment of Veterans Affairs, and for name of the Senator from New Mexico to reduce air pollution from marine other purposes. (Mr. BINGAMAN) was added as a cospon- vessels. S. 2035 sor of S. 2373, a bill to amend the Inter- S. 1515 At the request of Mr. SPECTER, the nal Revenue Code of 1986 to provide for At the request of Mr. BIDEN, the name of the Senator from Louisiana residents of Puerto Rico who partici- name of the Senator from New York (Ms. LANDRIEU) was added as a cospon- pate in cafeteria plans under the Puer- (Mr. SCHUMER) was added as a cosponsor of S. 2035, a bill to maintain the to Rican tax laws an exclusion from

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3792 CONGRESSIONAL RECORD — SENATE May 6, 2008 employment taxes which is comparable to be enforced by State regulators, and shire (Mr. SUNUNU) and the Senator to the exclusion that applies to cafe- for other purposes. from Colorado (Mr. SALAZAR) were teria plans under such Code. S. 2619 added as cosponsors of S. 2874, a bill to S. 2408 At the request of Mr. COBURN, the amend titles 5, 10, 37, and 38, United At the request of Mr. KERRY, the name of the Senator from South Caro- States Code, to ensure the fair treat- name of the Senator from Washington lina (Mr. DEMINT) was added as a co- ment of a member of the Armed Forces (Ms. CANTWELL) was added as a cospon- sponsor of S. 2619, a bill to protect in- who is discharged from the Armed sor of S. 2408, a bill to amend title nocent Americans from violent crime Forces, at the request of the member, XVIII of the Social Security Act to rein national parks. pursuant to the Department of Defense quire physician utilization of the Medi- S. 2666 policy permitting the early discharge care electronic prescription drug pro- At the request of Ms. CANTWELL, the of a member who is the only surviving gram. name of the Senator from Wisconsin child in a family in which the father or (Mr. KOHL) was added as a cosponsor of S. 2510 mother, or one or more siblings, served S. 2666, a bill to amend the Internal At the request of Mr. ISAKSON, the in the Armed Forces and, because of Revenue Code of 1986 to encourage in- name of the Senator from North Caro- hazards incident to such service, was vestment in affordable housing, and for lina (Mrs. DOLE) was added as a cospon- killed, died as a result of wounds, acci- other purposes. sor of S. 2510, a bill to amend the Pub- dent, or disease, is in a captured or S. 2760 missing in action status, or is perma- lic Health Service Act to provide re- At the request of Mr. LEAHY, the vised standards for quality assurance name of the Senator from Washington nently disabled, and for other purposes. in screening and evaluation of (Mrs. MURRAY) was added as a cospon- S. 2883 gynecologic cytology preparations, and sor of S. 2760, a bill to amend title 10, At the request of Mr. ROCKEFELLER, for other purposes. United States Code, to enhance the na- the name of the Senator from Montana At the request of Ms. LANDRIEU, the tional defense through empowerment (Mr. BAUCUS) was added as a cosponsor name of the Senator from Indiana (Mr. of the National Guard, enhancement of of S. 2883, a bill to require the Sec- BAYH) was added as a cosponsor of S. the functions of the National Guard retary of the Treasury to mint coins in 2510, supra. Bureau, and improvement of Federal- commemoration of the centennial of S. 2555 State military coordination in domes- the establishment of Mother’s Day. At the request of Mrs. BOXER, the tic emergency response, and for other S. 2886 name of the Senator from Virginia (Mr. purposes. At the request of Mr. BAUCUS, the WARNER) was added as a cosponsor of S. S. 2793 name of the Senator from Maryland 2555, a bill to permit California and At the request of Mr. MENENDEZ, the (Mr. CARDIN) was added as a cosponsor other States to effectively control name of the Senator from California of S. 2886, a bill to amend the Internal greenhouse gas emissions from motor (Mrs. BOXER) was added as a cosponsor Revenue Code of 1986 to amend certain vehicles, and for other purposes. of S. 2793, a bill to direct the Federal expiring provisions. S. 2565 Trade Commission to prescribe a rule S. 2888 At the request of Mr. BIDEN, the prohibiting deceptive advertising of At the request of Mr. KOHL, the name name of the Senator from California abortion services, and for other pur- of the Senator from California (Mrs. (Mrs. FEINSTEIN) was added as a co- poses. FEINSTEIN) was added as a cosponsor of sponsor of S. 2565, a bill to establish an S. 2819 S. 2888, a bill to protect the property At the request of Mr. ROCKEFELLER, awards mechanism to honor excep- and security of homeowners who are the name of the Senator from Virginia tional acts of bravery in the line of subject to foreclosure proceedings, and (Mr. WEBB) was added as a cosponsor of duty by Federal law enforcement offi- for other purposes. cers. S. 2819, a bill to preserve access to Med- S. 2899 S. 2579 icaid and the State Children’s Health At the request of Mr. HARKIN, the At the request of Mr. INOUYE, the Insurance Program during an economic name of the Senator from Iowa (Mr. names of the Senator from Missouri downturn, and for other purposes. GRASSLEY) was added as a cosponsor of (Mr. BOND), the Senator from North S. 2828 S. 2899, a bill to direct the Secretary of Carolina (Mrs. DOLE), the Senator from At the request of Mr. BAUCUS, the Veterans Affairs to conduct a study on New Mexico (Mr. DOMENICI) and the name of the Senator from West Vir- suicides among veterans. Senator from Connecticut (Mr. ginia (Mr. ROCKEFELLER) was added as S. 2904 LIEBERMAN) were added as cosponsors a cosponsor of S. 2828, a bill to require of S. 2579, a bill to require the Sec- the Secretary of the Treasury to mint At the request of Mrs. MCCASKILL, retary of the Treasury to mint coins in and issue coins commemorating the the name of the Senator from Vermont recognition and celebration of the es- 100th anniversary of the establishment (Mr. SANDERS) was added as a cospon- tablishment of the United States Army of Glacier National Park, and for other sor of S. 2904, a bill to improve Federal in 1775, to honor the American soldier purposes. agency awards and oversight of con- of both today and yesterday, in war- S. 2840 tracts and assistance and to strengthen At the request of Mr. SCHUMER, the time and in peace, and to commemo- accountability of the Government-wide name of the Senator from Vermont rate the traditions, history, and herit- suspension and debarment system. (Mr. LEAHY) was added as a cosponsor age of the United States Army and its S. 2916 of S. 2840, a bill to establish a liaison role in American society, from the co- At the request of Ms. STABENOW, her with the Federal Bureau of Investiga- lonial period to today. name was added as a cosponsor of S. tion in United States Citizenship and 2916, a bill to ensure greater trans- S. 2585 Immigration Services to expedite natu- At the request of Mr. HARKIN, the parency in the Federal contracting ralization applications filed by mem- process, and to help prevent contrac- name of the Senator from Iowa (Mr. bers of the Armed Forces and to estab- GRASSLEY) was added as a cosponsor of tors that violate criminal laws from lish a deadline for processing such ap- obtaining Federal contracts. S. 2585, a bill to provide for the en- plications. S. 2942 hancement of the suicide prevention S. 2867 programs of the Department of De- At the request of Mr. BINGAMAN, the At the request of Mr. CARDIN, the fense, and for other purposes. name of the Senator from Illinois (Mr. names of the Senator from Maryland S. 2595 DURBIN) was added as a cosponsor of S. (Ms. MIKULSKI), the Senator from New At the request of Mrs. FEINSTEIN, the 2867, a bill to authorize additional re- Jersey (Mr. MENENDEZ) and the Sen- names of the Senator from Florida (Mr. sources to identify and eliminate illicit ator from Iowa (Mr. HARKIN) were NELSON) and the Senator from Wis- sources of firearms smuggled into Mex- added as cosponsors of S. 2942, a bill to consin (Mr. KOHL) were added as co- ico for use by violent drug trafficking authorize funding for the National Ad- sponsors of S. 2595, a bill to create a organizations, and for other purposes. vocacy Center. national licensing system for residen- S. 2874 S. 2963 tial mortgage loan originators, to de- At the request of Mrs. FEINSTEIN, the At the request of Mr. BOND, the velop minimum standards of conduct names of the Senator from New Hamp- names of the Senator from Maine (Ms.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3793 COLLINS), the Senator from Missouri to provide stable funding for the na- STATEMENTS ON INTRODUCED (Mrs. MCCASKILL), the Senator from tional aviation system, and for other BILLS AND JOINT RESOLUTIONS Iowa (Mr. GRASSLEY) and the Senator purposes. By Mr. SPECTER (for himself from New York (Mrs. CLINTON) were AMENDMENT NO. 4640 and Mr. LIEBERMAN): added as cosponsors of S. 2963, a bill to At the request of Mr. LAUTENBERG, S. 2977. A bill to create a Federal improve and enhance the mental the names of the Senator from Con- cause of action to determine whether health care benefits available to mem- necticut (Mr. LIEBERMAN) and the Sen- defamation exists under United States bers of the Armed Forces and veterans, ator from Vermont (Mr. SANDERS) were law in cases in which defamation ac- to enhance counseling and other bene- added as cosponsors of amendment No. tions have been brought in foreign fits available to survivors of members 4640 intended to be proposed to H.R. courts against United States persons of the Armed Forces and veterans, and 2881, a bill to amend title 49, United on the basis of publications or speech for other purposes. States Code, to authorize appropria- in the United States; to the Committee S. 2972 tions for the Federal Aviation Admin- on the Judiciary. At the request of Mrs. HUTCHISON, the istration for fiscal years 2008 through Mr. SPECTER. Mr. President, I am name of the Senator from Alaska (Mr. 2011, to improve aviation safety and ca- introducing the Free Speech Protec- STEVENS) was added as a cosponsor of pacity, to provide stable funding for tion Act of 2008 to address a serious S. 2972, a bill to reauthorize and mod- the national aviation system, and for challenge to one of the most basic pro- ernize the Federal Aviation Adminis- other purposes. tections in our Constitution. American tration. AMENDMENT NO. 4641 journalists and academics must have the freedom to investigate, write, S.J. RES. 26 At the request of Mr. BINGAMAN, the speak, and publish about matters of At the request of Mrs. DOLE, the name of the Senator from Montana public importance, limited only by the names of the Senator from Texas (Mr. (Mr. TESTER) was added as a cosponsor legal standards laid out in our First CORNYN) and the Senator from Con- of amendment No. 4641 intended to be Amendment jurisprudence, including necticut (Mr. LIEBERMAN) were added proposed to H.R. 2881, a bill to amend precedents such as New York Times v. as cosponsors of S.J. Res. 26, a joint title 49, United States Code, to author- Sullivan. Despite the protection for resolution supporting a base Defense ize appropriations for the Federal Avia- free speech under our own law, the Budget that at the very minimum tion Administration for fiscal years rights of the American public, and of matches 4 percent of gross domestic 2008 through 2011, to improve aviation American journalists who share infor- product. safety and capacity, to provide stable mation with the public, are being S. RES. 512 funding for the national aviation sys- threatened by the forum shopping of At the request of Mr. DEMINT, the tem, and for other purposes. defamation suits to foreign courts with names of the Senator from New Hamp- AMENDMENT NO. 4655 less robust protections for free speech. shire (Mr. GREGG), the Senator from At the request of Mrs. FEINSTEIN, the These suits are filed in, and enter- New Hampshire (Mr. SUNUNU), the Sen- names of the Senator from New York tained by, foreign courts, despite the ator from Alaska (Mr. STEVENS), the (Mrs. CLINTON), the Senator from New fact that the challenged speech or writ- Senator from Louisiana (Mr. VITTER), York (Mr. SCHUMER) and the Senator ing is written in the U.S. by U.S. jour- the Senator from Idaho (Mr. CRAPO), from California (Mrs. BOXER) were nalists, and is published or dissemi- the Senator from Kansas (Mr. added as cosponsors of amendment No. nated primarily in the U.S. The plain- BROWNBACK) and the Senator from New 4655 intended to be proposed to H. R. tiff in these cases may have no par- Mexico (Mr. DOMENICI) were added as 2881, a bill to amend title 49, United ticular connection to the country in cosponsors of S. Res. 512, a resolution States Code, to authorize appropria- which the suit is filed. Nevertheless, honoring the life of Charlton Heston. tions for the Federal Aviation Admin- the U.S. journalists or publications S. RES. 541 istration for fiscal years 2008 through who are named as defendants in these At the request of Mr. FEINGOLD, the 2011, to improve aviation safety and ca- suits must deal with the expense, in- names of the Senator from Louisiana pacity, to provide stable funding for convenience, and distress of being sued (Ms. LANDRIEU) and the Senator from the national aviation system, and for in foreign courts, even though their Massachusetts (Mr. KERRY) were added other purposes. conduct is protected by the First as cosponsors of S. Res. 541, a resolu- AMENDMENT NO. 4658 Amendment. The impetus for this legislation is tion supporting humanitarian assist- At the request of Mr. KERRY, the ance, protection of civilians, account- name of the Senator from New York litigation involving Dr. Rachel Ehrenfeld, a U.S. citizen and Director ability for abuses in Somalia, and urg- (Mr. SCHUMER) was added as a cospon- of the American Center for Democracy, ing concrete progress in line with the sor of amendment No. 4658 intended to whose articles have appeared in the Transitional Federal Charter of Soma- be proposed to H.R. 2881, a bill to Wall Street Journal, the National Re- lia toward the establishment of a via- amend title 49, United States Code, to view, and the Los Angeles Times. She ble government of national unity. authorize appropriations for the Fed- has been a scholar with Columbia Uni- S. RES. 548 eral Aviation Administration for fiscal versity, the University of New York At the request of Mr. DODD, the years 2008 through 2011, to improve School of Law, and Johns Hopkins, and names of the Senator from Delaware aviation safety and capacity, to pro- has testified before Congress. Dr. (Mr. BIDEN) and the Senator from vide stable funding for the national Ehrenfeld’s 2003 book, Funding Evil: Rhode Island (Mr. WHITEHOUSE) were aviation system, and for other pur- How Terrorism is Financed and How to added as cosponsors of S. Res. 548, a poses. Stop it, which was published solely in resolution recognizing the accomplish- AMENDMENT NO. 4685 the United States by a U.S. publisher, ments of the members and alumni of At the request of Mr. WYDEN, the alleged that a Saudi Arabian subject AmeriCorps and the contributions of names of the Senator from Oklahoma and his family financially supported al AmeriCorps to the lives of the people of (Mr. INHOFE), the Senator from Oregon Qaeda in the years preceding the at- the United States. (Mr. SMITH) and the Senator from tacks of September 11. He sued AMENDMENT NO. 4626 Pennsylvania (Mr. SPECTER) were Ehrenfeld for libel in England, al- At the request of Mr. NELSON of Ne- added as cosponsors of amendment No. though only 23 books were sold there. braska, the name of the Senator from 4685 intended to be proposed to H.R. Why? Because under English law, it is Maryland (Mr. CARDIN) was added as a 2881, a bill to amend title 49, United not necessary for a libel plaintiff to cosponsor of amendment No. 4626 in- States Code, to authorize appropria- prove falsity or actual malice as is re- tended to be proposed to H.R. 2881, a tions for the Federal Aviation Admin- quired in the U.S. bill to amend title 49, United States istration for fiscal years 2008 through Dr. Ehrenfeld did not appear, and the Code, to authorize appropriations for 2011, to improve aviation safety and ca- English court entered a default judg- the Federal Aviation Administration pacity, to provide stable funding for ment for damages, an injunction for fiscal years 2008 through 2011, to the national aviation system, and for against publication in the United King- improve aviation safety and capacity, other purposes. dom, a ‘‘declaration of falsity’’, and an

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3794 CONGRESSIONAL RECORD — SENATE May 6, 2008 order that she and her publisher print a High-quality childcare gives low-in- not be problems with and worries about correction and an apology. come working families peace of mind childcare. Dr. Ehrenfeld sought to shield herself while they work. Unfortunately, for Low-income families also spend with a declaration from both Federal the last 7 years, Federal funding for much higher percentages of their in- and State courts that her book did not childcare has been essentially frozen. come on childcare, often bringing that create liability under American law, The neglect of Federal funding for family to the breaking point. This is but jurisdictional barriers prevented childcare during this administration all wrong. Our priorities are literally both the Federal and New York State has been unconscionable. What this upside down. courts from acting. Reacting to this means is families have been locked out That is why I am announcing today a problem, the Governor of New York, on of access to high-quality providers. It bill I introduced today, the Starting May 1, 2008, signed into law the ‘‘Libel means hundreds of thousands of chil- Early, Starting Right Act. The Start- Terrorism Protection Act.’’ Congress dren across the country have been put ing Early, Starting Right Act. I will go must now take similar prompt action. on waiting lists for childcare because through a couple of the provisions. I note that the person who sued Dr. there simply is not enough funding to In summary. First of all, my bill on Ehrenfeld has filed dozens of lawsuits provide enough slots. childcare will move hundreds of thou- in England. There is a real danger that Working parents struggle to find sands of children on State waiting lists other American writers and research- childcare that will be healthy, safe, into high-quality childcare. The bill ers will be afraid to address this crucial and affordable. They worry every day will meet the needs of underserved subject of terror funding and other im- about finding quality care. For so children such as English language portant matters. England should be many families, this is a very personal learners, children with developmental free to have its own libel law, but so issue, especially, of course, for moth- disabilities and other special needs, too should the U.S. England has be- ers. I remember a mother to whom I children living in very poor commu- come a popular venue for defamation spoke in Pennsylvania 10 years ago nities, and children in rural areas, to plaintiffs from around the world, in- who was worried about being able to af- ensure we reach children most in need cluding those who want to intimidate ford childcare for her children. She of high-quality childcare. our journalists. The stakes are high. said something I will never forget. She Next, our bill will ensure States will This legislation is important. said because of the worry about visit and monitor childcare providers This legislation creates a Federal childcare, she had a knot in her stom- on an announced as well as unan- cause of action and Federal jurisdic- ach. I think a lot of families closely nounced basis every year. Fourth, our tion so that Federal courts may deter- identify with and understand what she bill will require childcare providers mine whether there has been defama- was talking about. who are licensed or registered to par- tion under U.S. law when a U.S. jour- These are parents who must work. ticipate in 40 hours of training before nalist, speaker, or academic is sued in They must therefore leave their chil- they work with children as well as 24 a foreign court for speech or publica- dren in care that often does not meet hours on an ongoing annual basis. tion in the U.S. The bill authorizes a all their needs because it is the only Next we will expand parents’ access court to issue an order barring enforce- choice they can afford. to high quality childcare opportunities ment of a foreign judgment and to Here are the facts. The facts show an by requiring States to pay childcare award damages. enormous unmet need in America when providers rates based upon the actual Freedom of speech, freedom of the it comes to childcare. A couple of and current cost of care, what advo- press, freedom of expression of ideas, points: 365,000 children in America are cates know to be the 75th percentile opinions, and research, and freedom of on waiting lists. In my home State of level. exchange of information are all essen- Pennsylvania, almost 8,000 children are Finally, it encourages States to ex- tial to the functioning of a democracy. on waiting lists. Across the country, ceed this rate for special populations of They are also essential in the fight 13.5 million children who are eligible, children with greater needs. This bill against terrorism. eligible for Federal childcare assist- will improve access to high quality I thank Senator LIEBERMAN for work- ance, do not get it. That is an abomina- care for infants and toddlers by setting ing with me on this important bill. tion. That is an embarrassment. It is a aside 30 percent of the bill’s funding for black mark on America. this underserved group of children. Fi- By Mr. CASEY: Let me say that number again: 13.5 nally, this bill will provide greater S. 2980. A bill to amend the Child million children who are eligible for funding for quality initiatives and en- Care and Development Block Grant Act childcare assistance are not getting it. courage more States to adopt quality of 1990 to improve access to high qual- The population of my home State of rating provisions to improve the quality early learning and child care for Pennsylvania is a little less than 12.5 ity of their programs. Quality rating low income children and working fami- million. So if that group of children improvement systems, known by the lies, and for other purposes; to the who are eligible but not getting the acronym QRIS, such as the successful Committee on Health, Education, childcare assistance, if that were con- program in Pennsylvania, the Pennsyl- Labor, and Pensions. sidered a State, it would be about the vania STARS program, give providers Mr. CASEY. Mr. President, I rise fifth largest State in the country. benchmarks as well as resources to today to speak about our children and, So 13.5 million children who should continually improve the quality of more specifically, children from low-in- be getting help are not getting it care. come and working families across the through our childcare system. I wanted to share one story before I United States who need a good start in Childcare providers working hard conclude, a story about the powerful life and who need high-quality every day caring for and educating our impact of high quality childcare on childcare each and every day while children are barely paid above the pov- children and families. This story was their parents must earn a living. erty level, with little or no benefits. shared with our office by a childcare I believe that here in America every The average wage for a childcare work- provider from southeastern Pennsyl- child is born with a bright light shin- er is $9.05 an hour, which on an annual vania about a family I will not identify ing inside them, and it is our job as basis works out to $18,820, barely above to respect their privacy. One of the Senators to do everything we can, ev- the poverty level. Yet we charge them children was a 3-year-old boy. I will erything we can, to keep that light with the responsibility of caring for call him, for purposes of this presen- shining ever brightly. and nurturing and educating so many tation, Sammy. Sammy started in A child’s potential may be limited or of our children. childcare along with his older sister boundless, but whatever it is, every Finally, the last fact: parents must and younger brother when his mother child deserves the opportunity to be- struggle to afford childcare and face was evicted from her house following come the person they were born to be. impossible choices between losing their divorce. Sammy’s father did not pay Here in America, every child deserves jobs or leaving their children in less- child support but, luckily, Sammy’s high-quality childcare and early edu- than-ideal care. I believe the price for grandmother took them in. They all cation. holding down a good-paying job should lived in a tiny two-bedroom apartment.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3795 Dropoffs at the childcare center were we never hear much about, but they appropriations, and for other purposes; difficult for this young child. With all are literally life changing in impact. to the Committee on the Judiciary. the recent changes and trauma in his Increasing funding for childcare is Mr. LEAHY. Mr. President, today, I life, he was scared about his mother not only the right thing to do, it is the am pleased to introduce the bipartisan leaving. His mother would apologize to smart thing, especially for at-risk chil- Runaway and Homeless Youth Protec- dren and children from low-income the staff, saying she never worked be- tion Act of 2008 along with Senator fore and the children were not used to families. Research shows that high SPECTER, the ranking Republican on quality childcare helps low-income childcare. the Judiciary Committee. This legisla- The childcare worker always assured children enter school ready to succeed. tion would reauthorize and improve the Sammy’s mother that it was no prob- One study found that children in high Runaway and Homeless Youth Act, lem and that no apologies were nec- quality childcare demonstrated greater RHYA. The programs authorized dur- essary. Unfortunately, a few weeks mathematical ability and thinking and ing the past 30 years by the RHYA have later, Sammy’s mom showed up one attention skills and had fewer behav- consistently proven critical to pro- day in tears. She confided to the ioral problems than any other children tecting and giving hope to our Nation’s childcare worker that she had not been in second grade. I won’t put the entire runaway and homeless youth. able to find a job and was now so des- report in the RECORD, but the title of perate she had to use food stamps. She that first study is ‘‘The Children of the The prevalence of homelessness had gone to the store by bus, getting Cost, Quality and Outcome Study Go among young people in America is there through the public transit sys- to School.’’ This is a June 1999 report shockingly high. The problem is not tem. The cashier treated her dis- by the University of North Carolina at limited to large cities. Its impact is respectfully. Because of that, she was Chapel Hill, University of Colorado felt strongly in smaller communities understandably humiliated, and she Health Sciences Center, University of and rural areas as well. It affects our began to feel hopeless and afraid she California at Los Angeles, and Yale young people directly and reverberates would never find a job to support her University. Several others have men- throughout our families and commu- three children. But at that moment, tioned this, but other studies have nities. That this problem continues in when that mother was at her greatest shown that low-income children who the richest country in the world means need and when the family was in need, enroll in high quality early care and that we need to redouble our commit- the childcare center in southeastern education programs score higher on ment and our efforts to safeguard our Pennsylvania rallied around this moth- reading, vocabulary, math, and cog- Nation’s youth. We need to support the er and her children. Over the next 2 nitive tests, and are less likely to be dedicated people in communities across years the staff of the center encour- held back a grade or to be arrested as the country who work to address these aged and supported her while she found a youth, and are more likely to attend problems every day. a job, went back to school, and eventu- college than their peers who do not en- On April 29, the Senate Judiciary ally moved out of her mother’s house roll in such programs. Committee held a hearing to focus the Although the peace of mind for par- into an apartment of her own. Senate’s attention on these problems ents that comes from knowing their Her oldest daughter was very suc- and to identify and develop solutions children are well cared for cannot be cessful and attended school with the to protect runaway and homeless measured, the impact on stable em- center through first grade. She was youth. It was the first Senate hearing ployment can. Studies show that par- then evaluated for the gifted program on these matters in more than a dec- ents who receive childcare assistance when she went to public school and sec- ade. We heard from a distinguished are much more likely to remain in the ond grade. The youngest son blossomed panel of witnesses, some of whom workforce. The study I refer to that and made it through family growing spoke firsthand about the significant pains with little difficulty. Finally, made these findings is a briefing paper by the Economic Policy Institute challenges that young people face when Sammy had some problems, but they they have nowhere to go. were able to get the help needed be- which is entitled ‘‘Staying Employed cause of the generosity and commit- After Welfare.’’ The subheading is Our witnesses demonstrated that ment of the people who worked in this ‘‘Work supports and job quality vital young people can overcome harrowing childcare center. During that time the to employment tenure and wage obstacles and create new opportunities staff, led by the director, helped raise growth.’’ when given the chance. One witness Finally, there is no question that money for Christmas presents, doctors’ went from living as a homeless youth starting early and right is truly the bills, and Sammy’s mother’s applica- in his teens to earning two Oscar nomi- right thing to do. The evidence sup- tion to take her pharmacy assistant’s nations as a distinguished actor. An- porting high quality childcare is over- license exam. other witness is working with homeless When this childcare worker left the whelming and irrefutable. The evidence youth at the same Vermont organiza- center, Sammy’s mom told her what a tells us we can keep that bright light tion that enabled him to stop living on alive in the heart and soul of every profound difference the staff at the the streets and is on his way to great child. We can give them what they center had made in her life and in the things. Our witness panel gave useful need to get a good, solid start in their lives of her children. Like so many in and insightful suggestions on how to lives, if only we make that choice to our country, this group of skilled, car- improve the Runaway and Homeless support high quality childcare, if only ing, and professional early childhood Youth Act to make it more effective. we make that a priority. educators made it possible for this We have included many of these rec- I urge my colleagues in the Senate to ommendations in our bill. family to overcome so many obstacles. support this bill, the Starting Early, The childcare worker told our staff Starting Right Act. As of now nearly 50 The Justice Department estimated recently: national and State organizations that 1.7 million young people either [Sammy] is the kid I think about when across the country have endorsed this ran away from home or were thrown people ask me why I do what I do. legislation. They know, as so many of out of their homes in 1999. Another That is what that childcare worker us do, that investing in early care for study suggested a number closer to 2.8 said about her commitment to the care children is the right and the smart million in 2002. Whether the true num- of children and to that child and his thing to do. It is time we put our focus ber is one million or five million, family. This is what quality childcare and priorities back where they belong, young people become homeless for a can mean in the real world to a strug- on our children. In doing so, it will number of reasons, ranging from aban- gling family. It may be the difference help every child become the person donment to running away from an abu- between literally failure and success they were born to be. sive home to having no place to go for countless families. Sometimes it after being released from state care. An can mean sheer survival. This is one By Mr. LEAHY (for himself and estimated 40 to 60 percent of homeless example of childcare providers and Mr. SPECTER): children are expected to experience families such as Sammy’s all across S. 2982. A bill to amend the Runaway physical abuse, and 17 to 35 percent ex- the country. These are quiet victories and Homeless Youth Act to authorize perience sexual abuse while on the

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3796 CONGRESSIONAL RECORD — SENATE May 6, 2008 street, according to a report by the De- homeless youth population and would any part of the amount allotted under para- partment of Health and Human Serv- help lawmakers make better policy de- graph (1) to a State for a fiscal year will not ices. Homeless youth are also at great- cisions and allow communities to pro- be obligated before the end of the fiscal year, er risk of mental health problems. vide better outreach. the Secretary shall reallot such part to the remaining States for obligation for the fiscal While many receive vital services in In my home State of Vermont, the year.’’. their communities, others remain a Vermont Coalition for Runaway and hidden population, on the streets of our Homeless Youth, the New England Net- (b) ELIGIBILITY.—Section 312(b) of the Run- big cities and in rural areas like away and Homeless Youth Act (42 U.S.C. work for Child, Youth, and Family 5712(b)) is amended— Vermont. Services, and Spectrum Youth and (1) in paragraph (11) by striking ‘‘and’’ at The Runaway and Homeless Youth Family Services in Burlington all re- the end; Act is the way in which the Federal ceive grants under these programs and (2) in paragraph (12) by striking the period Government helps communities across have provided excellent services. In one and inserting ‘‘; and’’; and the country protect some of our most recent year, the street outreach pro- (3) by adding at the end the following: vulnerable children. It was first passed grams in Vermont served nearly 10,000 ‘‘(13) shall develop an adequate emergency the year I was elected to the Senate. young people. preparedness and management plan.’’. We have reauthorized it several times The overwhelming need for services SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM. since then, and working with Senator is not limited to any one state or com- (a) ELIGIBILITY.—Section 322(a) of the Run- SPECTER and Senators on both sides of munity. Many transitional living pro- away and Homeless Youth Act (42 U.S.C. the aisle, I hope that we will do so grams are forced to turn away young 5714–2(a)) is amended— again this year. While some have tried people seeking shelter. We heard testi- (1) in paragraph (1)— to end these programs, a bipartisan co- mony of an exemplary program within (A) by striking ‘‘indirectly’’ and inserting alition has worked to preserve and con- blocks of our nation’s Capitol that has ‘‘by contract’’; and tinue the good that is accomplished a waiting list as long as a year. This is (B) by striking ‘‘services’’ the first place it through them. I remember Senator unacceptable. The needs in our commu- appears and inserting ‘‘provide, directly or indirectly, services,’’; SPECTER’s efforts early in his Senate nities are real, and reauthorizing the career to preserve these programs when (2) in paragraph (2), by striking ‘‘a contin- law will allow these programs to ex- uous period not to exceed 540 days, except he chaired the Judiciary Committee’s pand their enormously important that’’ and all that follows and inserting the Subcommittee on Juvenile Justice. work. following: ‘‘a continuous period not to ex- The Runaway and Homeless Youth Act These topics are difficult but deserve ceed 635 days, except that a youth in a pro- and the programs it funds provide a our attention. Finding solutions to this gram under this part who has not reached 18 safety net that helps give young people growing problem is an effort we can all years of age on the last day of the 635-day period may, if otherwise qualified for the pro- a chance to build lives for themselves, support. I thank Senator SPECTER for gram, remain in the program until the ear- and helps reunite youngsters with their joining with me and urge all Senators families. Given the increasingly dif- lier of the youth’s 18th birthday or the 180th to support prompt passage of this bill. day after the end of the 635-day period;’’; ficult economic conditions being expe- Mr. President, I ask unanimous con- (3) in paragraph (14), by striking ‘‘and’’ at rienced by so many families around the sent that the text of the bill be printed the end; country, it is time to recommit our- in the RECORD. (4) in paragraph (15), by striking the period selves to these principles and pro- There being no objection, the text of and inserting ‘‘; and’’; and grams. the bill was ordered to be printed in (5) by adding at the end the following: ‘‘(16) to develop an adequate emergency Under the Runaway and Homeless the RECORD, as follows: Youth Act, every State receives a preparedness and management plan.’’. S. 2982 Basic Center grant to provide housing Be it enacted by the Senate and House of Rep- SEC. 5. GRANTS FOR RESEARCH EVALUATION, and crisis services for runaway and DEMONSTRATION, AND SERVICE resentatives of the United States of America in PROJECTS. homeless youth and their families. Congress assembled, Community-based groups around the SECTION 1. SHORT TITLE. Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714–23) is amended— country can also apply for funding This Act may be cited as the ‘‘Runaway (1) in subsection (b)— through the Transitional Living Pro- and Homeless Youth Protection Act’’. gram and the Sexual Abuse Prevention/ (A) in the matter preceding paragraph (1), SEC. 2. FINDINGS. by striking ‘‘give special consideration to’’ Street Outreach grant program. The Section 302 of the Runaway and Homeless transitional living program grants are and inserting ‘‘prioritize’’; Youth Act (42 U.S.C. 5701) is amended— (B) by redesignating paragraphs (2) used to provide longer-term housing to (1) by redesignating paragraphs (3), (4), and through (9) as paragraphs (3) through (10), re- homeless youth between the ages of 16 (5) as paragraphs (4), (5), and (6), respec- spectively; and and 21, and to help them become self- tively; and (C) by inserting after paragraph (1) the fol- sufficient. The outreach grants are (2) by inserting after paragraph (2) the following: used to target youth susceptible to en- lowing: ‘‘(2) positive youth development service de- ‘‘(3) services to such young people should gaging in high-risk behaviors while liv- livery methods, providing links to commu- be developed and provided using a positive nity services, promoting mental and physical ing on the street. youth development approach that ensures a Our bill makes improvements to the health development, enabling youth to ob- young person a sense of— tain and maintain housing after program Runaway and Homeless Youth Act re- ‘‘(A) safety and structure; completion, and developing self-sufficiency authorizations of past years. It doubles ‘‘(B) belonging and membership; competencies;’’ funding for States by instituting a ‘‘(C) self-worth and social contribution; (2) in subsection (c)— minimum of $200,000, which will allow ‘‘(D) independence and control over one’s (A) by inserting ‘‘for eligibility and selec- states to better meet the diverse needs life; and tion’’ after ‘‘priority’’; of their communities. This bill also re- ‘‘(E) closeness in interpersonal relation- (B) by striking ‘‘shall give’’ and inserting ships.’’. quires the Department of Health and the following: ‘‘shall—’’ Human Services to develop perform- SEC. 3. BASIC CENTER PROGRAM. ‘‘(A) give’’; (a) SERVICES PROVIDED.—Section 311 of the (C) by striking the period and inserting ‘‘; ance standards for grantees. Providing Runaway and Homeless Youth Act (42 U.S.C. and’’; and program guidelines would level the 5711) is amended— (D) by adding at the end the following: playing field for bidders, ensure con- (1) in subsection (a)(2)(B), by striking ‘‘(B) ensure that the applicants selected— sistency among providers, and increase clause (i) and inserting the following: ‘‘(i) are geographically representative of the effectiveness of the services under ‘‘(i) safe and appropriate shelter provided regions of the United States; and the Runaway and Homeless Youth Act. for not to exceed 21 days; and’’; and ‘‘(ii) carry out projects that serve diverse In addition, our legislation develops an (2) in subsection (b)(2)— populations of homeless youth.’’. incidence study to better estimate the (A) by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’; SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES. number of runaway and homeless (B) by striking ‘‘$45,000’’ and inserting youth and to identify trends. The inci- ‘‘$70,000’’; and Part D of the Runaway and Homeless dence study would provide more accu- (C) by adding at the end the following: Youth Act (42 U.S.C. 5714–21 et seq.) is rate estimates of the runaway and ‘‘Whenever the Secretary determines that amended by adding at the end the following:

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3797 ‘‘SEC. 345. PERIODIC ESTIMATE OF INCIDENCE ‘‘(1) Dissemination of educational informa- SEC. 9. CONFORMING AMENDMENTS. AND PREVALENCE OF YOUTH HOME- tion and materials through various media, (a) REPORTS.—Section 382(a) of the Run- LESSNESS. including television, radio, the Internet and away and Homeless Youth Act (42 U.S.C. ‘‘(a) PERIODIC ESTIMATE.—Not later than 2 related technologies, and emerging tech- 5715(a)) is amended by striking ‘‘, and E’’ and years after the date of enactment of the nologies. inserting ‘‘, E, and F’’. Runaway and Homeless Youth Protection ‘‘(2) Evaluation of the effectiveness of the (b) CONSOLIDATED REVIEW.—Section 385 of Act, and at 5-year intervals thereafter, the activities described in paragraphs (1) and (5). the Runaway and Homeless Youth Act (42 Secretary shall prepare, and submit to the ‘‘(3) Development of partnerships with na- U.S.C. 5731a) is amended by striking ‘‘, and Speaker of the House of Representatives and tional organizations concerned with youth E’’ and inserting ‘‘, E, and F’’. the President pro tempore of the Senate, a homelessness, community-based youth serv- (c) EVALUATION AND INFORMATION.—Section written report that— ice organizations, including faith-based orga- 386(a) of the Runaway and Homeless Youth ‘‘(1) contains an estimate, obtained by nizations, and government organizations to Act (42 U.S.C. 5732(a)) is amended by striking using the best quantitative and qualitative carry out the national awareness campaign. ‘‘, or E’’ and inserting ‘‘, E, or F’’. social science research methods available, of ‘‘(4) Conducting outreach activities to the incidence and prevalence of runaway and SEC. 10. PERFORMANCE STANDARDS. stakeholders and potential stakeholders in homeless individuals who are not less than 13 Part G of the Runaway and Homeless the national awareness campaign. years of age but less than 26 years of age; and Youth Act (42 U.S.C. 5714a et seq.), as redes- ‘‘(5) In accordance with applicable laws (in- ‘‘(2) includes with such estimate an assess- ignated by section 8, is amended by inserting cluding regulations), development and placement of the characteristics of such individ- after section 386 the following: ment in telecommunications media (includ- uals. ‘‘SEC. 386A. PERFORMANCE STANDARDS. ing the Internet and related technologies, ‘‘(b) CONTENT.—Each assessment required ‘‘(a) ESTABLISHMENT OF PERFORMANCE and emerging technologies) of public service by subsection (a) shall include— STANDARDS.—Not later than 1 year after the announcements that educate the public on— ‘‘(1) the results of conducting a survey of, date of enactment of the Runaway and ‘‘(A) the issues facing runaway and home- and direct interviews with, a representative Homeless Youth Protection Act, the Sec- less youth (including youth considering run- sample of runaway and homeless individuals retary shall issue rules that specify perform- ning away); and who are not less than 13 years of age but less ance standards for public and nonprofit pri- ‘‘(B) the opportunities that adults have to than 26 years of age to determine past and vate entities that receive grants under sec- assist youth described in subparagraph (A). current— tions 311, 321, and 351. ‘‘(c) PROHIBITIONS.—None of the amounts ‘‘(A) socioeconomic characteristics of such ‘‘(b) CONSULTATION.—The Secretary shall individuals; and made available to carry out this section may consult with representatives of public and ‘‘(B) barriers to such individuals obtain- be obligated or expended for any of the fol- nonprofit private entities that receive grants ing— lowing: under this title, including statewide and re- ‘‘(i) safe, quality, and affordable housing; ‘‘(1) To fund public service time that sup- gional nonprofit organizations (including ‘‘(ii) comprehensive and affordable health plants pro bono public service time donated combinations of such organizations) that reinsurance and health services; and by national or local broadcasting networks, ceive grants under this title, and national ‘‘(iii) incomes, public benefits, supportive advertising agencies, or production compa- nonprofit organizations concerned with services, and connections to caring adults; nies for the national awareness campaign, or youth homelessness, in developing the per- and to fund activities that supplant pro bono formance standards required by subsection ‘‘(2) such other information as the Sec- work for the national awareness campaign. (a). ‘‘(2) To carry out partisan political pur- retary determines, in consultation with ‘‘(c) IMPLEMENTATION OF PERFORMANCE poses, or express advocacy in support of or States, units of local government, and na- STANDARDS.—The Secretary shall integrate tional nongovernmental organizations con- opposition to any clearly identified can- the performance standards into the processes cerned with homelessness, may be useful. didate, clearly identified ballot initiative, or of the Department of Health and Human ‘‘(c) IMPLEMENTATION.—If the Secretary en- clearly identified legislative or regulatory Services for grantmaking, monitoring, and ters into any agreement with a non-Federal proposal. evaluation for programs under parts A, B, entity for purposes of carrying out sub- ‘‘(3) To fund advertising that features any and E.’’. elected official, person seeking elected of- section (a), such entity shall be a nongovern- SEC. 11. APPEALS. mental organization, or an individual, deter- fice, cabinet level official, or other Federal Part G of the Runaway and Homeless mined by the Secretary to have appropriate employee employed pursuant to section Youth Act (42 U.S.C. 5714a et seq.) as amend- expertise in quantitative and qualitative so- 213.3301 or 213.3302 of title 5, Code of Federal ed by section 10, is further amended by in- cial science research.’’. Regulations (or any corresponding similar serting after section 386A the following: SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM. regulation or ruling). Section 351(b) of the Runaway and Home- ‘‘(4) To fund advertising that does not con- ‘‘SEC. 386B. APPEALS. less Youth Act (42 U.S.C. 5714–41(b)) is tain a primary message intended to educate ‘‘(a) ESTABLISHMENT OF APPEAL PROCE- amended by inserting ‘‘public and’’ after the public on the issues and opportunities DURE.—Not later than 6 months after the ‘‘priority to’’. described in subsection (b)(5). date of enactment of the Runaway and SEC. 8. NATIONAL HOMELESS YOUTH AWARE- ‘‘(5) To fund advertising that solicits con- Homeless Youth Protection Act, the Sec- NESS CAMPAIGN. tributions from both public and private retary shall establish by rule an appeal pro- The Runaway and Homeless Youth Act (42 sources to support the national awareness cedure to enable applicants to obtain timely U.S.C. 5701 et seq.) is amended— campaign. reviews of the amounts of grants made, and (1) by redesignating part F as part G; and ‘‘(d) FINANCIAL AND PERFORMANCE AC- the denials of grants requested, under this (2) by inserting after part E the following: COUNTABILITY.—The Secretary shall cause to title. ‘‘PART F—NATIONAL HOMELESS YOUTH be performed— ‘‘(b) CONSULTATION.—The Secretary shall AWARENESS CAMPAIGN ‘‘(1) audits and examinations of records, re- consult with representatives of public and lating to the costs of the national awareness nonprofit private entities that receive grants ‘‘SEC. 361. NATIONAL HOMELESS YOUTH AWARE- under this title, including statewide and re- NESS CAMPAIGN. campaign, pursuant to section 304C of the gional nonprofit organizations (including ‘‘(a) IN GENERAL.—The Secretary shall, di- Federal Property and Administrative Serv- rectly or through grants or contracts, con- ices Act of 1949 (41 U.S.C. 254d); and combinations of such organizations) that re- duct a national homeless youth awareness ‘‘(2) audits to determine whether the costs ceive grants under this title, and national campaign (referred to in this section as the of the national awareness campaign are al- nonprofit organizations concerned with ‘national awareness campaign’) in accord- lowable under section 306 of such Act (41 youth homelessness, in developing the appeal ance with this section for purposes of— U.S.C. 256). procedure required by subsection (a).’’. ‘‘(1) increasing awareness of individuals of ‘‘(e) REPORT.—The Secretary shall include SEC. 12. DEFINITIONS. all ages, socioeconomic backgrounds, and ge- in each report submitted under section 382(a) (a) HOMELESS YOUTH.—Section 387(3) of the ographic locations, of the issues facing run- a summary of information about the na- Runaway and Homeless Youth Act (42 U.S.C. away and homeless youth (including youth tional awareness campaign that describes— 5732a(3)) is amended— considering running away); and ‘‘(1) the strategy of the national awareness (1) in the matter preceding subparagraph ‘‘(2) encouraging parents and guardians, campaign and whether specific objectives of (A), by striking ‘‘The’’ and all that follows educators, health care professionals, social the campaign were accomplished; through ‘‘means’’ and inserting ‘‘The term service professionals, law enforcement offi- ‘‘(2) steps taken to ensure that the na- ‘homeless’, used with respect to a youth, cials, stakeholders, and other community tional awareness campaign operated in an ef- means’’; and members to assist youth described in para- fective and efficient manner consistent with (2) in subparagraph (A)(ii), by striking graph (1) in averting or resolving runaway the overall strategy and focus of the na- ‘‘not less than 16 years of age’’ and inserting and homeless situations. tional awareness campaign; and ‘‘not less than 16 years of age and not more ‘‘(b) USE OF FUNDS.—Amounts made avail- ‘‘(3) all grants or contracts entered into than 21 years of age, except that nothing in able to carry out this section for the na- with a corporation, partnership, or indi- this clause shall prevent a participant who tional awareness campaign may only be used vidual working on the national awareness enters the program carried out under part B for the following: campaign.’’. prior to reaching 22 years of age from being

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3798 CONGRESSIONAL RECORD — SENATE May 6, 2008 eligible for the 635-day length of stay author- nate the requirement that wages must (b) TABLE OF CONTENTS.—The table of con- ized by section 322(a)(2); and’’. be earned in order to participate in tents for this Act is as follows: (b) RUNAWAY YOUTH.—Section 387 of the VA’s full-time on-job training, OJT, Sec. 1. Short title; table of contents. Runaway and Homeless Youth Act (42 U.S.C. Sec. 2. References to title 38, United States 5732a) is amended— program. Code. Title II would make changes to dis- (1) by redesignating paragraphs (4), (5), (6), TITLE I—EDUCATION BENEFITS ability claims adjudication, memorial and (7) as paragraphs (5), (6), (7), and (8), re- Sec. 101. Elimination of reporting require- spectively; and affairs, insurance and specially adapted ment for prior training. (2) by inserting after paragraph (3) the fol- housing. Specifically, it would explic- Sec. 102. Modification of waiting period be- lowing: itly authorize VA to stay temporarily fore affirmation of enrollment ‘‘(4) RUNAWAY YOUTH.—The term ‘runaway’, its adjudication of a pending claim be- in a correspondence course. used with respect to a youth, means an indi- fore a VA regional office or the Board Sec. 103. Elimination of change-of-program vidual who is less than 18 years of age and of Veterans’ Appeals, when a Federal application. who absents himself or herself from home or Circuit appeal on the relevant issue is Sec. 104. Elimination of wage earning requirement for self-employment a place of legal residence without the per- pending. It would also authorize the mission of a parent or legal guardian.’’. on-job training. Board to decide cases out of docket- SEC. 13. AUTHORIZATION OF APPROPRIATIONS. TITLE II—OTHER BENEFITS MATTERS number order when a case has been Section 388(a) of the Runaway and Home- Sec. 201. Staying of Claims. less Youth Act (42 U.S.C. 5751(a)) is amend- stayed or when there is sufficient evi- Sec. 202. Management of Board of Veterans’ ed— dence to decide a claim, but a claim Appeals Docket. (1) in paragraph (1)— with an earlier docket number is not Sec. 203. Authorization of memorial (A) by striking ‘‘is authorized’’ and insert- ready for decision. This title of the bill headstones and markers for de- ing ‘‘are authorized’’; would also extend full-time and family ceased remarried surviving (B) by striking ‘‘part E) $105,000,000 for fis- SGLI coverage to Individual Ready Re- spouses of veterans. cal year 2004’’ and inserting ‘‘parts E and F) servists. Sec. 204. Permanent authority for VA to fund $150,000,000 for fiscal year 2009’’; and Title III pertains to health care mat- contract medical disability ex- (C) by striking ‘‘2005, 2006, 2007, and 2008’’ ters, including nursing home care, con- aminations. and inserting ‘‘2010, 2011, 2012, and 2013’’; and Sec. 205. Modification of servicemembers’ (2) in paragraph (4)— tract-care payment, personnel pay and group life insurance coverage. (A) by striking ‘‘is authorized’’ and insert- disclosure of private information and Sec. 206. Authorization of Temporary Resi- ing ‘‘are authorized’’; and medical records. It would make perma- dence Assistance grants to cer- (B) by striking ‘‘such sums as may be nec- nent VA’s authority to provide non-in- tain active duty essary for fiscal years 2004, 2005, 2006, 2007, stitutional extended care services ei- servicemembers. and 2008’’ and inserting ‘‘$30,000,000 for fiscal ther directly, by contract, or by an- Sec. 207. Designation of VA Office of Small year 2009 and such sums as may be necessary other provider or payor. It would also Business Programs. for fiscal years 2010, 2011, 2012, and 2013’’; and extend VA’s obligation to provide nurs- TITLE III —- HEALTH CARE MATTERS (3) by adding at the end the following: ing home care to veterans with a serv- Sec. 301. Noninstitutional extended care ‘‘(5) PART F.—There is authorized to be ap- ice-connected disability rated at 70 per- services. propriated to carry out part F $3,000,000 for Sec. 302. Extensions of certain authorities. fiscal year 2009 and such sums as may be nec- cent or greater until December 31, 2013, Sec. 303. Permanent authority for veterans essary for fiscal years 2010, 2011, 2012, and and VA’s authority to establish non- who participated in certain 2013.’’. profit research corporations through chemical and biological testing the same date. This title would also re- conducted by the Department By Mr. AKAKA (by request): peal requirements that VA produce cer- of Defense. S. 2984. A bill to amend title 38, tain reports and make permanent VA’s Sec. 304, Repeal of certain annual reporting United States Code, to expand and en- authority to assign enrollment priority requirements. hance veterans’ benefits, and for other Sec. 305. Amendments to annual Gulf War re- category 6 to those veterans who par- search report. purposes; to the Committee on Vet- ticipated in chemical and biological Sec. 306. Payment for care furnished by erans’ Affairs. warfare testing at DOD’s Deseret Test CHAMPVA beneficiaries. Mr. AKAKA. Mr. President, today I Center from 1962 to 1973. Sec. 307. Payor provisions for care furnished introduce legislation requested by the The fourth and final title of this bill to certain children of Vietnam Secretary of Veterans Affairs, as a would permit VA police officers to veterans. courtesy to the Secretary. Except in carry firearms and conduct investiga- Sec. 308. Disclosures from certain medical records. unusual circumstances, it is my prac- tions of crimes that occurred on VA Sec. 309. Provision of health-plan contract tice to introduce legislation requested property, while off VA property in an information and Social Secu- by the Administration so that such official capacity. It also would increase rity number. measures will be available for review the uniform allowance of VA police of- TITLE IV—MISCELLANEOUS PROVISIONS and consideration. ficers, to ensure they do not have to Sec. 401. Expansion of authority for Depart- The Veterans’ Benefits Enhancement pay out-of-pocket for uniform mainte- ment of Veterans Affairs police Act of 2008 consists of several provi- nance. Finally, it would raise the officers. sions addressing a range of VA care and threshold for congressional authoriza- Sec. 402. Uniform allowance for Department services. Title I entails adjustments to tion for major medical facility leases of Veterans Affairs police offi- education benefits currently offered by from $600,000 to $1,000,000. cers. Sec. 403. Increase in threshold for major VA. Title II addresses disability claims I am introducing this bill for the review and consideration of my col- medical facility leases requir- adjudication, memorials affairs, insuring Congressional approval. leagues at the request of the Adminis- ance and specially adapted housing. SEC. 2. REFERENCES TO TITLE 38, UNITED Title III addresses health care matters, tration. As Chairman of the Committee STATES CODE. including nursing home care, contract- on Veterans’ Affairs, I have not taken Except as otherwise expressly provided, care payment, personnel pay and dis- a position on this legislation. whenever in this Act an amendment or re- closure of private information and Mr. President, I ask unanimous con- peal is expressed in terms of an amendment medical records. Title IV addresses VA sent that the text of the bill and a let- or repeal to a section or other provision, the ter of support be printed in the reference shall be considered to be made to a police officers and VA medical facility section or other provision of title 38, United leases. RECORD. There being no objection, the mate- States Code. Title I of the bill would make several TITLE I—EDUCATION MATTERS administrative and housekeeping rial was ordered to be printed in the RECORD, as follows: SEC. 101. ELIMINATION OF REPORTING REQUIRE- changes to VA’s education programs, MENT FOR PRIOR TRAINING. S. 2984 allowing for faster and more efficient Section 3676(c)(4) is amended by striking claims adjudication. Among other Be it enacted by the Senate and House of Rep- ‘‘and the Secretary’’. resentatives of The United States of America in changes, this title would eliminate the SEC. 102. MODIFICATION OF WAITING PERIOD BE- Congress assembled, requirement that a student file an ap- FORE AFFIRMATION OF ENROLL- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. MENT IN A CORRESPONDENCE plication with VA upon changing his or (a) SHORT TITLE.—This Act may be cited as COURSE. her program of study while remaining the ‘‘Veterans’ Benefits Enhancement Act of Section 3686(b) is amended by striking enrolled at the same school and elimi- 2008’’. ‘‘ten’’ and inserting ‘‘five’’.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3799 SEC. 103. ELIMINATION OF CHANGE-OF-PROGRAM for any reason and the later case is fully de- on June 5, 2001, immediately after the enact- APPLICATION. veloped and ready for decision’’. ment of the Veterans’ Survivor Benefits Im- Section 3691(d) is amended— (b) EFFECTIVE DATE.—The amendment provements Act of 2001 (Public Law 107–14; (1) by inserting ‘‘(1)’’ following ‘‘another made by subsection (a) of this section shall 115 Stat. 25). program if—’’; apply to— (4) The amendment made by subsection (d) (2) by redesignating paragraphs (1), (2), (3), (1) any claim for benefits under a law ad- of this section shall apply with respect to and (4) as subparagraphs (A), (B), (C), and ministered by the Secretary of Veterans Af- any act of mutiny, treason, spying, or deser- (D); fairs that is received by the Department of tion committed on or after the date of enact- (3) at the end of subparagraph (C), as redes- Veterans Affairs on or after the date of en- ment of this Act for which a person is found ignated by paragraph (2) of this section, by actment of this Act; and guilty, or with respect to refusal because of striking ‘‘or’’; and (2) any claim for such benefits that was re- conscientious objections to perform service (4) by striking the period and inserting ceived by the Department of Veterans Af- in, or to wear the uniform of, the United ‘‘;or fairs before the date of enactment of this Act States Armed Forces on or after the date of ‘‘(2) the change from one program to an- but is not finally adjudicated by the Depart- enactment of this Act. other is at the same educational institution ment as of that date. SEC. 206. PERMIT VA TO PROVIDE TEMPORARY and that educational institution finds that SEC. 203. AUTHORIZATON OF MEMORIAL RESIDENCE ASSISTANCE GRANTS TO the new program is suitable to the veteran’s HEADSTONES AND MARKERS FOR CERTAIN ACTIVE DUTY or person’s aptitudes, interests, and abilities DECEASED REMARRIED SURVIVING SERVICEMEMBERS. as shall be evidenced by its certification to SPOUSES OF VETERANS. Section 2101(c) is amended to read as fol- the Secretary of such veteran’s or person’s (a) IN GENERAL.—Section 2306(b)(4)(B) is lows: enrollment in the new program.’’ amended by striking ‘‘an unremarried sur- ‘‘(c) The Secretary may provide assistance viving spouse whose subsequent remarriage under this chapter to a member of the Armed ‘‘In the case of a change of program de- Forces serving on active duty who is suf- scribed in paragraph (2), the veteran or per- was terminated by death or divorce’’ and inserting ‘‘a surviving spouse who had a subse- fering from a disability described in this sec- son will not be required to apply to the Sec- tion if such disability is the result of an in- retary for approval of such change.’’. quent remarriage’’. (b) EFFECTIVE DATE.—The amendments jury incurred or disease contracted in or ag- SEC. 104. ELIMINATION OF WAGE EARNING RE- made by this section shall apply to deaths gravated in line of duty in the active mili- QUIREMENT FOR SELF-EMPLOY- tary, naval, or air service. Such assistance MENT ON-JOB TRAINING. occurring on or after the date of the enact- shall be provided to the same extent, and Section 3677(b) is amended by adding at the ment of this Act. subject to the same limitations, as assist- end the following new paragraph: SEC. 204. PERMANENT AUTHORITY FOR VA TO ance is provided to veterans under this chap- ‘‘(3) The requirement for certification FUND CONTRACT MEDICAL DIS- ter.’’. under paragraph (1) shall not apply to train- ABILITY EXAMINATIONS. ing described in section 3452(e)(2).’’. REPEAL OF EXPIRATION OF AUTHORITY TO SEC. 207. DESIGNATON OF VA OFFICE OF SMALL FUND CONTRACT MEDICAL EXAMINATIONS BUSINESS PROGRAMS. TITLE II—OTHER BENEFITS MATTERS USING APPROPRIATED FUNDS.—Section 704 of The Office of Small Business Programs of SEC. 201. STAYING OF CLAIMS. the Veterans Benefits Act of 2003 (Public the Department of Veterans Affairs is the of- (a) IN GENERAL.—Chapter 5 is amended by Law 108–183; 117 Stat. 2651; 38 U.S.C. 5101 fice that is established within the Office of inserting before section 502 the following note), is amended— the Secretary of Veterans Affairs under sec- new section: (1) by striking subsection (c); tion 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Busi- § 501A. Staying of claims (2) by redesignating subsection (d) as subsection (c); and ness Programs is the head of such office. ‘‘(a) Notwithstanding any other provision (3) by striking ‘‘TEMPORARY’’ from the TITLE III—HEALTH CARE MATTERS of this title, the Secretary may temporarily heading of section 704. stay the adjudication of a claim or claims SEC. 301. NONINSTITUTIONAL EXTENDED CARE SEC. 205. MODIFICATION OF SERVICEMEMBERS’ SERVICES. before the Board of Veterans’ Appeals or an GROUP LIFE INSURANCE COVERAGE. (a) Section 1701(10) is repealed. agency of original jurisdiction when the Sec- (a) EXPANSION OF SERVICEMEMBERS’ GROUP (b) Section 1701(6) is amended— retary determines that the stay is necessary LIFE INSURANCE TO INCLUDE CERTAIN MEM- (1) by redesignating subparagraphs (E) and to preserve the integrity of a program ad- BERS OF INDIVIDUAL READY RESERVE.— (F) as (F) and (G), respectively; and ministered under this title. (1) In general—Subparagraph (C) of section (2) by adding the following new subpara- ‘‘(b) The Secretary shall issue regulations 1967(a)(1) is amended by striking ‘‘section graph (E): describing the factors the Secretary will 1965(5)(B) of this title’’ and inserting ‘‘sub- ‘‘(E) Noninstitutional extended care serv- consider in determining whether and to what paragraph (B) or (C) of section 1965(5) of this ices, including alternatives to institutional extent a stay is warranted. title’’. extended care which the Secretary may fur- ‘‘(c) A claimant or claimants may petition (2) CONFORMING AMENDMENTS.— nish (i) directly. (ii) by contract, or (iii) for review of an action under a regulation (A) Subparagraph (C) of section 1967(a)(5) is (through provision of case management) by prescribed in accordance with this section. amended by striking ‘‘section 1965(5)(B) of another provider or payor.’’. Such review may be sought only in the this title’’ and inserting ‘‘subparagraph (B) SEC. 302. EXTENSIONS OF CERTAIN AUTHORI- United States Court of Appeals for the Fed- or (C) of section 1965(5) of this title’’; and TIES. eral Circuit, which may set aside such action (B) Subparagraph (B) of section 1969(g)(1) is (a) NURSING HOME CARE.—Subsection (c) of if it determines that the action is arbitrary amended by striking ‘‘section 1965(5)(B) of section 1710A is amended by striking ‘‘De- and capricious.’’. this title’’ and inserting ‘‘subparagraph (8) or cember 31, 2008’’ and inserting ‘‘December 31, (b) CLERICAL AMENDMENT.—The table of (C) of section 1965(5) of this title’’. 2013’’. sections at the beginning of such chapter is (b) REDUCTION IN PERIOD OF DEPENDENTS’ (b) RESEARCH CORPORATIONS.—Section 7368 amended by inserting after the item relating COVERAGE AFTER MEMBER SEPARATES.—Sec- is amended by striking ‘‘December 31, 2008’’ to section 501 the following new item: ‘‘501A. tion 1968(a)(5)(B)(ii) is amended by striking and inserting ‘‘December 31, 2013’’. Staying of claims.’’. ‘‘120 days after’’. (c) RECOVERY AUDITS.—Section 1703(d) is (c) EFFECTIVE DATE.—The provisions of (c) AUTHORITY TO SET PREMIUMS FOR READY amended in paragraph (4) by striking ‘‘Sep- section 501A, as added by subsection (a) of RESERVISTS’ SPOUSES.—Section 1969(g)(1)(B) tember 30, 2008’’ and inserting ‘‘September this section, shall apply to— is amended by striking ‘‘(which shall be the 30, 2013’’. (1) any claim for benefits under any law ad- same for all such members)’’. SEC. 303. PERMANENT AUTHORITY FOR VET- ERANS WHO PARTICIPATED IN CER- ministered by the Secretary of Veterans Af- (d) FORFEITURE OF VETERANS’ GROUP LIFE TAIN CHEMICAL AND BIOLOGICAL fairs that is received by the Department of INSURANCE.—Section 1973 is amended by Veterans Affairs on or after the date of en- TESTING CONDUCTED BY THE DE- striking ‘‘under this subchapter’’ and insert- PARTMENT OF DEFENSE. actment of this Act; and ing ‘‘and Veterans Group Life Insurance Subsection (e) of section 1710 is amended (2) any claim for such benefits that was re- under this subchapter’’. by striking paragraph (3)(D). ceived by the Department of Veterans Af- (e) EFFECTIVE AND APPLICABILITY DATES.— fairs before the date of enactment of this Act SEC. 304. REPEAL OF CERTAIN ANNUAL REPORT- (1) The amendments made in subsection (a) ING REQUIREMENTS. but is not finally adjudicated by the Depart- of this section shall take effect on the date (a) NURSE PAY REPORT.—Section 7451 is ment as of that date. of enactment of this Act. amended— SEC. 202. MANAGEMENT OF BOARD OF VET- (2) The amendment made by subsection (b) (1) by striking subsection (f); and ERANS’ APPEALS DOCKET. of this section shall apply with respect to (2) by redesignating subsection (g) as sub- (a) IN GENERAL.—Section 7107(a)(1) is Servicemembers’ Group Life Insurance cov- section (f). amended by inserting before the period at erage for an insurable dependent of a mem- (b) LONG-TERM PLANNING REPORT.—Section the end the following: ‘‘, but the Board may ber, as defined in section 1965(10) of title 38, 8107 is repealed. consider and decide a particular case before United States Code, that begins on or after SEC. 305. AMENDMENTS TO ANNUAL GULF WAR another case with an earlier docket number the date of enactment of this Act. RESEARCH REPORT. if the earlier case has been stayed, or if a de- (3) The amendment made by subsection (c) Section 707 of the Persian Gulf War Vet- cision on the earlier case has been delayed of this section shall take effect as if enacted erans’ Health Status Act (title VII of Public

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3800 CONGRESSIONAL RECORD — SENATE May 6, 2008 Law 102–585; 106 Stat. 4943; 38 U.S.C. 527 note) ‘‘(F)(i) To a representative of a patient who (1) in subsection (a)— is amended in subsection (c)(1), by striking lacks decision-making capacity, when a (A) by amending paragraph (1) to read as ‘‘Not later than March 1 of each year’’ and practitioner deems the content of the given follows: inserting ‘‘Not later than July 1, 2008, and record necessary for that representative to ‘‘(1) Employees of the Department who are July 1 of each of the five following years’’. make an informed decision regarding the pa- Department police officers shall, with re- SEC. 306. PAYMENT FOR CARE FURNISHED TO tient’s treatment. spect to acts occurring on Department prop- CHAMPVA BENEFICIARIES. ‘‘(ii) In this subparagraph, the term ‘rep- erty— Section 1781 is amended at the end by add- resentative’ means an individual, organiza- ‘‘(A) enforce Federal laws; ing the following new subsection: tion or other body authorized under section ‘‘(B) enforce the rules prescribed under sec- ‘‘(e) Payment by the Secretary under this 7331 of this title and its implementing regu- tion 901 of this title; section on behalf of a covered beneficiary for lations to give informed consent on behalf of ‘‘(C) enforce traffic and motor vehicle laws medical care shall constitute payment in full a patient who lacks decision-making capac- of a state or local government within the ju- and extinguish any liability on the part of ity.’’. risdiction of which such Department prop- the beneficiary for that care.’’. SEC. 309. PROVISION OF HEALTH-PLAN CON- erty is located as authorized by an express SEC. 307. PAYOR PROVISIONS FOR CARE FUR- TRACT INFORMATION AND SOCIAL grant of authority under applicable state or NISHED TO CERTAIN CHILDREN OF SECURITY NUMBER. local law. Any such enforcement shall be by VIETNAM VETERANS. Subchapter I of Chapter 17 of title 38, issuance of a citation for violation of such (a) CHILDREN OF VIETNAM VETERANS BORN United States Code, is amended— law; WITH SPINA BIFIDA.—Section 1803 is amend- (1) by adding at the end the following new ‘‘(D) carry the appropriate VA-issued weap- ed— section: ons, including firearms, while off Depart- (1) by redesignating subsection (c) as (d); § 1709. Provision of health-plan contract in- ment property in an official capacity or and formation and social security number while in an official travel status; (2) by inserting new subsection (c) as fol- ‘‘(a) Any individual who applies for or is in ‘‘(E) conduct investigations, on and off De- lows: receipt of any hospital, nursing home, or partment property, of offenses that may ‘‘(c) Where payment by the Secretary have been committed on property under the under this section is less than the amount of domiciliary care; medical, rehabilitative, or preventive health services; or other medical original jurisdiction of VA, consistent with the charges billed, the health care provider agreements or other consultation with af- or agent of the health care provider may care under laws administered by the Sec- retary shall, at the time of such application, fected local, state, or Federal law enforce- seek payment for the difference between the ment agencies; and amount billed and the amount paid by the or otherwise when requested by the Sec- retary, furnish the Secretary with such cur- ‘‘(F) carry out, as needed and appropriate, Secretary from a responsible third party to the duties described in subparagraphs (A)–(E) the extent that the provider or agent thereof rent information as the Secretary may require to identify any health-plan contract, of this subsection when engaged in duties au- would be eligible to receive payment for such thorized by other Federal statutes.’’. care or services from such third party, but— as defined in section 1729 (i)(1) of this title, under which such individual is covered, to (B) by striking paragraph (2) and renum- ‘‘(1) the health care provider or agent for bering paragraph (3) as paragraph (2) and the health care provider may not impose any include, as applicable, the name, address, and telephone number of such health-plan adding ‘‘, and on any arrest warrant issued additional charge on the beneficiary who re- by competent judicial authority’’ before the ceived the medical care, or the family of contract; the name of the individual’s spouse, if the individual’s coverage is under period. such beneficiary, for any service or item for (2) by amending subsection (c) to read: which the Secretary has made payment the spouse’s health-plan contract; the plan number, and the plan’s group code. ‘‘(c) The powers granted to Department po- under this section; lice officers designated under this section ‘‘(2) the total amount of payment a pro- ‘‘(b) Any individual who applies for or is in shall be exercised in accordance with guide- vider or agent of the provider may receive receipt of any hospital, nursing home, or lines approved by the Secretary and the At- for care and services furnished under this domiciliary care; medical, rehabilitative, or torney General.’’. section may not exceed the amount billed to preventive health services; or other medical the Secretary; and care and services under laws administered by SEC. 402. UNIFORM ALLOWANCE FOR DEPART- ‘‘(3) the Secretary, upon request, shall dis- the Secretary shall, at the time of such ap- MENT OF VETERANS AFFAIRS PO- LICE OFFICERS. close to such third party information re- plication, or otherwise when requested by Section 903 is amended— ceived for the purposes of carrying out this the Secretary, furnish the Secretary with (1) by striking the matter in subsection (b) section.’’. the individual’s social security number and and inserting: (b) CHILDREN OF WOMEN VIETNAM VETERANS the social security number of any dependent ‘‘(b) The amount of the allowance that the BORN WITH BIRTH DEFECTS.— Section 1813 is or Department of Veterans Affairs’ bene- Secretary may pay under this section will be amended— ficiary on whose behalf, or based upon whom, the lesser of— (1) by redesignating subsection (c) as sub- such individual applies for or is in receipt of ‘‘(1) the amount currently allowed as pre- section (d); and such benefit. This subsection does not re- scribed by the Office of Personnel Manage- (2) by inserting new subsection (c) as fol- quire an individual to furnish the Secretary ment; or lows: with a social security number for any indi- ‘‘(2) estimated costs or actual costs as de- ‘‘(c) Where payment by the Secretary vidual to whom a social security number has termined by periodic surveys conducted by under this section is less than the amount of not been assigned. the charges billed, the health care provider ‘‘(c) The Secretary shall deny the individ- the Department. ‘‘During any fiscal year no officer will re- or agent of the health care provider may ual’s application for, or may terminate the ceive more than the amount established seek payment for the difference between the individual’s enrollment in, the system of pa- under this subsection.’’. amount billed and the amount paid by the tient enrollment established by the Sec- (2) by striking the matter in subsection (c) Secretary from a responsible third party to retary under section 1705 of this title, if the and inserting: the extent that the health care provider or individual does not provide the social secu- ‘‘(c) The allowance established under sub- agent thereof would be eligible to receive rity number required or requested to be fur- section (b) shall be paid at the beginning of payment for such care or services from such nished pursuant to subsection (b) of this sec- a Department police officer’s employment third party, but— tion. The Secretary, following such denial or for those appointed on or after October 1, ‘‘(1) the health care provider or agent for termination, may, upon receipt of the infor- 2008. In the case of any other Department po- the health care provider may not impose any mation required or requested under sub- lice officer, an allowance in the amount es- additional charge on the beneficiary who re- section (b), approve the individual’s applica- tablished under subsection (b) shall be paid ceived medical care, or the family of such tion or reinstate the individual’s enrollment upon the request of the officer. beneficiary, for any service or item for which (if otherwise in order), for such medical care the Secretary has made payment under this and services provided on and after the date SEC. 403. INCREASE IN THRESHOLD FOR MAJOR section; MEDICAL FACILITY LEASES REQUIR- of such receipt of information. ING CONGRESSIONAL APPROVAL. ‘‘(2) the total amount of payment a pro- ‘‘(d) Nothing in this section shall be con- Section 8104(a)(3)(B) is amended by strik- vider or agent of the provider may receive strued as authority to deny medical care and ing ‘‘$600,000’’ and inserting ‘‘$1,000,000’’. for care and services furnished under this treatment to an individual in a medical section may not exceed the amount billed to emergency.’’. the Secretary; and (2) by amending the table of sections for THE SECRETARY ‘‘(3) the Secretary, upon request, shall dis- such subchapter by adding at the end thereof OF VETERANS AFFAIRS, close to such third party information re- the following new item: § 1709. Provision of Washington, April 25, 2008. ceived for the purposes of carrying out this health-plan contract information and social Hon. NANCY PELOSI, section.’’. security number.’’ Speaker of the House of Representatives, Washington, DC. SEC. 308. DISCLOSURES FROM CERTAIN MEDICAL TITLE IV—MISCELLANEOUS PROVISIONS RECORDS. SEC. 401. EXPANSION OF AUTHORITY FOR DE- DEAR MADAM SPEAKER: We are transmit- Section 7332(b)(2) of such title is amended PARTMENT OF VETERANS AFFAIRS ting the ‘‘Veterans’ Benefits Enhancement by adding at the end thereof the following POLICE OFFICERS. Act of 2008,’’ a draft bill ‘‘[t]o amend title 38, new subparagraph: Section 902 is amended— United States Code, to expand and enhance

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3801 veterans’ benefits, and for other purposes.’’ ed ethical standards for informed consent. In constitutional amendment in the history of The Department of Veterans Affairs (VA) re- its report, Disclosing Patients’ Protected the United States and the only ratification quests that the bill be referred to the appro- Health Information to Surrogates (February of a constitutional amendment ever decided priate committee for prompt consideration 2005), VHA’s National Ethics Committee con- by State conventions pursuant to Article V and enactment. cluded that, in light of significant legal proof the Constitution; VA’s draft bill contains four titles that ad- tections now in place regarding employment Whereas alcohol is the only product in dress improvements to education, health discrimination based on personal health sta- commerce in the United States that has been care, and other benefits, as well as other tus and the confidentiality of personal the subject of 2 constitutional amendments; miscellaneous matters. Enclosed please find health information, the current section 7332 Whereas Congress’s reenactment in 1935 of a section-by-section analysis, which includes prohibition against the disclosure of clini- the Act entitled ‘‘An Act divesting intoxi- cost estimates. cally-relevant medical information to surro- cating liquors of their interstate character The provisions of title I dealing with edu- gate decision makers is no longer justifiable. in certain cases’’, approved March 1, 1913 cation matters would eliminate the require- Moreover, the Committee concluded that 38 (commonly known as the Webb-Kenyon Act) ment that certain institutions report to VA U.S.C. § 7332 places clinicians in the ethically (27 U.S.C. 122), and the enactment of the Fed- any credit granted a student for prior train- untenable position of being required to ob- eral Alcohol Administration Act (27 U.S.C. ing, modify the waiting period before affir- tain informed consent from the surrogate de- 201 et seq.), section 2004 of Aimee’s Law (27 mation of enrollment in a program pursued cision maker on behalf of a patient who U.S.C. 122a) (relating to 21st amendment en- exclusively by correspondence, eliminate the lacks decision-making capacity, while being forcement), the Sober Truth on Preventing requirement that an individual report to VA unable to disclose to the surrogate this sig- for approval a second change of program pur- Underage Drinking Act (Public Law 109–422; nificant clinical information without which 120 Stat. 2890), and annual appropriations to sued while enrolled at the same institution, there can be no full and informed consent. and eliminate the wage-earning requirement support State enforcement of underage Key provisions of Title IV of the draft bill drinking laws demonstrate a longstanding for self-employment on-job training. would make long-needed improvements to Title II of the draft bill deals with mis- and continuing intent on the part of Con- VA’s Security and Law Enforcement Pro- cellaneous provisions that would permit VA gress that States should exercise their pri- gram, and enable our police officers to more to stay temporarily its adjudication of mary authority to achieve temperance, the fully perform all of the duties required of claims while awaiting pending court deci- creation and maintenance of orderly and sta- their law enforcement positions. sions, clarify that the Board of Veterans’ Ap- ble markets with respect to alcoholic bev- The Office of Management and Budget ad- peals may decide certain cases out of docket- erages, and the facilitation of the efficient vises that transmission of this legislative number order, permit VA to furnish a memo- collection of taxes; package is in accord with the President’s rial headstone or marker for certain de- Whereas the legislatures and alcoholic bev- program. ceased surviving spouses of veterans, make erage control agencies of the 50 States have An identical letter has been sent to the permanent VA authority to contract for worked diligently to implement the powers President of the Senate. medical disability examinations, modify granted by the 21st amendment for 75 years Sincerely yours, servicemembers’ group life insurance cov- and to ensure the creation and maintenance JAMES B. PEAKE. erage, permit VA to provide Temporary Resi- of State-based regulatory systems for alco- dence Assistance grants to certain active- f hol distribution made up of producers, im- duty servicemembers, and designate the of- porters, wholesale distributors, and retailers; fice required to be established by the Small SUBMITTED RESOLUTIONS Whereas the development of a transparent Business Act (15 U.S.C. § 644(k)) as the Office and accountable system for the distribution of Small Business Programs. and sale of alcoholic beverages, an orderly Title III addresses a number of significant SENATE RESOLUTION 551—CELE- market, temperance in consumption and health care matters. One of the major provi- BRATING 75 YEARS OF SUCCESS- sales practices, the efficient collection of sions would authorize the Secretary to re- FUL STATE-BASED ALCOHOL taxes, and other essential policies have been quire that recipients of, and applicants for, REGULATION successfully guided by the collective experi- medical care and services provide their ence and cooperation of government agencies health-plan contract information and social Mr. BAUCUS (for himself and Mr. and licensed industry members throughout security numbers upon request. This would BARRASSO) submitted the following res- the geographically and culturally diverse allow VA to enhance revenue collection from olution; which was referred to the Nation; health insurance carriers and ensure the ac- Committee on the Judiciary: Whereas regulated commerce in alcoholic curate identification of medical care appli- beverages annually contributes billions of S. RES. 551 cants by a single unique identifier, thus fa- dollars in Federal and State tax revenues cilitating VA medical care eligibility deter- Whereas, throughout the history of the and additional billions to the United States minations. United States, alcohol has been consumed by economy and supports the employment of Other key provisions of title III would pro- the people of the United States and has been millions of people in the United States in vide for several needed program extensions, regulated by government; more than 2,500 breweries, distilleries, Whereas, before the passage of the 18th including the Department’s mandate to pro- wineries, and import companies, more than amendment to the Constitution of the vide nursing home care to veterans with 2,700 wholesale distributor facilities, more United States (commonly known as ‘‘Na- service-connected disabilities of 70 percent than 530,000 retail outlets, and numerous ag- tional Prohibition’’), abuses and insufficient or greater and to those who need such care ricultural, packaging, and transportation regulation resulted in irresponsible over- for the treatment of a service-connected dis- businesses; consumption of alcohol; ability. Another provision of title III would Whereas the United States system of Whereas the passage of the 18th amend- allow VA to establish additional nonprofit State-based alcohol regulation has resulted ment, which prohibited ‘‘the manufacture, research corporations. There is also a meas- in a marketplace with unprecedented choice, sale, or transportation of intoxicating liq- ure to extend VA’s authority to conduct its variety, and selection for consumers; audit-recovery program, which assists in uors’’ in the United States, resulted in a dra- Whereas members of the licensed alcoholic identifying erroneous payments or overpay- matic increase in illegal activity, including beverage industry have been constant partments made under fee-basis contracts or unsafe black market alcohol production, a ners with Federal and State governments in other medical services contracts. The audit growth in organized crime, and increasing balancing the conduct of competitive busi- program has achieved notable success in the noncompliance with alcohol laws; nesses with the need to control alcohol in amounts recovered. All of these are impor- Whereas the platforms of the 2 major polit- order to provide consumers in the United tant authorities that should not be allowed ical parties in the 1932 presidential campaign States with a safe and regulated supply of al- to lapse. advocated ending National Prohibition by re- We also propose to amend 38 U.S.C. § 7332 to pealing the 18th amendment; coholic beverages; and allow VA providers to disclose information Whereas, on February 20, 1933, the second Whereas members of the licensed alcoholic related to a patient’s treatment of drug session of the 72nd Congress submitted to beverage industry have created and sup- abuse, alcoholism and alcohol abuse, infec- conventions of the States the question of reported a wide range of national, State, and tion with the human immunodeficiency pealing the 18th amendment and adding new community programs to address problems virus, and sickle cell anemia to that pa- language to the Constitution requiring the associated with alcohol abuse, including tient’s authorized surrogate when the pa- transportation or importation of alcoholic drunk driving and underage drinking: Now, tient lacks decision-making capacity but has beverages for delivery or use in any State to therefore, be it not expressly authorized the release of that be carried out in compliance with the laws of Resolved, That the Senate— information to that surrogate. The terms of that State; (1) celebrates 75 years of effective State- the provision are very narrowly drawn to Whereas, on December 5, 1933, Utah became based alcohol regulation since the passage of permit disclosure of this information only the 36th State to approve what became the the 21st amendment to the Constitution of when clinically relevant to the treatment 21st amendment to the Constitution of the the United States; decision that the surrogate is being asked to United States, making the ratification of the (2) commends State lawmakers, regulators, make and are consistent with widely-accept- 21st amendment the fastest ratification of a law enforcement officers, the public health

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3802 CONGRESSIONAL RECORD — SENATE May 6, 2008 community, and industry members for suc- SENATE RESOLUTION 553—CON- S. CON. RES. 79 cessful collaboration in achieving a work- GRATULATING CHARLES COUN- Whereas Focus: HOPE began as a civil and able, legal, and successful system for the dis- TY, MARYLAND, ON THE OCCA- human rights organization in 1968 in the tribution and sale of alcoholic beverages; and SION OF ITS 350TH ANNIVER- wake of the devastating Detroit riots, and (3) reaffirms the continued support of the SARY was cofounded by the late Father William T. Senate for policies that allow States to ef- Cunningham, a Roman Catholic priest, and fectively regulate alcohol. Mr. CARDIN (for himself and Ms. MI- Eleanor M. Josaitis, a suburban housewife, KULSKI) submitted the following resolu- who were inspired by the work of Dr. Martin f tion; which was considered and agreed Luther King, Jr.; to: Whereas Focus: HOPE is committed to bringing together people of all races, faiths, S. RES. 553 SENATE RESOLUTION 552—RECOG- and economic backgrounds to overcome in- NIZING THE 150TH ANNIVERSARY Whereas 2008 marks the 350th anniversary justice and build racial harmony, and it has OF THE STATE OF MINNESOTA of the establishment of Charles County, grown into one of the largest nonprofit orga- Maryland, a historic and memorable event nizations in Michigan; Mr. COLEMAN (for himself and Ms. that will be commemorated throughout the Whereas the Focus: HOPE mission state- KLOBUCHAR) submitted the following year; ment reads, ‘‘Recognizing the dignity and resolution; which was considered and Whereas Charles County was chartered in beauty of every person, we pledge intelligent agreed to: 1658 and named after Charles Calvert, a royal and practical action to overcome racism, proprietor of the colony of Maryland; poverty and injustice. And to build a metro- S. RES. 552 Whereas citizens of Charles County have politan community where all people may Whereas Minnesota was established as a played an important role in the history of live in freedom, harmony, trust, and affec- territory on March 2, 1849, and became the Maryland and our Nation, including Thomas tion. Black and white, yellow, brown and 32nd State on May 11, 1858; Stone, whose home is maintained by the Na- red, from Detroit and its suburbs of every Whereas Minnesota is also known as the tional Park Service in Port Tobacco and who economic status, national origin and reli- ‘‘Gopher State’’, the ‘‘North Star State’’, and served as a Continental Congressman, a gious persuasion we join in this movement.’’; the ‘‘Land of 10,000 Lakes’’; framer of the Articles of Confederation, and Whereas one of Focus: HOPE’s early efforts Whereas Minnesota’s name comes from the a signer of the Declaration of Independence; was to support African-American and female Dakota word ‘‘minesota’’, meaning ‘‘water Whereas, under the Articles of Confed- employees in a seminal class action suit that reflects the sky’’, and Native Americans eration, John Hanson, born in Port Tobacco, against the American Automobile Associa- continue to play a defining role in Min- served as the President of the United States tion (AAA), resulting in groundbreaking af- nesota’s proud heritage; in Congress Assembled; firmative action commitments made by Whereas the cities of Minneapolis and St. Whereas Josiah Henson escaped slavery AAA; Paul were established after the completion and fled from Charles County to Canada, Whereas Focus: HOPE helped to conceive of nearby Fort Snelling, a frontier outpost where he wrote his autobiography, a nar- and develop the Department of Agriculture’s and training center for Civil War soldiers; rative that later inspired Harriet Beecher Commodity Supplemental Food Program, Whereas more than 338,000,000 tons of Min- Stowe’s famous novel ‘‘Uncle Tom’s Cabin’’; which has been replicated in more than 32 nesota iron ore were shipped between 1940 Whereas Josiah Henson’s grandnephew, States, and through this program, Focus: and 1945 that contributed to the United Matthew Henson, left Charles County farm- HOPE helps to feed approximately 41,000 peo- States military victory in World War II, and land to become an arctic explorer, venturing ple per month throughout southeast Michi- an additional 648,000,000 tons of iron ore were to the North Pole and going on to receive gan; shipped between 1945 and 1955 that boosted international acclaim; Whereas Focus: HOPE has revitalized sev- post-war economic expansion in the United Whereas, following the Civil War, the eral city blocks in central Detroit by rede- States; house of Dr. Samuel A. Mudd in Waldorf was veloping obsolete industrial buildings, Whereas, in 1889, the Saint Mary’s Hos- where John Wilkes Booth stopped to have beautifying and landscaping Oakman Boule- pital, now known as the Mayo Clinic, opened Dr. Mudd reset his leg, broken after he fa- vard, creating pocket parks, and rehabili- its doors to patients in Rochester, Min- tally shot President Abraham Lincoln and tating homes in the surrounding areas; nesota, and is now known worldwide for its jumped off the balcony of Ford’s Theater in Whereas, since 1981, Focus: HOPE’s Ma- cutting-edge care; Washington, DC; chinist Training Institute has been training Whereas Minnesota continues to be a lead- Whereas today Charles County has roughly individuals from Detroit and surrounding er in innovation and is currently home to 120,000 residents; areas in careers in advanced manufacturing more than 35 Fortune 500 companies; Whereas, while farming and small town life and precision machining and has produced Whereas Minnesota houses over 30 institu- still flourish, particularly along the banks of nearly 2,300 certified graduates, providing an tions of higher education, including the Uni- the Potomac River, the population of the opportunity for minority youth, women, and versity of Minnesota, a world-class research county is growing; and others who are often underrepresented in university where the first open heart surgery Whereas the county is home to workers in such careers to gain access to the financial and first bone marrow transplant were per- the National Capital region as well as the mainstream and learn in-demand skills; formed in the United States; county’s largest employer, a Department of Whereas Focus: HOPE has recognized that Whereas farmland spans over half of Min- Defense Energetics Center, the Indian Head manufacturing and information technologies nesota’s 54,000,000 acres and the agriculture Division, Naval Surface Warfare Center: are key to the economic growth and security industry is Minnesota’s 2nd largest job mar- Now, therefore, be it of Michigan and the United States, and is ket, employing nearly 80,000 farmers; Resolved, That the Senate— committed to designing programs to encour- Whereas Minnesota is the Nation’s number (a) commends and congratulates Charles age the participation of underrepresented one producer of sugarbeets and turkeys; County, Maryland, on the occasion of its urban individuals in those critical sectors; Whereas Minnesota is a national leader in 350th anniversary; and Whereas, in 1982, Focus: HOPE initiated a the production and use of renewable energy, (b) requests the Secretary of the Senate to for-profit subsidiary for community eco- which helps our Nation reduce its depend- transmit an enrolled copy of this resolution nomic development purposes and is now des- ency on foreign sources of oil; to the Charles County Anniversary Com- ignated with Federal HUBZone status (as de- Whereas the Mall of America located in mittee as an expression of the Senate’s best fined in section 3(p) of the Small Business Bloomington, Minnesota, is the Nation’s wishes for a glorious year of celebration. Act (15 U.S.C. 632(p)); largest retail and entertainment complex, f Whereas Focus: HOPE created Fast Track, spanning 9,500,000 square feet and providing a pioneering skill-enhancing program de- more than 11,000 jobs; SENATE CONCURRENT RESOLU- signed to help individuals improve their Whereas Minnesota has 90,000 miles of lake TION 79—CONGRATULATING AND reading and math competencies by a min- and river shoreline, which includes the coast imum of 2 grade levels in 4 to 7 weeks; of Lake Superior, the largest of North Amer- SALUTING FOCUS: HOPE ON ITS 40TH ANNIVERSARY AND FOR Whereas Focus: HOPE’s training and edu- ica’s Great Lakes; cation programs have moved more than 9,600 Whereas the Minneapolis-St. Paul area is ITS REMARKABLE COMMITMENT individuals out into the workforce since the nationally recognized for its parks, muse- AND CONTRIBUTIONS TO DE- inception of those programs and have job ums, and cultural events; and TROIT, THE STATE OF MICHI- placement rates significantly above the na- Whereas the people of Minnesota have a GAN, AND THE UNITED STATES tional average; timeless reputation of compassion, strength, Mr. LEVIN (for himself and Ms. Whereas, in 1987, Focus: HOPE reclaimed and determination: Now, therefore, be it and renovated an abandoned building and Resolved, That the Senate congratulates STABENOW) submitted the following opened it as the Focus: HOPE Center for the State of Minnesota on its 150th anniver- concurrent resolution; which was re- Children, which now has served nearly 6,000 sary and the contributions it continues to ferred to the Committee on the Judici- children of colleagues, students, and neigh- make to America’s economy and heritage. ary: bors with quality child care, including

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3803 latchkey, summer camp, early childhood fice, the Department of Labor, the Inter- and injustice’’ and that mission is as education, and other educational services; national Standards Organization, the Na- important today as it was when the or- Whereas Focus: HOPE, through an unprec- tional Science Foundation, the Cisco Net- ganization was founded in 1968. edented cooperative agreement between the working Academy Program, Fortune maga- Over the ensuing 40 years, Focus: Departments of Defense, Commerce, Edu- zine, Forbes magazine, and the Aspen Insti- cation, and Labor, established a national tute; HOPE has sought to effect positive demonstration project, the Center for Ad- Whereas former Presidents George H.W. change in southeast Michigan. I have vanced Technologies, which integrates Bush and William Jefferson Clinton have vis- been honored to witness and take part hands-on manufacturing training and aca- ited Focus: HOPE’s campus; in the evolution of this fine organiza- demic learning and educates advanced manu- Whereas Focus: HOPE’s cofounder Eleanor tion. Education and job training has facturing engineers and technologists at M. Josaitis received honorary degrees from been at the core of these efforts. By internationally competitive levels; 13 outstanding universities and colleges, was bringing together businesses, founda- Whereas Focus: HOPE partnered with 5 named one of the 100 Most Influential tions, government and individuals in universities and 6 industry partners, for- Women in 2002 by Crain’s Detroit Business, merly known as the Greenfield Coalition, to was inducted into the Michigan Women’s the community, Focus: HOPE has truly design a unique 21st century curriculum that Hall of Fame, received the Detroit NAACP made a difference in Detroit and across resulted in students receiving associate’s de- Presidential Award, the Arab American In- the state of Michigan and has grown grees in manufacturing technologies from stitute Foundation’s Kahlil Gibran Spirit of into one of the largest nonprofits in Lawrence Technological University, or bach- Humanity Award, the Michigan Chamber of the State. Focus: HOPE has sought to elor’s degrees in engineering technology or Commerce Award for Distinguished Service meet the needs of southeast Michigan manufacturing engineering from Wayne and Leadership, and the Dr. Charles H. State University or the University of Detroit in a comprehensive fashion through a Wright Award for Excellence in Community number of highly successful programs, Mercy, respectively; Activism, the Caring Institute’s National Whereas, due to the unique educational Caring Award, and the Clara Barton Ambas- including the Machinist Training Insti- pedagogy at Focus: HOPE’s Center for Ad- sador Award from the American Red Cross, tute, the Center for Advanced Tech- vanced Technologies, the starting salary of as well as many other awards; nology, the Fast Track program, the its graduates is higher than the national av- Whereas, through generous partnerships Center for Children and the Commodity erage of graduates with the same degree with and the support of individuals from all Supplemental Food Program. from other universities; walks of life, the Federal, State, and local Real and meaningful change comes Whereas Focus: HOPE has made out- governments, and foundations and corpora- from sustained and committed service. standing contributions in increasing diver- tions across the United States, the vision of sity within the traditionally homogenous Over the past 40 years, Focus: HOPE Focus: HOPE will continue to grow and in- has embodied this principle and, along science, math, engineering, and technology spire; fields, 95 percent of currently enrolled degree Whereas Focus: HOPE has been fortunate the way, has touched many lives in candidates are African-American, and the enough to have an active board of directors Southeast Michigan in a profound way. Center for Advanced Technologies is one of and advisory board from the most senior lev- Equipping individuals with the ability the top programs in the United States for els of corporations and public entities in the to compete and thrive in workplaces graduating minorities with bachelor’s de- United States and has benefitted from thou- grees in manufacturing engineering; that are increasingly technologically sands of volunteers and supporters; Whereas Focus: HOPE’s unique partnership advanced is central to its mission. The Whereas Focus: HOPE has been a tremen- with the Department of Defense has resulted reward has been thousands of heart- dous force for good in the city of Detroit, the in several research and development warming success stories from those State of Michigan, and in the United States projects, including a nationally recognized for the past 40 years; who have benefitted from the many demonstration project, the Mobile Parts Whereas Focus: HOPE continues to strive services Focus: HOPE provides. Hospital, whose Rapid Manufacturing Sys- to eliminate racism, poverty, and injustice This momentous occasion will be tem has been deployed to Kuwait in support marked by several celebrations, includ- of the Armed Forces’ operations in Afghani- through the use of passion, persistence, and stan, Kuwait, and Iraq; partnerships, and continues to seek improve- ing one in the Mansfield Room of the Whereas, in 1995, Focus: HOPE began a ments in its quality of service and program Capitol later today. I know my col- community arts program to present multi- operations; and leagues join me in congratulating each cultural arts programming and gallery exhi- Whereas Focus: HOPE and its colleagues individual that has contributed to the bitions designated to educate and encourage will continue to identify ways in which it success of Focus: HOPE from its incep- area residents, while fostering integration in can lead Detroit, the State of Michigan, and the United States into the future with cretion. I wish the organization many a culturally diverse metropolitan commu- more years of successful and com- nity, and more than 70,000 people have ative urban leadership initiatives: Now, viewed sponsored exhibits or participated in therefore, be it mitted service to the community. the program; Resolved by the Senate (the House of Rep- f resentatives concurring), That Congress— Whereas, in 1999, Focus: HOPE established AMENDMENTS SUBMITTED AND an Informational Technologies Center to (1) congratulates and salutes Focus: HOPE provide Detroit students with industry-cer- for its remarkable commitment and con- PROPOSED DURING ADJOURN- tified training programs in network adminis- tributions to Detroit, the State of Michigan, MENT OF THE SENATE and the United States; and tration, network installation, and desktop SA 4656. Mr. KERRY submitted, under au- (2) directs the Secretary of the Senate to and server administration, and has grad- thority of the order of the Senate of May 2, transmit an enrolled copy of this resolution uated nearly 800 students, and initiated, in 2008, an amendment intended to be proposed to Focus: HOPE for appropriate display. collaboration with industry and academia, to amendment SA 4627 proposed by Mr. the design of a new bachelor’s degree pro- Mr. LEVIN. Mr. President, I am ROCKEFELLER to the bill H.R. 2881, to amend gram to educate information management joined by my colleague from Michigan, title 49, United States Code, to authorize ap- systems engineers; Senator STABENOW, in introducing a propriations for the Federal Aviation Admin- Whereas, in 2006, the State of Michigan resolution today honoring the 40th an- istration for fiscal years 2008 through 2011, to designated Focus: HOPE’s campus and the niversary of Focus: HOPE. This resolu- improve aviation safety and capacity, to pro- surrounding community a ‘‘Cool Cities’’ tion was initiated in the House by Rep- vide stable funding for the national aviation neighborhood; resentative JOHN CONYERS and cospon- system, and for other purposes; which was Whereas the Secretary of Labor presented sored by the entire Michigan Congres- ordered to lie on the table. Focus: HOPE with an Exemplary Public In- SA 4657. Mr. KERRY (for himself and Mr. terest Contribution Award in recognition of sional delegation. KENNEDY) submitted, under authority of the its success in opening employment opportu- Focus: HOPE, a civil and human order of the Senate of May 2, 2008, an amend- nities for minorities and women; rights organization, was founded by the ment intended to be proposed to amendment Whereas the Village of Oakman Manor, a late Father William T. Cunningham SA 4627 proposed by Mr. ROCKEFELLER to the 55-unit senior citizen apartment building and Eleanor Josaitis in the aftermath bill H.R. 2881, supra; which was ordered to lie sponsored by the Presbyterian Village of of the 1967 Detroit riots in one of De- on the table. Michigan in collaboration with Focus: troit’s most economically depressed SA 4658. Mr. KERRY submitted, under au- HOPE, opened in 2006 near the Focus: HOPE areas. This outstanding organization thority of the order of the Senate of May 2, campus as the first new construction in the has established itself as an integral 2008, an amendment intended to be proposed area in more than 50 years; to amendment SA 4627 proposed by Mr. part of the history and fabric of south- Whereas Focus: HOPE’s initiatives and ROCKEFELLER to the bill H.R. 2881, supra; programs have been nationally recognized east Michigan. The mission of Focus: which was ordered to lie on the table. for excellence and leadership by such enti- HOPE is ‘‘to use intelligent and prac- SA 4659. Mr. BARRASSO submitted, under ties as the Government Accountability Of- tical action to fight racism, poverty authority of the order of the Senate of May

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3804 CONGRESSIONAL RECORD — SENATE May 6, 2008 2, 2008, an amendment intended to be pro- by him to the bill H.R. 2881, supra; which was the Senate of May 2, 2008, an amendment in- posed to amendment SA 4627 proposed by Mr. ordered to lie on the table. tended to be proposed by her to the bill H.R. ROCKEFELLER to the bill H.R. 2881, supra; SA 4673. Mr. BAUCUS submitted, under au- 2881, supra; which was ordered to lie on the which was ordered to lie on the table. thority of the order of the Senate of May 2, table. SA 4660. Mr. BARRASSO (for himself and 2008, an amendment intended to be proposed SA 4690. Mrs. BOXER submitted an amend- Mr. ENSIGN) submitted, under authority of by him to the bill H.R. 2881, supra; which was ment intended to be proposed, under author- the order of the Senate of May 2, 2008, an ordered to lie on the table. ity of the order of the Senate of May 2, 2008, amendment intended to be proposed by him SA 4674. Mr. BAUCUS submitted, under au- to amendment SA 4627 proposed by Mr. to the bill H.R. 2881, supra; which was or- thority of the order of the Senate of May 2, ROCKEFELLER to the bill H.R. 2881, supra; dered to lie on the table. 2008, an amendment intended to be proposed which was ordered to lie on the table. SA 4661. Mr. KERRY (for himself and Mr. by him to the bill H.R. 2881, supra; which was SA 4691. Mrs. DOLE submitted, under au- LAUTENBERG) submitted, under authority of ordered to lie on the table. thority of the order of the Senate of May 2, the order of the Senate of May 2, 2008, an SA 4675. Mr. BAUCUS submitted, under au- 2008, an amendment intended to be proposed amendment intended to be proposed by him thority of the order of the Senate of May 2, by her to the bill H.R. 2881, supra; which was to the bill H.R. 2881, supra; which was or- 2008, an amendment intended to be proposed ordered to lie on the table. dered to lie on the table. by him to the bill H.R. 2881, supra; which was SA 4692. Mrs. DOLE submitted, under au- SA 4662. Mr. WYDEN submitted, under au- ordered to lie on the table. thority of the order of the Senate of May 2, thority of the order of the Senate of May 2, SA 4676. Mr. BAUCUS submitted, under au- 2008, an amendment intended to be proposed 2008, an amendment intended to be proposed thority of the order of the Senate of May 2, by her to the bill H.R. 2881, supra; which was by him to the bill H.R. 2881, to amend title 2008, an amendment intended to be proposed ordered to lie on the table. 49, United States Code, to authorize appro- by him to the bill H.R. 2881, supra; which was SA 4693. Mr. BUNNING submitted, under priations for the Federal Aviation Adminis- ordered to lie on the table. authority of the order of the Senate of May tration for fiscal years 2008 through 2011, to SA 4677. Mr. BAUCUS submitted, under au- 2, 2008, an amendment intended to be pro- improve aviation safety and capacity, to pro- thority of the order of the Senate of May 2, posed by him to the bill H.R. 2881, supra; vide stable funding for the national aviation 2008, an amendment intended to be proposed which was ordered to lie on the table. system, and for other purposes; which was by him to the bill H.R. 2881, supra; which was SA 4694. Mr. BUNNING submitted, under ordered to lie on the table. ordered to lie on the table. authority of the order of the Senate of May SA 4663. Mr. THUNE (for himself and Mrs. SA 4678. Mr. BAUCUS submitted, under au- 2, 2008, an amendment intended to be pro- BOXER) submitted, under authority of the thority of the order of the Senate of May 2, posed to amendment SA 4585 proposed by Mr. order of the Senate of May 2, 2008, an amend- 2008, an amendment intended to be proposed ROCKEFELLER (for himself, Mr. INOUYE, Mr. ment intended to be proposed by him to the by him to the bill H.R. 2881, supra; which was BAUCUS, and Mr. GRASSLEY) to the bill H.R. bill H.R. 2881, to amend title 49, United ordered to lie on the table. 2881, supra; which was ordered to lie on the States Code, to authorize appropriations for SA 4679. Ms. CANTWELL submitted, under table. the Federal Aviation Administration for fis- authority of the order of the Senate of May SA 4695. Mr. BUNNING submitted, under cal years 2008 through 2011, to improve avia- 2, 2008, an amendment intended to be pro- authority of the order of the Senate of May tion safety and capacity, to provide stable posed by her to the bill H.R. 2881, supra; 2, 2008, an amendment intended to be pro- funding for the national aviation system, which was ordered to lie on the table. posed by him to the bill H.R. 2881, supra; and for other purposes; which was ordered to SA 4680. Ms. CANTWELL submitted, under which was ordered to lie on the table. lie on the table. authority of the order of the Senate of May SA 4696. Mr. BUNNING submitted, under SA 4664. Mr. DEMINT submitted, under au- 2, 2008, an amendment intended to be pro- authority of the order of the Senate of May thority of the order of the Senate of May 2, posed by her to the bill H.R. 2881, supra; 2, 2008, an amendment intended to be pro- 2008, an amendment intended to be proposed which was ordered to lie on the table. posed to amendment SA 4585 proposed by Mr. by him to the bill H.R. 2881, supra; which was SA 4681. Ms. CANTWELL submitted, under ROCKEFELLER (for himself, Mr. INOUYE, Mr. ordered to lie on the table. authority of the order of the Senate of May BAUCUS, and Mr. GRASSLEY) to the bill H.R. SA 4665. Mr. DEMINT submitted, under au- 2, 2008, an amendment intended to be pro- 2881, supra; which was ordered to lie on the thority of the order of the Senate of May 2, posed by her to the bill H.R. 2881, supra; table. 2008, an amendment intended to be proposed which was ordered to lie on the table. SA 4697. Mr. HATCH (for himself, Mr. BEN- by him to the bill H.R. 2881, supra; which was SA 4682. Mrs. MURRAY submitted, under NETT, Mr. CRAIG, Mr. CRAPO, and Mr. ordered to lie on the table. authority of the order of the Senate of May BARRASSO) submitted, under authority of the SA 4666. Mr. DEMINT submitted, under au- 2, 2008, an amendment intended to be pro- order of the Senate of May 2, 2008, an amend- thority of the order of the Senate of May 2, posed by her to the bill H.R. 2881, supra; ment intended to be proposed by him to the 2008, an amendment intended to be proposed which was ordered to lie on the table. bill H.R. 2881, supra; which was ordered to lie to amendment SA 4585 proposed by Mr. SA 4683. Mrs. MURRAY submitted, under on the table. ROCKEFELLER (for himself, Mr. INOUYE, Mr. authority of the order of the Senate of May SA 4698. Mr. BAUCUS (for himself and Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2, 2008, an amendment intended to be pro- GRASSLEY) submitted, under authority of the 2881, supra; which was ordered to lie on the posed by her to the bill H.R. 2881, supra; order of the Senate of May 2, 2008, an amend- table. which was ordered to lie on the table. ment intended to be proposed to amendment SA 4684. Mrs. MURRAY submitted, under SA 4667. Mrs. HUTCHISON submitted, SA 4627 proposed by Mr. ROCKEFELLER to the under authority of the order of the Senate of authority of the order of the Senate of May bill H.R. 2881, supra; which was ordered to lie May 2, 2008, an amendment intended to be 2, 2008, an amendment intended to be pro- on the table. posed by her to the bill H.R. 2881, supra; proposed by her to the bill H.R. 2881, supra; SA 4699. Mr. CARDIN (for himself, Ms. MI- which was ordered to lie on the table. which was ordered to lie on the table. KULSKI, Mr. WARNER, and Mr. WEBB) sub- SA 4668. Mr. BAUCUS submitted, under au- SA 4685. Mr. WYDEN submitted, under au- mitted, under authority of the order of the thority of the order of the Senate of May 2, thority of the order of the Senate of May 2, Senate of May 2, 2008, an amendment in- 2008, an amendment intended to be proposed 2008, an amendment intended to be proposed tended to be proposed by him to the bill H.R. by him to the bill H.R. 2881, supra; which was by him to the bill H.R. 2881, supra; which was 2881, supra; which was ordered to lie on the ordered to lie on the table. ordered to lie on the table. table. SA 4669. Mr. BAUCUS (for himself, Mr. SA 4686. Mr. CARPER (for himself and Mr. TESTER, Mr. BINGAMAN, Ms. SNOWE, Mr. VOINOVICH) submitted, under authority of the f WYDEN, Mr. HARKIN, Mr. THUNE, and Mr. order of the Senate of May 2, 2008, an amend- AMENDMENTS SUBMITTED AND LEVIN) submitted, under authority of the ment intended to be proposed by him to the PROPOSED order of the Senate of May 2, 2008, an amend- bill H.R. 2881, supra; which was ordered to lie ment intended to be proposed by him to the on the table. SA 4700. Mr. DEMINT submitted an amend- bill H.R. 2881, supra; which was ordered to lie SA 4687. Mr. MARTINEZ submitted, under ment intended to be proposed by him to the on the table. authority of the order of the Senate of May bill H.R. 2881, to amend title 49, United SA 4670. Mr. BAUCUS submitted, under au- 2, 2008, an amendment intended to be pro- States Code, to authorize appropriations for thority of the order of the Senate of May 2, posed by him to the bill H.R. 2881, supra; the Federal Aviation Administration for fis- 2008, an amendment intended to be proposed which was ordered to lie on the table. cal years 2008 through 2011, to improve avia- by him to the bill H.R. 2881, supra; which was SA 4688. Mr. LAUTENBERG (for himself, tion safety and capacity, to provide stable ordered to lie on the table. Mr. SCHUMER, Mrs. CLINTON, and Mr. MENEN- funding for the national aviation system, SA 4671. Mr. BAUCUS submitted, under au- DEZ) submitted, under authority of the order and for other purposes; which was ordered to thority of the order of the Senate of May 2, of the Senate of May 2, 2008, an amendment lie on the table. 2008, an amendment intended to be proposed intended to be proposed by him to the bill SA 4701. Mrs. MURRAY submitted an by him to the bill H.R. 2881, supra; which was H.R. 2881, supra; which was ordered to lie on amendment intended to be proposed by her ordered to lie on the table. the table. to the bill H.R. 2881, supra; which was or- SA 4672. Mr. BAUCUS submitted, under au- SA 4689. Mrs. MCCASKILL (for herself, Mr. dered to lie on the table. thority of the order of the Senate of May 2, SPECTER, Mr. OBAMA, and Mrs. CLINTON) SA 4702. Mr. VITTER submitted an amend- 2008, an amendment intended to be proposed submitted, under authority of the order of ment intended to be proposed by him to the

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3805 bill S. 2284, to amend the National Flood In- 2881, to amend title 49, United States Petroleum Reserve through any other acqui- surance Act of 1968, to restore the financial Code, to authorize appropriations for sition method. solvency of the flood insurance fund, and for the Federal Aviation Administration (2) RESUMPTION.— other purposes.; which was ordered to lie on for fiscal years 2008 through 2011, to (A) IN GENERAL.—The Secretary of the In- the table. improve aviation safety and capacity, terior may resume acquisition of petroleum SA 4703. Mr. VITTER submitted an amend- for the Strategic Petroleum Reserve through ment intended to be proposed by him to the to provide stable funding for the na- the royalty-in-kind program, and the Sec- bill S. 2284, supra; which was ordered to lie tional aviation system, and for other retary of Energy may resume acquisition of on the table. purposes; which was ordered to lie on petroleum for the Strategic Petroleum Re- SA 4704. Mr. WICKER (for himself, Mr. the table; as follows: serve through any other acquisition method, COCHRAN, Mr. VITTER, Ms. LANDRIEU, and Mr. On page 66, between lines 2 and 3, insert not earlier than 30 days after the date on MARTINEZ) submitted an amendment in- the following: which the President notifies Congress that tended to be proposed by him to the bill S. (5) The Administrator may not consolidate the President has determined that, for the 2284, supra; which was ordered to lie on the any additional engineering services from the most recent consecutive 4-week period— table. New England Region’s engineering offices in (i) the weighted average price of retail, SA 4705. Ms. LANDRIEU (for herself, Mr. Burlington, Massachusetts, and Nashua, New regular, all formulations gasoline in the PRYOR, and Mrs. LINCOLN) submitted an Hampshire, until the Board’s recommenda- United States is $2.50 or less per gallon (as amendment intended to be proposed by her tions are completed. adjusted under subparagraph (B)); or to the bill S. 2284, supra; which was ordered (6) Any Federal Aviation Administration (ii) the weighted average price of retail, to lie on the table. facility, service, or function realignment No. 2 diesel in the United States is $2.75 or SA 4706. Ms. LANDRIEU (for herself and that has not been completed as of the date of less per gallon (as adjusted under subpara- Mr. NELSON of Florida) submitted an amend- enactment of this Act is subject to the re- graph (B)). ment intended to be proposed by her to the quirements of this section. (B) ADJUSTMENT.—For fiscal year 2009 and bill S. 2284, supra; which was ordered to lie each subsequent fiscal year, the prices speci- on the table. SA 4658. Mr. KERRY submitted, fied in clauses (i) and (ii) of subparagraph (A) SA 4707. Mr. DODD (for himself and Mr. under authority of the order of the for the preceding fiscal year shall be ad- SHELBY) submitted an amendment intended Senate of May 2, 2008, an amendment justed to reflect changes for the 12-month pe- to be proposed by him to the bill S. 2284, intended to be proposed to amendment riod ending the preceding November 30 in the supra; which was ordered to lie on the table. SA 4627 proposed by Mr. ROCKEFELLER Consumer Price Index for All Urban Con- SA 4708. Ms. LANDRIEU submitted an to the bill H.R. 2881, to amend title 49, sumers published by the Bureau of Labor amendment intended to be proposed by her United States Code, to authorize appro- Statistics of the Department of Labor. to the bill S. 2284, supra; which was ordered priations for the Federal Aviation Ad- (b) ADDITIONAL ACQUISITION REQUIRE- to lie on the table. MENTS.—Section 160 of the Energy Policy and SA 4709. Mr. NELSON of Florida (for him- ministration for fiscal years 2008 Conservation Act (42 U.S.C. 6240) is amended self, Mrs. CLINTON, Mr. MARTINEZ, and Ms. through 2011, to improve aviation safe- by inserting after subsection (c) the fol- LANDRIEU) submitted an amendment in- ty and capacity, to provide stable fund- lowing: tended to be proposed by him to the bill S. ing for the national aviation system, ‘‘(d) ADDITIONAL ACQUISITION REQUIRE- 2284, supra; which was ordered to lie on the and for other purposes; which was or- MENTS.— table. dered to lie on the table; as follows: ‘‘(1) IN GENERAL.—To the maximum extent SA 4710. Mr. DEMINT submitted an amend- On page 129, between lines 11 and 12, insert practicable, any acquisitions made by the ment intended to be proposed by him to the the following: Secretary of the Interior for the Strategic bill S. 2284, supra; which was ordered to lie (d) ADDITIONAL TECHNICIANS.—From Petroleum Reserve through the royalty-in- on the table. amounts appropriated pursuant to section kind program and any acquisitions made by SA 4711. Mr. DEMINT submitted an amend- 106(k)(1) of title 49, United States Code, the the Secretary of Energy for the Reserve ment intended to be proposed by him to the Administrator of the Federal Aviation Ad- through any other acquisition method (re- bill S. 2284, supra; which was ordered to lie ministration is authorized to hire additional ferred to in this subsection as the ‘respective on the table. technicians so that the Federal Aviation Ad- Secretary’) shall reflect a steady monthly SA 4712. Mr. REID (for himself and Mr. ministration maintains a minimum of 6,100 dollar value of oil acquired through the roy- MCCONNELL) proposed an amendment to the technical employees in its Technical Oper- alty-in-kind program or any other acquisi- bill H.R. 5493, to provide that the usual day ations Service Unit. The Administrator shall tion method allowed by law. for paying salaries in or under the House of ensure sufficient technicians are employed ‘‘(2) PARTICULAR INCLUSION.— Representatives may be established by regu- to account for attrition without falling ‘‘(A) DEFINITION OF HEAVY CRUDE OIL.—In lations of the Committee on House Adminis- below the minimum technician staffing level this paragraph, the term ‘heavy crude oil’ tration. of 6,100. means oil with a gravity index of not more than 22 degrees. f SA 4659. Mr. BARRASSO submitted, ‘‘(B) REQUIREMENT.—To the extent techno- TEXT OF AMENDMENTS DURING under authority of the order of the logically feasible, financially beneficial for ADJOURNMENT OF THE SENATE Senate of May 2, 2008, an amendment the Treasury of the United States, and com- intended to be proposed to amendment patible with domestic refining requirements, SA 4656. Mr. KERRY submitted, the respective Secretary shall include at SA 4627 proposed by Mr. ROCKEFELLER under authority of the order of the to the bill H.R. 2881, to amend title 49, least 10 percent heavy crude oil in making Senate of May 2, 2008, an amendment any acquisitions of crude oil for the Reserve. United States Code, to authorize appro- intended to be proposed to amendment ‘‘(3) NEGOTIATION OF DELIVERY DATES.— priations for the Federal Aviation Ad- SA 4627 proposed by Mr. ROCKEFELLER Nothing in this subsection limits the ability ministration for fiscal years 2008 to the bill H.R. 2881, to amend title 49, of the respective Secretary to negotiate de- through 2011, to improve aviation safe- livery dates for crude oil acquired for the Re- United States Code, to authorize appro- ty and capacity, to provide stable fund- serve. priations for the Federal Aviation Ad- ing for the national aviation system, ‘‘(4) NATIONAL SECURITY NEEDS.—The re- ministration for fiscal years 2008 and for other purposes; which was or- spective Secretary may waive any require- through 2011, to improve safety and ca- dered to lie on the table; as follows: ment under this subsection if the respective pacity, to provide stable funding for Secretary determines that the requirement At the appropriate place, insert the fol- is inconsistent with the national security the national aviation system, and for lowing: needs of the United States.’’. other purposes; which was ordered to SEC. ll. GOVERNMENT OIL ACQUISITION FI- lie on the table; as follows: NANCIAL ACCOUNTABILITY AND SA 4660. Mr. BARRASSO (for himself On page 129, line 11, strike ‘‘200 additional CONSUMER RELIEF. and Mr. ENSIGN) submitted, under au- safety inspectors.’’ and insert ‘‘at least 200 (a) SUSPENSION OF PETROLEUM ACQUISITION additional safety inspectors or such greater FOR STRATEGIC PETROLEUM RESERVE.— thority of the order of the Senate of number as may be provided for by appropria- (1) IN GENERAL.—Notwithstanding any May 2, 2008, an amendment intended to tions Acts’’. other provision of law, during any period in be proposed by him to the bill H.R. which the conditions described in paragraph 2881, to amend title 49, United States SA 4657. Mr. KERRY (for himself and (2) are not met— Code, to authorize appropriations for (A) the Secretary of the Interior shall sus- Mr. KENNEDY) submitted, under author- the Federal Aviation Administration pend acquisition of petroleum for the Stra- ity of the order of the Senate of May 2, tegic Petroleum Reserve through the roy- for fiscal years 2008 through 2011, to 2008, an amendment intended to be pro- alty-in-kind program; and improve aviation safety and capacity, posed to amendment SA 4627 proposed (B) the Secretary of Energy shall suspend to provide stable funding for the na- by Mr. ROCKEFELLER to the bill H.R. acquisition of petroleum for the Strategic tional aviation system, and for other

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3806 CONGRESSIONAL RECORD — SENATE May 6, 2008 purposes; which was ordered to lie on under subsection (a), the Administrator shall vestment and Modernization Act of 2008) is the table; as follows: assess the potential impact of any revisions estimated by the Secretary to be increased At the end of title VII, insert the fol- to the firefighting standards on airports and by the enactment of subtitle B of title VIII lowing: air transportation service. of the Aviation Investment and Moderniza- (e) INCONSISTENCY WITH STANDARDS.—If the tion Act, over SEC. 717. PRIORITY OF REVIEW OF CONSTRUC- proposed or final rule issued under sub- TION PROJECTS. ‘‘(II) the amount by which the obligations section (a) is not consistent with national (a) FINDINGS.—Congress makes the fol- of the Highway Trust Fund for fiscal year lowing findings: voluntary consensus standards for aircraft 2008 (as of the day before the date of the en- (1) Winter weather in States in cold re- rescue and firefighting services at airports, actment of the Aviation Investment and gions of the United States shortens the pe- the Administrator shall submit to the Office Modernization Act) are estimated by the riod during the year in which construction of Management and Budget an explanation of Secretary to exceed the balance of the High- projects may be carried out in such States. the reasons for such inconsistency in accord- way Trust Fund that is available for obliga- (2) If review and approval processes for a ance with section 12(d) of the National Tech- tions for fiscal year 2008 (as of the day before construction project in such a State is de- nology Transfer and Advancement Act of the date of the enactment of the Aviation In- layed, the project may not be able to be com- 1995 (15 U.S.C. 272 note; 110 Stat. 783). vestment and Modernization Act of 2008).’’, (f) SMALL AIRPORT EXEMPTION.— pleted in one construction season, adding ad- and (1) IN GENERAL.—The Administrator may ditional costs to complete the project. (2) by striking ‘‘AMOUNTS EQUIVALENT TO (b) PRIORITY OF REVIEW OF CONSTRUCTION exempt any airport designated as an Index A CERTAIN TAXES AND PENALTIES’’ in the head- PROJECTS.— or Index B under part 139 of title 14, Code of ing and inserting ‘‘CERTAIN AMOUNTS’’. Federal Regulations, from the rule issued (1) REQUIREMENT TO PRIORITIZE.—The Ad- (b) EFFECTIVE DATE.—The amendments ministrator of the Federal Aviation Admin- under subsection (a) if such airport petitions made by this section shall take effect on the istration shall, to the maximum extent prac- for such an exemption, in accordance with date of the enactment of this Act. ticable, prioritize the review of construction regulations promulgated by the Adminis- trator. SEC. 812. OBLIGATION AUTHORITY FOR STIM- projects by the Administrator in a manner ULUS PROJECTS. so that such projects to be carried out in a (2) SAVINGS PROVISION.—Notwithstanding State described in paragraph (2) are reviewed any other provision of this section, airports (a) IN GENERAL.—Section 1102 of the Safe, as early as possible. that file a petition under paragraph (1) shall Accountable, Flexible, Efficient Transpor- tation Equity Act: A Legacy for Users (23 (2) STATE DESCRIBED.—A State described in be subject to the airport rescue and fire- this paragraph is a State in which the weath- fighting standards under part 139 of title 14, U.S.C. 104 note; Public Law 109–59) is amend- er during a typical calendar year prevents Code of Federal Regulations, in effect as of ed— major construction projects from being car- the date of the enactment of this Act, until (1) in subsection (a)— ried out prior to May 1. the date on which the Administrator re- (A) in the matter preceding paragraph (1), quires that such airports comply with the by striking ‘‘(g) and (h)’’ and inserting ‘‘(g), SA 4661. Mr. KERRY (for himself and rule issued under subsection (a). (h), and (l)’’; and Mr. LAUTENBERG) submitted, under au- (g) FINAL RULE.—Not later than 2 years (B) in paragraph (4), by amending such thority of the order of the Senate of after the date of the enactment of this Act, paragraph to read as follows: the Administrator shall issue the final rule ‘‘(4) the amount that is the sum of— May 2, 2008, an amendment intended to required under subsection (a). ‘‘(A) $39,585,075,404; and be proposed by him to the bill H.R. ‘‘(B) the amount that is 80 percent of the 2881, to amend title 49, United States SA 4662. Mr. WYDEN submitted, fiscal year 2008 Highway Trust Fund excess Code, to authorize appropriations for under authority of the order of the amount (as defined in section 9503(b)(7)(B)(ii) the Federal Aviation Administration Senate of May 2, 2008, an amendment of the Internal Revenue Code of 1986); for fiscal years 2008 through 2011, to intended to be proposed by him to the for fiscal year 2008; and’’; and improve aviation safety and capacity, bill H.R. 2881, to amend title 49, United (2) by adding at the end the following: to provide stable funding for the na- States Code, to authorize appropria- ‘‘(l) OBLIGATION AUTHORITY FOR STIMULUS tional aviation system, and for other tions for the Federal Aviation Admin- PROJECTS.— purposes; which was ordered to lie on istration for fiscal years 2008 through ‘‘(1) IN GENERAL.—Of the obligation author- the table; as follows: ity distributed under subsection (a)(4), an 2011, to improve aviation safety and ca- amount that is not less than the amount At the appropriate place, insert the fol- pacity, to provide stable funding for that is 80 percent of the fiscal year 2008 High- lowing: the national aviation system, and for way Trust Fund excess amount (as defined in SEC. ll. AIRCRAFT RESCUE AND FIREFIGHTING other purposes; which was ordered to section 9503(b)(7)(B)(ii) of the Internal Rev- STANDARDS. lie on the table; as follows: enue Code of 1986) shall be provided to States (a) RULEMAKING PROCEEDING.—Not later for use in carrying out highway projects that than 180 days after the date of enactment of On page 213, beginning on line 21, strike the States determine will provide rapid eco- this Act, the Administrator of the Federal through page 214, line 9, and insert the fol- nomic stimulus. Aviation Administration shall initiate a lowing: ‘‘(2) REQUIREMENT.—A State that seeks a rulemaking proceeding for the purpose of SEC. 811. REPLENISH EMERGENCY SPENDING distribution of the obligation authority de- issuing a proposed and final rule that revises FROM HIGHWAY TRUST FUND. scribed in paragraph (1) shall agree to obli- the aircraft rescue and firefighting standards (a) IN GENERAL.—Section 9503(b) of the In- gate funds so received not later than 120 days under part 139 of title 14, Code of Federal ternal Revenue Code of 1986 is amended— after the date on which the State receives Regulations, to improve the protection of (1) by adding at the end the following new the funds. the traveling public, other persons, aircraft, paragraph: ‘‘(3) FLEXIBILITY.—A State that receives a buildings, and the environment from fires ‘‘(7) EMERGENCY SPENDING REPLENISH- distribution of the obligation authority de- and hazardous materials incidents. MENT.— scribed in paragraph (1) may use the funds (b) CONTENTS OF PROPOSED AND FINAL ‘‘(A) IN GENERAL.—There is hereby appro- for any highway project described in para- RULE.—The proposed and final rule to be priated to the Highway Trust Fund issued under subsection (a) shall address— $3,400,000,000. graph (1), regardless of any funding limita- (1) the mission of aircraft rescue and fire- ‘‘(B) ALLOCATION.— tion or formula that is otherwise applicable fighting personnel, including responsibilities ‘‘(i) ALLOCATION OF EXCESS REPLENISHMENT to projects carried out using obligation au- for passenger egress in the context of other AMOUNT.—The fiscal year 2008 Highway Trust thority under this section. requirements of the Federal Aviation Ad- Fund excess amount shall be allocated ‘‘(4) FEDERAL SHARE.—The Federal share of ministration; among the accounts of the Highway Trust any highway project carried out using funds (2) the proper level of staffing; Fund as follows: described in paragraph (1) shall be 100 per- (3) the timeliness of a response; ‘‘(I) 80 percent of such amount shall be decent.’’. (4) the handling of hazardous materials in- posited in the Highway Account. (b) CONFORMING AMENDMENTS.— cidents at airports; ‘‘(II) 20 percent of such amount shall be de- (1) The matter under the heading ‘‘(INCLUD- (5) proper vehicle deployment; and posited in the Mass Transit Account. ING TRANSFER OF FUNDS)’’ under the heading (6) the need for equipment modernization. ‘‘(ii) FISCAL YEAR 2008 HIGHWAY TRUST FUND ‘‘(HIGHWAY TRUST FUND)’’ under the heading (c) CONSISTENCY WITH VOLUNTARY CON- EXCESS AMOUNT.—For purposes of this sub- ‘‘(LIMITATION ON OBLIGATIONS)’’ under the SENSUS STANDARDS.—The proposed and final paragraph, the term ‘fiscal year 2008 High- heading ‘‘FEDERAL-AID HIGHWAYS’’ under the rule issued under subsection (a) shall be, to way Trust Fund excess amount’ means an heading ‘‘FEDERAL HIGHWAY ADMINISTRA- the extent practicable, consistent with na- amount equal to the excess of— TION’’ of title I of division K of the Consoli- tional voluntary consensus standards for air- ‘‘(I) the amount by which the balance of dated Appropriations Act, 2008 (Public Law craft rescue and firefighting services at air- the Highway Trust Fund that is available for 110–161; 121 Stat. 1844) is amended— ports. obligations for fiscal year 2008 (as estimated (A) by striking ‘‘in excess of $40,216,051,359’’ (d) ASSESSMENTS OF POTENTIAL IMPACTS.— by the Secretary as of the day before the and inserting ‘‘in excess of the amount that In the rulemaking proceeding initiated date of the enactment of the Aviation In- is the sum of $40,216,051,359 and the amount

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3807 that is 80 percent of the fiscal year 2008 High- ‘‘(B) 40 percent shall be distributed accord- ‘‘(i) amounts made available to any urban- way Trust Fund excess amount (as defined in ing to the formula in section 5340 of title 49, ized area under clause (i) or (ii) of subpara- section 9503(b)(7)(B)(ii) of the Internal Rev- United States Code. graph (A) shall be not more than 50 percent enue Code of 1986),’’; and ‘‘(3) ALLOCATION.—The Secretary shall de- of the amount apportioned in fiscal year 2002 (B) by striking ‘‘the $40,216,051,359 obliga- termine the allocation of the amounts de- to the urbanized area with a population of tion limitation’’ and inserting ‘‘the obliga- scribed in subsection (c)(1) and shall appor- less than 200,000, as determined in the 1990 tion limitation in the amount of such sum’’. tion amounts described in subsection (c)(2) decennial census of population; (2) The matter under the heading ‘‘(INCLUD- not later than 20 days after the date of en- ‘‘(ii) amounts made available to any urban- ING RESCISSION)’’ under the heading ‘‘(HIGH- actment of this section. ized area under subparagraph (A)(iii) shall be WAY TRUST FUND)’’ under the heading ‘‘(LIMI- ‘‘(4) NOTIFICATION TO CONGRESS.—The Sec- not more than 50 percent of the amount ap- TATION ON OBLIGATIONS)’’ under the heading retary shall notify the committees referred portioned to the urbanized area under this ‘‘(LIQUIDATION OF CONTRACT AUTHORITY)’’ to in section 5334(k) of title 49, United States section for fiscal year 2003; and under the heading ‘‘FORMULA AND BUS Code, of the allocations determined under ‘‘(iii) each portion of any area not des- GRANTS’’ under the heading ‘‘FEDERAL TRAN- paragraph (3) not later than 3 days after such ignated as an urbanized area, as determined SIT ADMINISTRATION’’ of title I of division K determination is made. by the 1990 decennial census, and eligible to of the Consolidated Appropriations Act, 2008 ‘‘(5) OBLIGATION REQUIREMENT.—The Sec- receive funds under subparagraph (A)(iv), (Public Law 110–161; 121 Stat. 1844) is amend- retary shall obligate the funds described in shall receive an amount of funds to carry out ed by striking ‘‘$6,855,000,000’’ and inserting subsection (c)(1) as expeditiously as prac- this section that is not less than 50 percent ‘‘, and section 3052 of Public Law 109–59, the ticable, but in no case later than 120 days of the amount the portion of the area re- amount that is the sum of $6,855,000,000 and after the date of enactment of this section. ceived under section 5311 in fiscal year the amount that is 20 percent of the fiscal ‘‘(e) PRE-AWARD SPENDING AUTHORITY.— 2002.’’. year 2008 Highway Trust Fund excess amount ‘‘(1) IN GENERAL.—A recipient of a grant under this section shall have pre-award (as defined in section 9503(b)(7)(B)(ii) of the SA 4663. Mr. THUNE (for himself and Internal Revenue Code of 1986)’’. spending authority. ‘‘(2) REQUIREMENTS.—Any expenditure Mrs. BOXER) submitted, under author- (3) Sections 9503(c)(1) and 9503(e)(3) of the ity of the order of the Senate of May 2, Internal Revenue Code of 1986 are each made pursuant to pre-award spending au- amended by inserting ‘‘, as amended by the thorized by this subsection shall conform 2008, an amendment intended to be pro- Aviation Investment and Modernization Act with applicable Federal requirements in posed by him to the bill H.R. 2881, to of 2008,’’ after ‘‘the Safe, Accountable, Flexi- order to remain eligible for future Federal amend title 49, United States Code, to reimbursement. ble, Efficient Transportation Equity Act: A authorize appropriations for the Fed- ‘‘(f) FEDERAL SHARE.—The Federal share of Legacy for Users’’. a stimulus grant authorized under this sec- eral Aviation Administration for fiscal SEC. 813. STIMULUS OF MANUFACTURING AND tion shall be 100 percent. years 2008 through 2011, to improve CONSTRUCTION THROUGH PUBLIC ‘‘(g) SELF-CERTIFICATION.— aviation safety and capacity, to pro- TRANSPORTATION INVESTMENT. ‘‘(1) IN GENERAL.—Prior to the obligation of (a) IN GENERAL.—Title III of the Safe, Ac- vide stable funding for the national stimulus grant funds under this section, the countable, Flexible, Efficient Transportation aviation system, and for other pur- recipient of the grant award shall certify— Equity Act: A Legacy for Users (Public Law poses; which was ordered to lie on the ‘‘(A) for recipients described in subsection 109–59; 119 Stat. 1544) is amended by adding at (b)(1), that the recipient will comply with table; as follows: the end the following: the terms and conditions that apply to Beginning on page 88, strike line 3 and all ‘‘SEC. 3052. STIMULUS OF MANUFACTURING AND grants under section 5309 of title 49, United that follows through page 89, line 5, and in- CONSTRUCTION THROUGH PUBLIC sert the following: TRANSPORTATION INVESTMENT. States Code; N ENERAL ‘‘(a) AUTHORIZATION.—The Secretary is au- ‘‘(B) for recipients under subsection (b)(2), (a) I G .—Section 41722 is amended thorized to make stimulus grants under this that the recipient will comply with the by adding at the end the following: section to public transportation agencies. terms and conditions that apply to grants ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— ‘‘(b) ELIGIBLE RECIPIENTS.—Stimulus under section 5307 of title 49, United States ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—Each grants authorized under subsection (a) may Code; and air carrier holding a certificate issued under be awarded— ‘‘(C) that the funds will be used in a man- section 41102 that conducts scheduled pas- ‘‘(1) to public transportation agencies ner that will stimulate the economy. senger air transportation shall, on a month- which have a full funding grant agreement in ‘‘(2) CERTIFICATION.—Required certifi- ly basis— force on the date of enactment of this sec- cations may be made as part of the certifi- ‘‘(A) publish and update on the Internet tion with Federal payments scheduled in any cation required under section 5307(d)(1) of website of the air carrier a list of chronically year beginning with fiscal year 2008, for ac- title 49, United States Code. delayed flights operated by such air carrier; tivities authorized under the full funding ‘‘(3) AUDIT.—If, upon the audit of any re- and grant agreement that would expedite con- cipient under this section, the Secretary ‘‘(B) share such list with each entity that struction of the project; and finds that the recipient has not complied is authorized to book passenger air transpor- with the requirements of this section and ‘‘(2) to designated recipients as defined in tation for such air carrier for inclusion on has not made a good-faith effort to comply, section 5307 of title 49, United States Code, the Internet website of such entity. the Secretary may withhold not more than for immediate use to address a backlog of ex- ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR- 25 percent of the amount required to be ap- isting maintenance needs or to purchase roll- CHASING TICKETS.—For each individual who propriated for that recipient under section ing stock or buses, if the contracts for such books passenger air transportation on the 5307 of title 49, United States Code, for the purchases are in place prior to the grant Internet website of an air carrier, or the following fiscal year if the Secretary notifies award. Internet website of an entity that is author- the committees referred to in subsection ‘‘(c) USE OF FUNDS.—Of the amounts made ized to book passenger air transportation for available to carry out this section, the Sec- (d)(4) at least 21 days prior to such with- an air carrier, for any flight for which data holding.’’. retary shall use to make grants under this is reported to the Department of Transpor- (b) STIMULUS GRANT FUNDING.—Section tation under part 234 of title 14, Code of Fed- section— 5338 of title 49, United States Code, is amend- eral Regulations, such air carrier or entity, ‘‘(1) 30 percent of such amounts for stim- ed by adding at the end the following: as the case may be, shall prominently dis- ulus grants to recipients described in sub- ‘‘(h) STIMULUS GRANT FUNDING.—For fiscal section (b)(1); and year 2008, the amount that is 20 percent of close to such individual, before such indi- ‘‘(2) 70 percent of such amounts for stim- the fiscal year 2008 Highway Trust Fund ex- vidual makes such booking, the following: ulus grants to recipients described in sub- cess amount (as defined in section ‘‘(A) The on-time performance for the section (b)(2). 9503(b)(7)(B)(ii) of the Internal Revenue Code flight if the flight is a chronically delayed ‘‘(d) DISTRIBUTION OF FUNDS.— of 1986) shall be available from the Mass flight. ‘‘(1) EXPEDITED NEW STARTS GRANTS.— Transit Account of the Highway Trust Fund ‘‘(B) The cancellation rate for the flight if Funds described in subsection (c)(1) shall be to carry out section 3052 of the Safe, Ac- the flight is a chronically canceled flight. distributed among eligible recipients so that countable, Flexible, Efficient Transportation ‘‘(3) DEFINITIONS.—In this subsection: each recipient receives an equal percentage Equity Act: A Legacy for Users.’’. ‘‘(A) CHRONICALLY DELAYED FLIGHT.—The increase based on the Federal funding com- (c) EXPANDED BUS SERVICE IN SMALL COM- term ‘chronically delayed flight’ means a mitment for fiscal year 2008 specified in At- MUNITIES.—Section 5307(b)(2) of title 49, regularly scheduled flight that has failed to tachment 6 of the recipient’s full funding United States Code, is amended— arrive on time (as such term is defined in grant agreement. (1) in the paragraph heading, by striking section 234.2 of title 14, Code of Federal Reg- ‘‘(2) FORMULA GRANTS.—Of the funds de- ‘‘2007’’ and inserting ‘‘2009’’; ulations) at least 40 percent of the time dur- scribed in subsection (c)(2)— (2) in subparagraph (A), by striking ‘‘2007’’ ing the most recent 3-month period for which ‘‘(A) 60 percent shall be distributed accord- and inserting ‘‘2009’’; and data is available. ing to the formula in subsections (a) through (3) by adding at the end the following: ‘‘(B) CHRONICALLY CANCELED FLIGHT.—The (c) of section 5336 of title 49, United States ‘‘(E) MAXIMUM AMOUNTS IN FISCAL YEARS term ‘chronically canceled flight’ means a Code; and 2008 AND 2009.—In fiscal years 2008 and 2009— regularly scheduled flight at least 30 percent

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3808 CONGRESSIONAL RECORD — SENATE May 6, 2008 of the departures of which have been can- Federal Aviation Administration for thority of the order of the Senate of celed during the most recent 3-month period fiscal years 2008 through 2011, to im- May 2, 2008, an amendment intended to for which data is available.’’. prove aviation safety and capacity, to be proposed by him to the bill H.R. (b) EFFECTIVE DATE.—The amendment 2881, to amend title 49, United States made by subsection (a) shall take effect on provide stable funding for the national the date that is 180 days after the date of the aviation system, and for other pur- Code, to authorize appropriations for enactment of this Act. poses; which was ordered to lie on the the Federal Aviation Administration table; as follows: for fiscal years 2008 through 2011, to SA 4664. Mr. DEMINT submitted, At the appropriate place, insert the fol- improve aviation safety and capacity, under authority of the order of the lowing: to provide stable funding for the na- Senate of May 2, 2008, an amendment SEC. lll. CERTAIN PROVISION IS NULL AND tional aviation system, and for other intended to be proposed by him to the VOID. purposes; which was ordered to lie on bill H.R. 2881, to amend title 49, United Section 831, and the amendments made by the table; as follows: States Code, to authorize appropria- such section, are hereby null and void and On page 111, between lines 4 and 5, insert tions for the Federal Aviation Admin- shall have no effect. the following: ‘‘(g) ADJUSTMENT FOR FUEL COSTS.— istration for fiscal years 2008 through SA 4667. Mrs. HUTCHISON sub- 2011, to improve aviation safety and ca- ‘‘(1) IN GENERAL.—The Secretary shall admitted, under authority of the order of just the rate at which compensation is being pacity, to provide stable funding for the Senate of May 2, 2008, an amend- paid under this subchapter for fuel costs to the national aviation system, and for ment intended to be proposed by her to ensure that air carriers providing air service other purposes; which was ordered to the bill H.R. 2881, to amend title 49, or air transportation under this subchapter lie on the table; as follows: United States Code, to authorize appro- are adequately compensated, as provided in At the appropriate place, insert the fol- priations for the Federal Aviation Ad- paragraphs (2) and (3). ‘‘(2) INITIAL ADJUSTMENT.—On the date that lowing: ministration for fiscal years 2008 SEC. ll. CERTAIN PROVISION IS NULL AND is 90 days after the date of the enactment of VOID. through 2011, to improve aviation safe- this Act, the Secretary shall adjust the rate Section 313, and the amendments made by ty and capacity, to provide stable fund- of compensation for fuel costs for each air such section, are hereby null and void and ing for the national aviation system, carrier described in paragraph (1) by the per- shall have no effect. and for other purposes; which was or- centage increase or decrease, as the case dered to lie on the table; as follows: may be, in the average fuel cost per block hour, as reported by the air carrier, for the SA 4665. Mr. DEMINT submitted, On page 99, after line 25, add the following: 90-day period beginning on such date of en- under authority of the order of the (d) EXCEPTION TO CERTAIN BEYOND-PERIM- actment over the average fuel cost per block Senate of May 2, 2008, an amendment ETER EXEMPTIONS.—Section 41718 is amend- hour, as reported by the air carrier, during intended to be proposed by him to the ed— the 90-day period ending on such date of en- (1) in subsection (a), as amended, by strik- bill H.R. 2881, to amend title 49, United actment. ing ‘‘exemptions from the requirements of States Code, to authorize appropria- ‘‘(3) SUBSEQUENT ADJUSTMENTS.—On the subparts K and S of part 93,’’ and insert tions for the Federal Aviation Admin- date that is 180 days after the date of the en- ‘‘from the requirements of subparts K and S actment of this Act, and every 90 days there- istration for fiscal years 2008 through of part 93 of title 14,’’; and after, the Secretary shall adjust the rate of 2011, to improve aviation safety and ca- (2) in subsection (c), as amended, by adding compensation for fuel costs for each air car- pacity, to provide stable funding for at the end the following: rier described in paragraph (1) by the per- the national aviation system, and for ‘‘(5) EXCEPTION TO CERTAIN BEYOND-PERIM- centage increase or decrease, as the case other purposes; which was ordered to ETER EXEMPTIONS.—Of the exemptions grant- may be, in the average fuel cost per block ed under subsection (a), 4 shall be granted lie on the table; as follows: hour, as reported by the air carrier, in the without regard to the competition require- At the appropriate place, insert the fol- most recent 90-day period over the average ment under subsection (a)(2) to air carriers lowing: fuel cost per block hour on which the adjust- for select routes originating from or termi- SEC. ll. EARMARKS. ment for the preceding 90-day period was nating at a medium hub airport that is lo- (a) IN GENERAL.—It shall not be in order to based. cated— consider a provision that proposes a congres- ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— ‘‘(A) outside the perimeter established for sional earmark of appropriated funds author- The Secretary shall make the adjustment civil aircraft operations at Ronald Reagan ized by this Act. under paragraph (1) without regard to any Washington National Airport under section (b) DEFINITIONS.—For the purpose of this adjustment for significantly increased costs 49109; and section, the term ‘‘congressional earmark’’ under subsection (e).’’. ‘‘(B) within a State that contains not fewer means a provision or report language in- than 2 large hub airports that are located cluded primarily at the request of a Member, SA 4670. Mr. BAUCUS submitted, within such perimeter.’’. Delegate, Resident Commissioner, or Sen- under authority of the order of the ator providing, authorizing or recommending SA 4668. Mr. BAUCUS submitted, Senate of May 2, 2008, an amendment a specific amount of discretionary budget intended to be proposed by him to the authority, credit authority, or other spend- under authority of the order of the Senate of May 2, 2008, an amendment bill H.R. 2881, to amend title 49, United ing authority for a contract, loan, loan guar- States Code, to authorize appropria- antee, grant, loan authority, or other ex- intended to be proposed by him to the penditure with or to an entity, or targeted to bill H.R. 2881, to amend title 49, United tions for the Federal Aviation Admin- a specific State, locality or Congressional States Code, to authorize appropria- istration for fiscal years 2008 through district, other than through a statutory or tions for the Federal Aviation Admin- 2011, to improve aviation safety and ca- administrative formula-driven or competi- istration for fiscal years 2008 through pacity, to provide stable funding for tive award process. 2011, to improve aviation safety and ca- the national aviation system, and for (c) SUPERMAJORITY WAIVER AND APPEAL.— pacity, to provide stable funding for other purposes; which was ordered to This section may be waived or suspended in lie on the table; as follows: the Senate only by an affirmative vote of 3⁄5 the national aviation system, and for At the appropriate place, insert the fol- of the Members, duly chosen and sworn. An other purposes; which was ordered to lowing: affirmative vote of 3⁄5 of the Members of the lie on the table; as follows: Senate, duly chosen and sworn, shall be re- SEC. ll. AIRLINE MERGERS. At the appropriate place, insert the fol- In reviewing the proposed merger of North- quired in the Senate to sustain an appeal of lowing: the ruling of the Chair on a point of order west Airlines and Delta Air Lines announced SEC. ll. AIRLINE MERGERS. raised under this section. April 14, 2008, the Assistant Attorney Gen- The Comptroller General of the United eral in charge of the Antitrust Division of States shall conduct a study of, and submit SA 4666. Mr. DEMINT submitted, the Department of Justice shall consider any under authority of the order of the a report regarding, whether the proposed potential adverse effects on competition in merger of Northwest Airlines and Delta Air urban and rural areas with fewer than 200,000 Senate of May 2, 2008, an amendment Lines announced April 14, 2008, will harm air residents. intended to be proposed to amendment transport services in rural areas. SA 4585 proposed by Mr. ROCKEFELLER SA 4671. Mr. BAUCUS submitted, (for himself, Mr. INOUYE, Mr. BAUCUS, SA 4669. Mr. BAUCUS (for himself, under authority of the order of the and Mr. GRASSLEY) to the bill H.R. 2881, Mr. TESTER, Mr. BINGAMAN, Ms. SNOWE, Senate of May 2, 2008, an amendment to amend title 49, United States Code, Mr. WYDEN, Mr. HARKIN, Mr. THUNE, intended to be proposed by him to the to authorize appropriations for the and Mr. LEVIN) submitted, under au- bill H.R. 2881, to amend title 49, United

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3809 States Code, to authorize appropria- At the appropriate place, insert the fol- tions for the Federal Aviation Admin- tions for the Federal Aviation Admin- lowing: istration for fiscal years 2008 through istration for fiscal years 2008 through SEC. lll. STUDY ON IMPACT OF PROPOSED 2011, to improve aviation safety and ca- MERGER BETWEEN DELTA AIR pacity, to provide stable funding for 2011, to improve aviation safety and ca- LINES AND NORTHWEST AIRLINES pacity, to provide stable funding for ON AIR TRANSPORTATION MARKET the national aviation system, and for the national aviation system, and for IN EUROPE. other purposes; which was ordered to other purposes; which was ordered to The Secretary of Transportation shall con- lie on the table; as follows: lie on the table; as follows: duct a study on the proposed merger between At the end of title VII, insert the fol- Delta Air Lines and Northwest Airlines— At the appropriate place, insert the following: (1) to estimate, if such merger were com- lowing: SEC. ll. STUDY OF THE IMPACT THAT AIRLINE pleted, what share of the air transportation MERGERS HAVE HAD ON RURAL SEC. ll. AIRLINE MERGERS. market in Europe such merged entity would AREAS. In reviewing the proposed merger of North- have, taking into consideration the Open (a) IN GENERAL.—The Attorney General west Airlines and Delta Air Lines announced Skies Initiative; and shall conduct a study on the impact that air- April 14, 2008, the Assistant Attorney Gen- (2) to determine whether permitting such line mergers have had on rural areas since eral in charge of the Antitrust Division of merger would violate any trade agreement deregulation of the airline industry in 1978. the Department of Justice shall consider with respect to which the United States is a (b) REPORT.—Not later than 90 days after whether Northwest Airlines or Delta Air party. the date of enactment of this Act, the Attor- Lines would be able to continue business op- ney General shall submit the findings from erations if such proposed merger does not SA 4674. Mr. BAUCUS submitted, the study required by subsection (a) to Con- occur. under authority of the order of the gress. (c) DEFINITION.—In this section, the term SA 4672. Mr. BAUCUS submitted, Senate of May 2, 2008, an amendment ‘‘rural areas’’ means areas having fewer than under authority of the order of the intended to be proposed by him to the 50,000 residents. Senate of May 2, 2008, an amendment bill H.R. 2881, to amend title 49, United intended to be proposed by him to the States Code, to authorize appropria- SA 4677. Mr. BAUCUS submitted, bill H.R. 2881, to amend title 49, United tions for the Federal Aviation Admin- under authority of the order of the Senate of May 2, 2008, an amendment States Code, to authorize appropria- istration for fiscal years 2008 through intended to be proposed by him to the tions for the Federal Aviation Admin- 2011, to improve aviation safety and ca- bill H.R. 2881, to amend title 49, United istration for fiscal years 2008 through pacity, to provide stable funding for States Code, to authorize appropria- 2011, to improve aviation safety and ca- the national aviation system, and for tions for the Federal Aviation Admin- pacity, to provide stable funding for other purposes; which was ordered to lie on the table; as follows: istration for fiscal years 2008 through the national aviation system, and for 2011, to improve aviation safety and ca- other purposes; which was ordered to At the end of title VII, insert the following: pacity, to provide stable funding for lie on the table; as follows: the national aviation system, and for At the appropriate place, insert the fol- SEC. ll. ACTION BY STATE ATTORNEYS GEN- ERAL AGAINST DELTA AND NORTH- other purposes; which was ordered to lowing: WEST MERGER. lie on the table; as follows: SEC. ll. AIRLINE MERGERS. Congress encourages the Attorney General At the end of title VII, insert the fol- (a) IN GENERAL.—For any covered airline of any State adversely impacted by the pro- lowing: merger, the waiting period described in sec- posed Delta and Northwest merger to bring tion 7A(b)(1) of the Clayton Act (15 U.S.C. SEC. ll. STUDY OF THE IMPACT THAT AIRLINE an action under the Clayton Act to enjoin MERGERS HAVE HAD ON NEW COM- 18a(b)(1)) for that covered airline merger the merger or recover any appropriate dam- MERCIAL AIRLINE ENTRIES INTO shall expire on the latter of— ages. RURAL MARKETS. (1) the date that is 1 year after the date of (a) IN GENERAL.—The Attorney General enactment of this Act; or SA 4675. Mr. BAUCUS submitted, shall conduct a study on the impact that air- (2) the date that such waiting period other- under authority of the order of the line mergers have had on new commercial wise expires under section 7A(b)(1) of the Senate of May 2, 2008, an amendment airline entries into rural markets. Clayton Act (15 U.S.C. 18a(b)(1)) (including intended to be proposed by him to the (b) REPORT.—Not later than 90 days after such later date as may be set under sub- the date of enactment of this Act, the Attor- section (e)(2) or (g)(2) of such section). bill H.R. 2881, to amend title 49, United ney General shall submit the findings from (b) DEFINITION OF COVERED AIRLINE MERG- States Code, to authorize appropria- the study required by subsection (a) to Con- ER.—In this section, the term ‘‘covered air- tions for the Federal Aviation Admin- gress. line merger’’ means any acquisition of vot- istration for fiscal years 2008 through ing securities or assets of a person in the air 2011, to improve aviation safety and ca- SA 4678. Mr. BAUCUS submitted, transport services industry— pacity, to provide stable funding for under authority of the order of the (1) relating to which— the national aviation system, and for Senate of May 2, 2008, an amendment (A) a notice is filed pursuant to the rules intended to be proposed by him to the under section 7A(d)(1) of the Clayton Act (15 other purposes; which was ordered to lie on the table; as follows: bill H.R. 2881, to amend title 49, United U.S.C. 18a(d)(1)) during the 1-year period be- States Code, to authorize appropria- ginning on the date of enactment of this Act; At the appropriate place, insert the fol- or lowing: tions for the Federal Aviation Admin- (B) the waiting period described in section SEC. lll. STUDY ON EXISTING CODE-SHARING istration for fiscal years 2008 through 7A(b)(1) of the Clayton Act (15 U.S.C. AGREEMENTS AND PROPOSED 2011, to improve aviation safety and ca- 18a(b)(1)) has not expired on the date of en- MERGER BETWEEN DELTA AIR pacity, to provide stable funding for actment of this Act; and LINES AND NORTHWEST AIRLINES. the national aviation system, and for (2) that the Assistant Attorney General in The Secretary of Transportation shall con- other purposes; which was ordered to charge of the Antitrust Division of the De- duct a study on the proposed merger between lie on the table; as follows: partment of Justice determines is likely to Delta Air Lines and Northwest Airlines to At the appropriate place, insert the fol- result in layoffs in, or reductions in air assess whether, because of existing code- lowing: transport services to, rural areas. sharing agreements between Northwest Air- lines, Air France, and KLM Royal Dutch Air- SEC. ll. AIRLINE MERGERS. SA 4673. Mr. BAUCUS submitted, lines— The Comptroller General of the United under authority of the order of the (1) such merger would provide greater ac- States shall conduct a study of, and submit cess to United States air transportation a report to Congress regarding, the effect of Senate of May 2, 2008, an amendment the proposed merger of Northwest Airlines intended to be proposed by him to the markets by Air France and KLM Royal Dutch Airlines; and and Delta Air Lines announced April 14, 2008, bill H.R. 2881, to amend title 49, United (2) such increased access would be in the on— States Code, to authorize appropria- United States public interest. (1) the compensation of executives of such tions for the Federal Aviation Admin- companies; and istration for fiscal years 2008 through SA 4676. Mr. BAUCUS submitted, (2) the liabilities of the employee pension 2011, to improve aviation safety and ca- under authority of the order of the benefit plans of such companies relating to employees that are not executive-level em- pacity, to provide stable funding for Senate of May 2, 2008, an amendment ployees. the national aviation system, and for intended to be proposed by him to the other purposes; which was ordered to bill H.R. 2881, to amend title 49, United SA 4679. Ms. CANTWELL submitted, lie on the table; as follows: States Code, to authorize appropria- under authority of the order of the

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(B) to develop a method to assess and en- States Code, to authorize appropria- (b) DEMONSTRATION GRANTS.— sure that such operators comply with the re- (1) IN GENERAL.—The Administrator shall tions for the Federal Aviation Admin- quirements described in subparagraph (A). istration for fiscal years 2008 through award not more than 4 grants for pilot prop- (2) COMPLETION.—The rulemaking initi- erty redevelopment demonstration projects 2011, to improve aviation safety and ca- ated under paragraph (1) shall be completed pacity, to provide stable funding for distributed geographically and targeted to not later than 18 months after it such initi- airports that demonstrate— the national aviation system, and for ation. (A) a readiness to implement cooperative (d) IMPROVING SITUATIONAL AWARENESS.— other purposes; which was ordered to land use management and redevelopment Any helicopter or fixed-wing aircraft used lie on the table; as follows: plans with the adjacent community; for emergency medical service operations On page 99, line 12, strike ‘‘5’’ and insert (B) clear economic benefits to the local that is ordered after the date of the enact- ‘‘7’’. community; and ment of this Act shall have on board a device (C) financial return to the airport through that performs the function of a terrain SA 4680. Ms. CANTWELL submitted, the implementation of the redevelopment awareness and warning system that meets under authority of the order of the plan. the requirements of the applicable Federal (2) FEDERAL SHARE.— Senate of May 2, 2008, an amendment Aviation Administration Technical Standard (A) IN GENERAL.—The United States Gov- intended to be proposed by her to the Order or other guidance prescribed by the ernment share of the allowable costs of a bill H.R. 2881, to amend title 49, United Administration. project under this section shall be 80 percent. States Code, to authorize appropria- (e) IMPROVING THE DATA AVAILABLE TO (B) ALLOWABLE COSTS.—In determining the tions for the Federal Aviation Admin- NTSB INVESTIGATORS AT CRASH SITES.— allowable costs for a project under this sec- istration for fiscal years 2008 through (1) STUDY.—Not later than 1 year after the date of the enactment of this Act, the tion, the Secretary shall deduct, from the 2011, to improve aviation safety and ca- total costs of the activities described in sub- pacity, to provide stable funding for Administrator of the Federal Aviation Ad- ministration shall complete a study that— section (a), the portion of such costs that is the national aviation system, and for (A) analyzes the feasibility of requiring equal to the portion of the total property to other purposes; which was ordered to devices that perform the function of record- be redeveloped under this section that is not lie on the table; as follows: ing voice communications and flight data in- owned and will not be acquired by the air- On page 118, strike line 18 and all that formation on helicopters and fixed wing airport operator pursuant to the noise compat- follows through page 120, line 21, and insert craft used for emergency medical service op- ibility program, the affected neighboring the following: erators; and local jurisdictions, or other public entities. (3) MAXIMUM AMOUNT.—Not more than SEC. 508. INCREASING SAFETY FOR HELICOPTER (B) addresses issues related to surviv- AND FIXED WING EMERGENCY MED- ability, weight, and financial considerations $5,000,000 of the amounts made available ICAL SERVICE OPERATORS AND PA- of the requirement described in subpara- under section 47117(e) of title 49, United TIENTS. graph (A). States Code, may be expended under this pilot program at any single public use air- (a) COMPLIANCE REGULATIONS.— (2) RULEMAKING.—Not later than 2 years (1) IN GENERAL.—Except as provided in after the date of the enactment of this Act, port. paragraph (2), not later than 18 months after the Administrator of the Federal Aviation (4) EXCEPTION.—The amounts paid to the the date of the enactment of this Act, all pi- Administration shall issue regulations that Secretary under paragraph (3)— lots of a helicopter or fixed wing aircraft require devices that perform the function of (A) shall be in addition to amounts made providing emergency medical services shall recording voice communications and flight available under section 48103 of title 49, comply with part 135 of title 14, Code of Fed- data information on board aircraft described United States Code; eral Regulations, if there is a medical crew in paragraph (1)(A). (B) shall not be subject to any limitation on board, without regard to whether there on grant obligations for any fiscal year; and are patients on board. SA 4681. Ms. CANTWELL submitted, (C) shall remain available until expended. (2) EXCEPTION.—If an aircraft described under authority of the order of the (c) GRANT REQUIREMENTS.—The Adminis- in paragraph (1) is operating under instru- Senate of May 2, 2008, an amendment trator may not award a demonstration grant ment flight rules or is carrying out training intended to be proposed by her to the under this section unless— therefor— (1) grant funds are used to enable the air- (A) the weather minimums and duty and bill H.R. 2881, to amend title 49, United States Code, to authorize appropria- port operator and local jurisdictions under- rest time regulations under such part 135 of taking the community redevelopment effort such title shall apply; and tions for the Federal Aviation Admin- to expedite redevelopment efforts; and (B) the weather reporting requirement at istration for fiscal years 2008 through (2) the grant is subject to a requirement the destination shall not apply until such 2011, to improve aviation safety and ca- that— time as the Administrator of the Federal pacity, to provide stable funding for (A) the local jurisdiction governing the Aviation Administration determines that the national aviation system, and for property interests in question adopts zoning suitable, cost-effective, portable, and accu- regulations that permit airport compatible rate ground-based weather measuring and re- other purposes; which was ordered to lie on the table; as follows: redevelopment; and porting systems are available. (B) in determining the part of the proceeds (b) IMPLEMENTATION OF FLIGHT RISK Strike section 712 and insert the following: from disposing of the land that is subject to EVALUATION PROGRAM.— SEC. 712. PILOT PROGRAM FOR REDEVELOP- repayment or reinvestment under section (1) INITIATION.—Not later than 60 days MENT OF AIRPORT PROPERTIES. 47107(c)(2)(A) of title 49, United States Code, after the date of the enactment of this Act, (a) IN GENERAL.—Not later than 1 year the total amount of the grant issued under the Administrator of the Federal Aviation after the date of the enactment of this Act, this section is added to the amount of any Administration shall initiate a rulemaking— the Administrator of the Federal Aviation grants awarded to acquire land. (A) to create a standardized checklist of Administration shall establish a pilot pro- risk evaluation factors based on Notice gram at not more than 4 public use airports, (d) NOISE COMPATIBILITY MEASURES.—Sec- 8000.301, which was issued by the Administra- under which local airport operators, which tion 47504(a)(2) is amended— tion on August 1, 2005; and have submitted a noise compatibility pro- (1) in subparagraph (D), by striking ‘‘and’’ (B) to require helicopter and fixed wing gram approved by the Federal Aviation Ad- at the end; aircraft emergency medical service operators ministration under section 47504 of title 49, (2) in subparagraph (E), by striking the pe- to use the checklist created under subpara- United States Code, will be awarded dem- riod at the end and inserting ‘‘; and’’; and graph (A) to determine whether a mission onstration grants, from amounts made avail- (3) by adding at the end the following: should be accepted. able under section 47117(e) of title 49, United ‘‘(F) joint comprehensive land use planning (2) COMPLETION.—The rulemaking initi- States Code, and passenger facility revenue including master plans, traffic studies, envi- ated under paragraph (1) shall be completed collected under section 40117 of title 49, ronmental evaluation and economic and fea- not later than 18 months after it such initi- United States Code, to establish partnerships sibility studies, with neighboring local juris- ation. with affected neighboring local jurisdic- dictions undertaking community redevelop- (c) COMPREHENSIVE CONSISTENT FLIGHT tions— ment in the area where the land or other DISPATCH PROCEDURES.— (1) to support joint planning, engineering property interest acquired by the airport op- (1) INITIATION.—Not later than 60 days design, and environmental permitting for the erator pursuant to this subsection is located, after the date of the enactment of this Act, assembly and redevelopment of property pur- to encourage and enhance redevelopment op- the Administrator of the Federal Aviation chased with noise mitigation funds or pas- portunities that reflect zoning and uses that Administration shall initiate a rulemaking— senger facility revenue; will prevent the introduction of additional (A) to require that helicopter and fixed (2) to encourage airport compatible land incompatible uses and enhance redevelop- wing emergency medical service operators uses; and ment potential.’’.

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(e) USE OF PASSENGER FACILITY REVENUE.— (3) An evaluation of the adequacy of the in- At the appropriate place, insert the fol- Eligible agencies that own or operate air- ternal controls of the Federal Aviation Ad- lowing: ports designated by the Administrator for ministration for ensuring compliance with SEC. ll. DEFINITIONS RELATING TO AMATEUR- participation in the pilot program under this and enforcement of security regulations, BUILT AIRCRAFT. section may use passenger facility revenue processes, and standards relating to physical As used in section 21.191(g) of title 14, Code collected under section 40117 of title 49, security at National Airspace System facili- of Federal Regulations— United States Code, to pay for any project ties. (1) the term ‘‘fabricated’’ means to perform costs described in subsection (a) that are not (4) An evaluation of the adequacy of secu- work on a part or component, such as gluing, financed with a demonstration grants award- rity training, antiterrorism training, and forming, shaping, trimming, drilling, apply- ed under this section. weapons qualifications training provided to ing protective coatings, riveting, spot weld- (f) REPORT TO CONGRESS.—Not later than 30 contract security guards. ing or heat-treating, transforming the part months after the date on which the first (5) An evaluation of the regulations, proc- or component into its finished state for in- grant is awarded under this section, the Ad- esses, and standards of the Federal Aviation clusion into a sub-assembly or within a final ministrator shall submit a report to Con- Administration relating to drug and alcohol assembly; and gress that describes the effectiveness of the testing and background checks of contract (2) the term ‘‘major portion’’ means more program. security guards. than 1⁄2 of the sum of the applicable fabrica- (g) SUNSET.—This section shall expire on (6) An evaluation of the adequacy of the in- tion, assembly, and installation tasks needed September 30, 2011. ternal controls of the Federal Aviation Ad- to complete an airworthy aircraft. ministration for ensuring full compliance SA 4682. Mrs. MURRAY submitted, with and enforcement of regulations, proc- SA 4686. Mr. CARPER (for himself under authority of the order of the esses, and standards applicable to the hiring and Mr. VOINOVICH) submitted, under Senate of May 2, 2008, an amendment and training of contract security guards. authority of the order of the Senate of intended to be proposed by her to the (c) REPORT.—Not later than 180 days after May 2, 2008, an amendment intended to the date of the enactment of this Act, the In- bill H.R. 2881, to amend title 49, United be proposed by him to the bill H.R. spector General shall submit the Committee 2881, to amend title 49, United States States Code, to authorize appropria- on Appropriations and the Committee on Code, to authorize appropriations for tions for the Federal Aviation Admin- Commerce, Science, and Transportation of the Federal Aviation Administration istration for fiscal years 2008 through the Senate and the Committee on Appropria- for fiscal years 2008 through 2011, to 2011, to improve aviation safety and cations and the Committee on Transportation improve aviation safety and capacity, pacity, to provide stable funding for and Infrastructure of the House of Rep- resentatives a report containing— to provide stable funding for the na- the national aviation system, and for tional aviation system, and for other other purposes; which was ordered to (1) the results of the evaluation required under subsection (a); and purposes; which was ordered to lie on lie on the table; as follows: (2) any recommendations to the Federal the table; as follows: On page 190, between lines 2 and 3, insert Aviation Administration with respect to im- At the appropriate place, insert the fol- the following: proving— lowing: SEC. 717. PROHIBITION ON USE OF FUNDS TO RE- (A) regulations, processes, and standards Subtitle l—Infrastructure Improvement DUCE HOURS AT THE SPOKANE for ensuring adequate physical security at ll INTERNATIONAL AIRPORT AIR TRAF- National Airspace System facilities; and SEC. 1. SHORT TITLE. This subtitle may be cited as the ‘‘Na- FIC CONTROL TOWER. (B) oversight of and compliance with secu- tional Infrastructure Improvement Act of None of the amounts authorized to be ap- rity measures at National Airspace System 2008’’. propriated or otherwise made available by facilities. this Act may be obligated or expended to re- SEC. ll2. DEFINITIONS. duce the hours of operation of the Spokane SA 4684. Mrs. MURRAY submitted, In this subtitle: International Airport (GEG) Air Traffic Con- under authority of the order of the (1) ACQUISITION.—The term ‘‘acquisition’’ trol Tower. includes any necessary activities for siting a Senate of May 2, 2008, an amendment facility, equipment, structures, or rolling intended to be proposed by her to the Mrs. MURRAY submitted, stock by purchase, lease-purchase, trade, or SA 4683. bill H.R. 2881, to amend title 49, United under authority of the order of the donation. States Code, to authorize appropria- (2) COMMISSION.—The term ‘‘Commission’’ Senate of May 2, 2008, an amendment tions for the Federal Aviation Admin- means the National Commission on the In- intended to be proposed by her to the istration for fiscal years 2008 through frastructure of the United States established bill H.R. 2881, to amend title 49, United 2011, to improve aviation safety and ca- by section ll3(a). States Code, to authorize appropria- pacity, to provide stable funding for (3) CONSTRUCTION.—The term ‘‘construc- tions for the Federal Aviation Admin- the national aviation system, and for tion’’ means— istration for fiscal years 2008 through (A) the design, planning, and erection of other purposes; which was ordered to new infrastructure; 2011, to improve aviation safety and ca- lie on the table; as follows: pacity, to provide stable funding for (B) the expansion of existing infrastruc- On page 95, between lines 21 through 22, in- ture; the national aviation system, and for sert the following: (C) the reconstruction of an infrastructure other purposes; which was ordered to (c) LIMITATION ON LOCAL SHARE.—Section project at an existing site; and lie on the table; as follows: 47124(b)(3) is amended by adding at the end (D) the installation of initial or replace- On page 131, between lines 13 and 14, insert the following: ment infrastructure equipment. the following: ‘‘(F) LIMITATION ON LOCAL SHARE FOR CER- (4) INFRASTRUCTURE.— TAIN AIRPORTS.—Notwithstanding any other SEC. 520. INSPECTOR GENERAL EVALUATION OF (A) IN GENERAL.—The term ‘‘infrastruc- SECURITY AT NATIONAL AIRSPACE provision of this section, in the case of an ture’’ means a nonmilitary structure or fa- SYSTEM FACILITIES. airport that is certified under part 139 of cility, and any equipment and any non- (a) IN GENERAL.—The Inspector General of title 14, Code of Federal Regulations, and structural elements associated with such a the Department of Transportation shall con- that has more than 10,000 but fewer than structure or facility. duct an evaluation of physical security at 50,000 passenger enplanements per year, the (B) INCLUSIONS.—The term ‘‘infrastruc- Federal Aviation Administration National local share of the costs of carrying out the ture’’ includes— Airspace System facilities. Contract Tower Program shall not exceed 20 (i) a surface transportation facility (such (b) CONTENTS.—The evaluation required percent.’’. as a road, bridge, highway, public transpor- under subsection (a) shall include the fol- tation facility, and freight and passenger lowing: SA 4685. Mr. WYDEN submitted, rail), as the Commission, in consultation (1) A comprehensive assessment of the se- under authority of the order of the with the National Surface Transportation curity regulations, processes, and standards Senate of May 2, 2008, an amendment Policy and Revenue Study Commission es- of the Federal Aviation Administration for intended to be proposed by him to the tablished by section 1909(b)(1) of the Safe, ensuring adequate physical security at Na- bill H.R. 2881, to amend title 49, United Accountable, Flexible, Efficient Transpor- tional Airspace System facilities. States Code, to authorize appropria- tation Equity Act: A Legacy for Users (Pub- (2) A comprehensive assessment of the tions for the Federal Aviation Admin- lic Law 109–59; 119 Stat. 1471), determines to compliance of the Federal Aviation Adminis- istration for fiscal years 2008 through be appropriate; tration with existing security regulations, 2011, to improve aviation safety and ca- (ii) a mass transit facility; processes, and standards at all National Air- (iii) an airport or airway facility; space System facilities, including air traffic pacity, to provide stable funding for (iv) a resource recovery facility; control towers, terminal radar approach con- the national aviation system, and for (v) a water supply and distribution system; trol facilities, and air route traffic control other purposes; which was ordered to (vi) a wastewater collection, conveyance, centers. lie on the table; as follows: or treatment system, and related facilities;

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3812 CONGRESSIONAL RECORD — SENATE May 6, 2008 (vii) a stormwater treatment system to (A) shall not affect the powers of the Com- meeting national infrastructure investment manage, reduce, treat, or reuse municipal mission; and needs to effectuate balanced economic devel- stormwater; (B) shall be filled, not later than 30 days opment; (viii) waterways, locks, dams, and associ- after the date on which the vacancy occurs, (2) on infrastructure improvements and ated facilities; in the same manner as the original appoint- methods of delivering and providing for in- (ix) a levee and any related flood damage ment was made. frastructure facilities; reduction facility; (d) INITIAL MEETING.—Not later than 30 (3) for analysis or criteria and procedures (x) a dock or port; and days after the date on which all members of that may be used by Federal agencies and (xi) a solid waste disposal facility. the Commission have been appointed, the State and local governments in— (5) NONSTRUCTURAL ELEMENTS.—The term Commission shall hold the initial meeting of (A) inventorying existing and needed infra- ‘‘nonstructural elements’’ includes — the Commission. structure improvements; (A) any feature that preserves and restores (e) MEETINGS.—The Commission shall meet (B) assessing the condition of infrastruc- a natural process, a landform (including a at the call of the Chairperson or the request ture improvements; floodplain), a natural vegetated stream side of the majority of the Commission members. (C) developing uniform criteria and proce- buffer, wetland, or any other topographical (f) QUORUM.—A majority of the members of dures for use in conducting the inventories feature that can slow, filter, and naturally the Commission shall constitute a quorum, and assessments; and store storm water runoff and flood waters; but a lesser number of members may hold (D) maintaining publicly accessible data; (B) any natural design technique that per- hearings. and colates, filters, stores, evaporates, and de- (g) CHAIRPERSON AND VICE CHAIRPERSON.— (4) for proposed guidelines for the uniform tains water close to the source of the water; The Commission shall select a Chairperson reporting, by Federal agencies, of construc- and and Vice Chairperson from among the mem- tion, acquisition, rehabilitation, and mainte- (C) any feature that minimizes or dis- bers of the Commission. nance data with respect to infrastructure connects impervious surfaces to slow runoff SEC. ll4. DUTIES. improvements. or allow precipitation to percolate. (a) STUDY.— (c) STATEMENT AND RECOMMENDATIONS.— (6) MAINTENANCE.—The term ‘‘mainte- (1) IN GENERAL.—Not later than February Not later than February 15, 2010, the Com- nance’’ means any regularly scheduled activ- mission shall submit to Congress— ity, such as a routine repair, intended to en- 15, 2010, the Commission shall complete a study of all matters relating to the state of (1) a detailed statement of the findings and sure that infrastructure continues to operate conclusions of the Commission; and efficiently and as intended. the infrastructure of the United States. (2) MATTERS TO BE STUDIED.—In carrying (2) the recommendations of the Commis- (7) REHABILITATION.—The term ‘‘rehabilita- sion under subsection (b), including rec- tion’’ means an action to extend the useful out paragraph (1), the Commission shall study matters such as— ommendations for such legislation and ad- life or improve the effectiveness of existing ministrative actions for 5-, 15-, 30-, and 50- infrastructure, including— (A) the capacity of infrastructure to sustain current and anticipated economic devel- year time periods as the Commission con- (A) the correction of a deficiency; siders to be appropriate. (B) the modernization or replacement of opment and competitiveness, including long- equipment; term economic growth, including the poten- SEC. ll5. POWERS OF THE COMMISSION. (C) the modernization of, or replacement of tial return to the United States economy on (a) HEARINGS.—The Commission shall hold parts for, rolling stock relating to infra- investments in new infrastructure as op- such hearings, meet and act at such times structure; posed to investments in existing infrastruc- and places, take such testimony, administer (D) the use of nonstructural elements; and ture; such oaths, and receive such evidence as the (E) the removal of infrastructure that is (B) the age and condition of public infra- Commission considers advisable to carry out deteriorated or no longer useful. structure (including congestion and changes this subtitle. (b) INFORMATION FROM FEDERAL AGEN- SEC. ll3. ESTABLISHMENT OF COMMISSION. in the condition of that infrastructure as CIES.— (a) ESTABLISHMENT.—There is established a compared with preceding years); commission to be known as the ‘‘National (C) the methods used to finance the con- (1) IN GENERAL.—The Commission may se- Commission on the Infrastructure of the struction, acquisition, rehabilitation, and cure directly from a Federal agency such in- United States’’ to ensure that the infrastruc- maintenance of infrastructure (including formation as the Commission considers nec- ture of the United States— general obligation bonds, tax-credit bonds, essary to carry out this subtitle. (1) meets current and future demand; revenue bonds, user fees, excise taxes, direct (2) PROVISION OF INFORMATION.—On request (2) facilitates economic growth; governmental assistance, and private invest- of the Chairperson of the Commission, the (3) is maintained in a manner that ensures ment); head of the Federal agency shall provide the public safety; and (D) any trends or innovations in methods information to the Commission. (4) is developed or modified in a sustain- used to finance the construction, acquisi- (c) GIFTS.—The Commission may accept, able manner. tion, rehabilitation, and maintenance of in- use, and dispose of gifts or donations of serv- (b) MEMBERSHIP.— frastructure; ices or property. (1) COMPOSITION.—The Commission shall be (E) investment requirements, by type of in- (d) CONTRACTS.—The Commission may composed of 8 members, of whom— frastructure, that are necessary to maintain enter into contracts with other entities, in- (A) 2 members shall be appointed by the the current condition and performance of the cluding contracts under which 1 or more en- President; infrastructure and the investment needed tities, with the guidance of the Commission, (B) 2 members shall be appointed by the (adjusted for inflation and expressed in real conduct the study required under section Speaker of the House of Representatives; dollars) to improve infrastructure in the fu- ll4(a). (C) 1 member shall be appointed by the mi- ture; (e) POSTAL SERVICES.—The Commission nority leader of the House of Representa- (F) based on the current level of expendi- may use the United States mails in the same tives; ture (calculated as a percentage of total ex- manner and under the same conditions as (D) 2 members shall be appointed by the penditure and in constant dollars) by Fed- other agencies of the Federal Government. majority leader of the Senate; and eral, State, and local governments— SEC. ll6. COMMISSION PERSONNEL MATTERS. (E) 1 member shall be appointed by the mi- (i) the projected amount of need the ex- (a) COMPENSATION OF MEMBERS.—A member nority leader of the Senate. penditures will meet 5, 15, 30, and 50 years of the Commission shall serve without pay, (2) QUALIFICATIONS.—Each member of the after the date of the enactment of this Act; but shall be allowed a per diem allowance for Commission shall— and travel expenses, at rates authorized for an (A) have experience in 1 or more of the (ii) the levels of investment requirements, employee of an agency under subchapter I of fields of economics, public administration, as identified under subparagraph (E); chapter 57 of title 5, United States Code, civil engineering, public works, construc- (G) any trends or innovations in infra- while away from the home or regular place tion, and related design professions, plan- structure procurement methods; of business of the member in the perform- ning, public investment financing, environ- (H) any trends or innovations in construc- ance of the duties of the Commission. mental engineering, or water resources engi- tion methods or materials for infrastructure; (b) STAFF.— neering; and (I) the impact of local development pat- (1) IN GENERAL.—The Chairperson of the (B) represent a cross-section of geo- terns on demand for Federal funding of infra- Commission may, without regard to the civil graphical regions of the United States. structure; service laws, including regulations, appoint (3) DATE OF APPOINTMENTS.—The members (J) the impact of deferred maintenance; and terminate an executive director and of the Commission shall be appointed under and such other additional personnel as are nec- paragraph (1) not later than 90 days after (K) the collateral impact of deteriorated essary to enable the Commission to perform date of the enactment of this Act. infrastructure. the duties of the Commission. (c) TERM; VACANCIES.— (b) RECOMMENDATIONS.—The Commission (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— (1) TERM.—A member shall be appointed shall develop recommendations— The employment of an executive director for the life of the Commission. (1) on a Federal infrastructure plan that shall be subject to confirmation by a major- (2) VACANCIES.—A vacancy in the Commis- will detail national infrastructure program ity of the members of the Commission. sion— priorities, including alternative methods of (3) COMPENSATION.—

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(A) IN GENERAL.—Except as provided in (3) the Administrator of the Environ- tifications, and the Air Transportation Cen- subparagraph (B), the Chairperson of the mental Protection Agency shall transfer to ters of Excellence Program. Commission may fix the compensation of the the Commission $250,000 for use in carrying (D) An identification of technologies nec- executive director and other personnel without this subtitle. essary to support space transportation. out regard to the provisions of chapter 51 and SEC. ll9. TERMINATION OF COMMISSION. subchapter III of chapter 53 of title 5, United The Commission shall terminate on Sep- SA 4688. Mr. LAUTENBERG (for him- States Code, relating to classification of po- tember 30, 2011. self, Mr. SCHUMER, Mrs. CLINTON, and sitions and General Schedule pay rates. Mr. MENENDEZ) submitted, under au- (B) MAXIMUM RATE OF PAY.—In no event SA 4687. Mr. MARTINEZ submitted, thority of the order of the Senate of shall any employee of the Commission (other under authority of the order of the May 2, 2008, an amendment intended to than the executive director) receive as com- Senate of May 2, 2008, an amendment be proposed by him to the bill H.R. pensation an amount in excess of the max- intended to be proposed by him to the imum rate of pay for Executive Level IV 2881, to amend title 49, United States bill H.R. 2881, to amend title 49, United Code, to authorize appropriations for under section 5315 of title 5, United States States Code, to authorize appropria- Code. the Federal Aviation Administration (c) DETAIL OF FEDERAL GOVERNMENT EM- tions for the Federal Aviation Admin- for fiscal years 2008 through 2011, to PLOYEES.— istration for fiscal years 2008 through improve aviation safety and capacity, (1) IN GENERAL.—An employee of the Fed- 2011, to improve aviation safety and ca- to provide stable funding for the na- eral Government may be detailed to the pacity, to provide stable funding for tional aviation system, and for other Commission without reimbursement. the national aviation system, and for (2) CIVIL SERVICE STATUS.—The detail of a purposes; which was ordered to lie on other purposes; which was ordered to the table; as follows: Federal employee shall be without interrup- lie on the table; as follows: tion or loss of civil service status or privi- At the end of title V, insert the following: At the appropriate place, insert the fol- lege. Subtitle B—Runway Safety (d) PROCUREMENT OF TEMPORARY AND lowing: SECTION 521. SHORT TITLE. INTERMITTENT SERVICES.—On request of the SEC. ll. PLAN FOR THE EXPANSION OF SPACE This subtitle may be cited as the ‘‘Runway Commission, the Secretary of the Army, act- TRANSPORTATION SUPPORT SERV- Safety Improvement Act of 2008’’. ing through the Chief of Engineers, shall pro- ICES. vide, on a reimbursable basis, such office (a) SENSE OF CONGRESS.—It is the sense of SEC. 522. STRATEGIC PLAN FOR RUNWAY SAFETY. space, supplies, equipment, and other sup- Congress that— (a) IN GENERAL.—Not later than 6 months port services to the Commission and staff of (1) the space transportation industry of the after the date of the enactment of this Act, the Commission as are necessary for the United States has matured to the point that the Administrator of the Federal Aviation Commission to carry out the duties of the civilian and commercial launch require- Administration (referred to in this subtitle Commission under this subtitle. ments can appropriately be served by the as the ‘‘Administrator’’) shall develop and SEC. ll7. REPORTS. private sector; submit to Congress a report that contains a (a) INTERIM REPORTS.—Not later than 1 (2) the Federal Aviation Administration is strategic runway safety plan. year after the date of the initial meeting of the appropriate regulatory agency for ensur- (b) CONTENTS OF PLAN.—The strategic run- the Commission, the Commission shall sub- ing the safety of space transportation sup- way safety plan submitted under subsection mit an interim report containing a detailed port services; (a) shall— summary of the progress of the Commission, (3) like other transportation modes devel- (1) include— including meetings and hearings conducted oped before space transportation, space (A) goals to improve runway safety; during the interim period, to— launch is becoming increasingly commercial (B) a description of near- and longer-term (1) the President; and increasingly important as a strategic ca- actions designed to reduce the severity, (2) the Committees on Transportation and pability for the economic growth of the number, and rate of runway incursions; Infrastructure and Natural Resources of the United States; and (C) time frames and resources needed for House of Representatives; and (4) the Nation’s space transportation capa- the actions described in subparagraph (B); (3) the Committees on Environment and bilities would benefit from conformity with and Public Works, Energy and Natural Re- the Federal Aviation Administration’s sup- (D) a plan to implement a continuous eval- sources, and Commerce, Science, and Trans- port systems for aviation management and uative process to track performance toward portation of the Senate. infrastructure. the goals referred to in subparagraph (A); (b) FINAL REPORT.—On termination of the (b) PLAN TO EXPAND SPACE TRANSPOR- and Commission under section ll9, the Com- TATION SUPPORT SERVICES.— (2) address the increased runway safety mission shall submit a final report con- (1) IN GENERAL.—Not later than February 1, risk associated with the expected increases taining a detailed statement of the findings 2009, the Administrator of the Federal Avia- in the volume of air traffic. and conclusions of the Commission and rec- tion Administration, in consultation with (c) AUDIT OF STRATEGIC RUNWAY SAFETY ommendations for legislation and other poli- the Administrator of the National Aero- PLAN.—The Comptroller General of the cies to implement those findings and conclu- nautics and Space Administration, the Sec- United States shall— sions, to— retary of the Air Force, and the Commercial (1) conduct an audit of the plan developed (1) the President; Space Transportation Advisory Committee under subsection (a); and (2) the Committees on Transportation and of the Federal Aviation Administration, (2) submit periodic reports to the Com- Infrastructure and Natural Resources of the shall develop and submit to Congress and the mittee on Commerce, Science, and Transpor- House of Representatives; and President a plan to expand space transportation of the Senate and Committee on (3) the Committees on Environment and tation support services to improve the inter- Transportation and Infrastructure of the Public Works, Energy and Natural Re- national competitiveness of the space trans- House of Representatives that describe— sources, and Commerce, Science, and Trans- portation providers and spaceports of the (A) the efficacy of the runway safety plan portation of the Senate. United States. in reducing runway safety risks; and (c) TRANSPARENCY.—A report submitted (2) CONTENTS.—The plan required under (B) the progress of the Federal Aviation under subsection (a) or (b) shall be made paragraph (1) shall include the following: Administration in complying with the plan. available to the public electronically, in a (A) A plan to develop a common civilian SEC. 523. TECHNOLOGY IMPROVEMENTS. user-friendly format, including on the Inter- range safety system to support commercial (a) PLAN AND SCHEDULE FOR INSTALLATION net. and civilian launch and reentry operations AND DEPLOYMENT OF SYSTEMS TO PROVIDE SEC. ll8. FUNDING. at spaceport sites licensed by the Federal ALERTS OF POTENTIAL RUNWAY INCURSIONS.— For each of the fiscal years 2009 through Aviation Administration, including such (1) DEPLOYMENT PLAN.—Not later than De- 2011, upon request by the Commission— sites currently served by United States mili- cember 31, 2008, the Administrator shall sub- (1) using amounts made available to the tary ranges. mit to Congress a plan for the installation of Secretary of Transportation from any source (B) A review of laws, regulations, and poli- and deployment schedule for systems to or account other than the Highway Trust cies that may impede the development of a alert air traffic controllers and flight crews Fund, the Secretary of Transportation shall common civilian range system and the com- of potential runway incursions at— transfer to the Commission $750,000 for use in petitiveness of United States commercial (A) the 35 commercial airports in the carrying out this subtitle; launch providers and spaceports and any rec- United States that are most at risk of run- (2) using amounts from the General Ex- ommendations with respect to amending way incursions; and penses account of the Corps of Engineers such laws, regulations, and policies. (B) general aviation airports identified by (other than amounts in that account made (C) A plan for adapting existing aviation the Administrator as being most at risk of available through the Department of De- support systems to support space transpor- runway incursions. fense), the Secretary of the Army, acting tation, including the National Plan of Inte- (2) CONTENTS.—The plan submitted under through the Chief of Engineers, shall trans- grated Airport Systems, the Airport and Air- paragraph (1) shall— fer to the Commission $250,000 for use in car- way Trust Fund, the Airport Improvement (A) ensure existing technology for im- rying out this subtitle; and Program, aerospace workforce technical cer- proved situational awareness is available to

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MONITORING AND RECORDING EQUIP- installation of advanced surface movement and runway status lights— MENT FOR NAVIGATION AND LIGHT- detection systems. (1) $40,000,000 for fiscal year 2009; ING AIDS. (3) OBJECTIVES.—The installation and de- (2) $45,000,000 for fiscal year 2010; and (a) IN GENERAL.—The Administrator, in ployment schedule required under paragraph (3) $55,000,000 for fiscal year 2011. consultation with the Chairman of the Na- (1) shall ensure that— (c) AUTHORIZATION OF APPROPRIATIONS FOR tional Transportation Safety Board, shall (A) not later than March 31, 2009, the Ad- RUNWAY SAFETY AREA IMPROVEMENTS.— evaluate the potential for improving safety ministrator certifies an integrated aircraft There are authorized to be appropriated to and accident investigations through the use and ground-based capability that transmits the Administrator, from amounts deposited of systems, including existing technologies, direct warnings of runway incursions in the Airport and Airway Trust Fund estab- that record and enable the archival of the through advanced surface movement detec- lished under section 9502(d) of the Internal operational status of lighting systems on the tion systems or other detection systems, as Revenue Code of 1986, to improve runway movement areas of, or that are critical to appropriate, without controller intervention; safety areas to meet Federal Aviation Ad- the safe operations at, airports described in section 44706(a) of title 49, United States (B) not later than December 31, 2009, capa- ministration standards— Code, and the operational status of ground- bility providing aural indication of own air- (1) $150,000,000 for fiscal year 2009; based navigation aids at or near airports de- craft position relative to airport runways is (2) $200,000,000 for fiscal year 2010; and scribed in section 44706(a) of title 49, United installed on— (3) $75,000,000 for fiscal year 2011. States Code, which are used to provide ap- (i) all aircraft operated pursuant to part (d) CODIFICATION OF RUNWAY SAFETY DE- proach, departure, takeoff, and landing guid- SIGN STANDARD COMPLIANCE REQUIREMENT 121 or 135 of title 14, Code of Federal Regula- ance at such airports. FROM PUBLIC LAW 109–115.—Section 44727 is tions, with more than 10 seats; and (b) REPORT.—Not later than 120 days after (ii) all turbine-powered aircraft operated amended by adding at the end the following: the date of the enactment of this Act, the ‘‘(c) DEADLINE FOR RUNWAY SAFETY AREA pursuant to part 91 of such title 14, with Administrator shall submit to the Com- more than 6 seats; DESIGN STANDARD COMPLIANCE.—Not later mittee on Commerce, Science, and Transpor- (C) not later than June 30, 2010, the Admin- than December 31, 2015, the owner or oper- tation of the Senate and the Committee on istrator provides the capability described in ator of each airport described in section Transportation and Infrastructure of the subparagraph (A) at all airports equipped 44706(a) shall improve the airport’s runway House of Representatives a report that de- with advanced surface movement detection safety areas to comply with the Federal scribes the results of the evaluation required systems; Aviation Administration design standards under subsection (a). required under part 139 of title 14, Code of (D) not later than December 31, 2010, all SEC. 527. IMPROVED DATA COLLECTION ON RUN- aircraft described in subparagraph (B) at air- Federal Regulations.’’. WAY OVERRUNS. ports equipped with advanced surface move- (e) ANNUAL REPORT ON RUNWAY SAFETY The Administrator of the Federal Aviation ment detection systems are equipped with AREA COMPLIANCE.—The Administrator shall Administration shall— the capability to receive, process, and annually submit to the Committee on Com- (1) collect data, using either existing present runway incursion alerts to pilots; merce, Science, and Transportation of the sources of aircraft operational incidents or a and Senate and Committee on Transportation new reporting process, regarding aircraft ex- (E) a schedule is published for the equipage and Infrastructure of the House of Rep- cursions that do not result in fatalities, inju- of aircraft operated pursuant to part 125 or resentatives a report that describes the ries, or significant property damage; 129 of title 14, Code of Federal Regulations. progress of the Administration toward im- (2) examine the data collected pursuant to (b) REVIEW OF IMPLEMENTATION OF AD- proving the runway safety areas at airports paragraph (1) on an ongoing basis; and VANCED SURFACE MOVEMENT DETECTION SYS- described in section 44706(a) of title 49, (3) submit an annual report to the Com- TEMS.—The Inspector General of the Depart- United States Code. mittee on Commerce, Science, and Transpor- ment of Transportation shall— SEC. 525. REVIEW OF RUNWAY AND TAXIWAY tation of the Senate and the Committee on (1) review the installation of each ad- LIGHTING AND MARKINGS. Transportation and Infrastructure of the vanced surface movement detection system (a) IN GENERAL.—Not later than 180 days House of Representatives that describes— funded by the Administrator to ensure that after the date of the enactment of this Act, (A) trends and potential safety risks iden- each system functions in accordance with the Administrator shall— tified by the data; and the product’s certification by the Adminis- (1) review the type of runway and taxiway (B) actions taken by airports and the Fed- trator; and lighting (both daytime and nighttime con- eral Aviation Administration to reduce those (2) submit an annual report to the Com- figurations) and markings at large and me- risks. mittee on Commerce, Science, and Transpor- dium hub airports for compliance with tation of the Senate and Committee on standards issued by the Federal Aviation Ad- SA 4689. Mrs. MCCASKILL (for her- Transportation and Infrastructure of the ministration; and self, Mr. SPECTER, Mr. OBAMA, and Mrs. (2) identify runways on which nonstandard House of Representatives that describes the CLINTON) submitted, under authority of lighting and markings, including variance in status of the proper implementation of each the order of the Senate of May 2, 2008, system, including a review of the system’s— illumination levels and standard colors used (A) reliability to ensure it is not suscep- on runways and taxiways, may contribute, or an amendment intended to be proposed tible to failures to generate timely alerts for may have contributed, to operational errors by her to the bill H.R. 2881, to amend controllers to take appropriate action; and or incidents. title 49, United States Code, to author- (B) ability to successfully operate in all (b) INITIAL REPORT.—Not later than 60 days ize appropriations for the Federal Avia- climate conditions in which aircraft oper- after the completion of the review under sub- tion Administration for fiscal years ations are conducted at the airport. section (a), the Administrator shall submit 2008 through 2011, to improve aviation to the Committee on Commerce, Science, SEC. 524. INFRASTRUCTURE UPGRADES. safety and capacity, to provide stable (a) AUTHORIZATION OF APPROPRIATIONS FOR and Transportation of the Senate and the Committee on Transportation and Infra- funding for the national aviation sys- TECHNOLOGY INVESTMENTS.—There are au- tem, and for other purposes; which was thorized to be appropriated to the Adminis- structure of the House of Representatives a trator, from amounts deposited in the Air- report that— ordered to lie on the table; as follows: port and Airway Trust Fund established (1) describes the variance in lighting condi- At the appropriate place, insert the fol- under section 9502(d) of the Internal Revenue tions and markings at airport runways de- lowing: Code of 1986, to install systems designed to scribed in subsection (a); SECTION lll. ENHANCED OVERSIGHT AND IN- reduce the potential for runway incursions (2) identifies those runways that are most SPECTION OF REPAIR STATIONS. through the purchase and installation of ad- likely to contribute to operational errors (a) DEFINITIONS.—In this section: vanced surface movement detection systems, and incidents; and (1) ADMINISTRATOR.—The term ‘‘Adminis- and ground-based infrastructure for cockpit- (3) includes a plan for remedying variance trator’’ means the Administrator of the Fed- direct audible runway incursion warning sys- in lighting conditions and markings at non- eral Aviation Administration. tems— standard runways, including associated (2) AIR CARRIER.—The term ‘‘air carrier’’ (1) $41,000,000 for fiscal year 2009; costs. has the meaning given that term in section (2) $42,250,000 for fiscal year 2010; and (c) COMPREHENSIVE REVIEW AND REPORT.— 40102(a) of title 49, United States Code. (3) $45,000,000 for fiscal year 2011. Not later than January 1, 2010, the Adminis- (3) AIR TRANSPORTATION.—The term ‘‘air (b) AUTHORIZATION OF APPROPRIATIONS FOR trator shall submit to the Committee on transportation’’ has the meaning given that NEAR-TERM IMPROVEMENTS.—There are au- Commerce, Science, and Transportation of term in such section 40102(a).

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(4) AIRCRAFT.—The term ‘‘aircraft’’ has the ‘‘(d) DRUG AND ALCOHOL TESTING OF FOR- (e) ANNUAL REPORT BY INSPECTOR GEN- meaning given that term in such section EIGN REPAIR STATION PERSONNEL.—Not later ERAL.—Not later than 1 year after the date of 40102(a). than 1 year after the date of the enactment the enactment of this Act and annually (5) COVERED MAINTENANCE WORK.—The term of this section, the Administrator shall mod- thereafter, the Inspector General of the De- ‘‘covered maintenance work’’ means mainte- ify the certification requirements under part partment of Transportation shall submit to nance work that is substantial, scheduled, or 145 of title 14, Code of Federal Regulations, Congress a report on the implementation a required inspection item, as determined by to include testing for the use of alcohol or a of— the Administrator. controlled substance in accordance with sec- (1) section 44730 of title 49, United States (6) PART 121 AIR CARRIER.—The term ‘‘part tion 45102 of this title of any individual em- Code, as added by subsection (b)(1) of this 121 air carrier’’ means an air carrier that ployed by a foreign repair station and per- section; holds a certificate under part 121 of title 14, forming a safety-sensitive function on a (2) subsection (b)(2) of this section; Code of Federal Regulations (or any suc- United States commercial aircraft for a for- (4) subsection (d) of this section; and cessor regulation). eign repair station.’’. (5) the regulations prescribed or amended (7) PART 145 REPAIR STATION.—The term (2) TEMPORARY PROGRAM OF IDENTIFICATION under the provisions described in this sub- ‘‘part 145 repair station’’ means a repair sta- AND OVERSIGHT OF NONCERTIFIED REPAIR FA- section. tion that holds a certificate under part 145 of CILITIES.— title 14, Code of Federal Regulations (or any (A) DEVELOP PLAN.—Not later than 180 days SA 4690. Mrs. BOXER submitted, successor regulation). after the date of the enactment of this Act, under authority of the order of the (8) UNITED STATES COMMERCIAL AIRCRAFT.— the Administrator shall develop a plan for a Senate of May 2, 2008, an amendment The term ‘‘United States commercial air- program— intended to be proposed to amendment craft’’ means an aircraft registered in the (i) to require each part 121 air carrier to SA 4627 proposed by Mr. ROCKEFELLER United States and owned or leased by a com- identify and submit to the Administrator a to the bill H.R. 2881, to amend title 49, mercial air carrier. complete list of all noncertificated mainte- United States Code, to authorize appro- (b) REGULATION OF REPAIR STATIONS FOR nance providers that perform covered main- priations for the Federal Aviation Ad- SAFETY.— tenance work on United States commercial (1) IN GENERAL.—Chapter 447 is amended by aircraft used by such part 121 air carriers to ministration for fiscal years 2008 adding at the end the following: provide air transportation; through 2011, to improve aviation safe- ‘‘SEC. 44730. REPAIR STATIONS. (ii) to validate lists described in clause (i) ty and capacity, to provide stable fund- ‘‘(a) DEFINITIONS.—In this section: that are submitted by a part 121 air carrier ing for the national aviation system, ‘‘(1) COVERED MAINTENANCE WORK.—The to the Administrator by sampling the and for other purposes; which was or- term ‘covered maintenance work’ means records of part 121 air carriers, such as main- dered to lie on the table; as follows: maintenance work that is substantial, sched- tenance activity reports and general vendor On page 87, between lines 9 and 10, insert uled, or a required inspection item, as deter- listings; and the following: ‘‘The Secretary may not ap- mined by the Administrator. (iii) to carry out surveillance and oversight prove a contingency service plan that does ‘‘(2) PART 121 AIR CARRIER.—The term ‘part by field inspectors of the Federal Aviation not closely adhere to the standards set forth 121 air carrier’ means an air carrier that Administration of all noncertificated main- in subsection (a)(2).’’. holds a certificate under part 121 of title 14, tenance providers that perform covered Code of Federal Regulations (or any suc- maintenance work on United States com- SA 4691. Mrs. DOLE submitted, under cessor regulation). mercial aircraft for part 121 air carriers. authority of the order of the Senate of ‘‘(3) PART 145 REPAIR STATION.—The term (B) REPORT ON PLAN FOR PROGRAM.—Not May 2, 2008, an amendment intended to ‘part 145 repair station’ means a repair sta- later than 180 days after the date of the en- be proposed by her to the bill H.R. 2881, tion that holds a certificate under part 145 of actment of this Act, the Administrator shall title 14, Code of Federal Regulations (or any to amend title 49, United States Code, submit to Congress a report that contains to authorize appropriations for the successor regulation). the plan required by subparagraph (A). Federal Aviation Administration for ‘‘(4) UNITED STATES COMMERCIAL AIR- (C) IMPLEMENTATION OF PLANNED PRO- CRAFT.—The term ‘United States commercial GRAM.—Not later than 1 year after the date fiscal years 2008 through 2011, to im- aircraft’ means an aircraft registered in the of the enactment of this Act and until regu- prove aviation safety and capacity, to United States and owned or leased by a com- lations are prescribed under section 44730(b) provide stable funding for the national mercial air carrier. of title 49, United States Code, as added by aviation system, and for other pur- ‘‘(b) REQUIREMENTS FOR MAINTENANCE PER- paragraph (1), the Administrator shall carry poses; which was ordered to lie on the SONNEL PROVIDING COVERED MAINTENANCE out the plan required by subparagraph (A). table; as follows: WORK.—Not later than 3 years after the date (D) ANNUAL REPORT ON IMPLEMENTATION.— of the enactment of this section, the Admin- On page 120, between lines 21 and 22, insert Not later than 180 days after the commence- the following: istrator shall prescribe regulations requiring ment of the plan under subparagraph (C) and all covered maintenance work on United (f) NONPREEMPTION.—Nothing in this sec- each year thereafter until the regulations States commercial aircraft to be performed tion or in section 41713(b) of title 49, United described in such subparagraph are pre- by maintenance personnel employed by— States Code, shall affect the authority of a scribed, the Administrator shall submit to ‘‘(1) a part 145 repair station; State or a political subdivision of a State to Congress a report on the implementation of ‘‘(2) a part 121 air carrier; or regulate air ambulance services provided the plan carried out under such subpara- ‘‘(3) a person that provides contract main- within that State with respect to— graph. tenance personnel to a part 145 repair station (1) access to and availability of air ambu- (3) CLERICAL AMENDMENT.—The analysis for or a part 121 air carrier, if such personnel— lance services; or chapter 447 of title 49, United States Code, is (2) the standards of quality of care by air ‘‘(A) meet the requirements of such repair amended by adding at the end the following: ambulance services. station or air carrier, as the case may be; ‘‘44730. Repairs stations.’’. ‘‘(B) work under the direct supervision and SA 4692. Mrs. DOLE submitted, under (d) UPDATE OF FOREIGN REPAIR FEE SCHED- control of such repair station or air carrier, authority of the order of the Senate of as the case may be; and ULE.— ‘‘(C) carry out their work in accordance (1) IN GENERAL.—Not later than 1 year after May 2, 2008, an amendment intended to with the quality control manuals of such re- the date of the enactment of this Act, the be proposed by her to the bill H.R. 2881, pair station or the maintenance manual of Administrator shall revise the methodology to amend title 49, United States Code, such air carrier, as the case may be. for computation of fees for certification to authorize appropriations for the ‘‘(c) CERTIFICATION OF INSPECTION OF FOR- services performed outside the United States Federal Aviation Administration for EIGN REPAIR STATIONS.—Not later than 2 under part 187 of title 14, Code of Federal fiscal years 2008 through 2011, to im- years after the date of the enactment of this Regulations, to cover fully the costs to the prove aviation safety and capacity, to section, and annually thereafter, the Admin- Federal Aviation Administration of such cer- provide stable funding for the national istrator shall certify to Congress that— tification services, including— ‘‘(1) each certified foreign repair station (A) the costs of all related inspection serv- aviation system, and for other pur- that performs maintenance work on an air- ices; poses; which was ordered to lie on the craft or a component of an aircraft for a part (B) all travel expenses, salary, and employ- table; as follows: 121 air carrier has been inspected not fewer ment benefits of inspectors who provide such Beginning on page 65, strike line 24 and all than 2 times in the preceding calendar year services; and that follows through page 66, line 2, and in- by an aviation safety inspector of the Fed- (C) any increased costs to the Administra- sert the following: eral Aviation Administration; and tion resulting from requirements of this sec- (4) Until the recommendations of the ‘‘(2) not fewer than 1 of the inspections re- tion. Board are completed, the Administrator may quired by paragraph (1) for each certified for- (2) UPDATES.—The Administrator shall pe- not— eign repair station was carried out at such riodically revise such methodology to ac- (A) consolidate any additional approach repair station without any advance notice to count for subsequent changes in such costs control facilities into the Southern Cali- such foreign repair station. to the Administration. fornia TRACON or the Memphis TRACON; or

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3816 CONGRESSIONAL RECORD — SENATE May 6, 2008 (B) de-consolidate, de-combine, split, or to authorize appropriations for the sale or use in a trade or business of the tax- otherwise realign the approach control fa- Federal Aviation Administration for payer. cilities at Charlotte Douglas International fiscal years 2008 through 2011, to im- ‘‘(2) ALTERNATIVE AND UNCONVENTIONAL Airport. AVIATION FUEL MIXTURE.—For purposes of prove aviation safety and capacity, to this subsection, the term ‘alternative and SA 4693. Mr. BUNNING submitted, provide stable funding for the national unconventional aviation fuel mixture’ means under authority of the order of the aviation system, and for other pur- a mixture of alternative and unconventional Senate of May 2, 2008, an amendment poses; which was ordered to lie on the aviation fuel and aviation-grade kerosene intended to be proposed by him to the table; as follows: which— bill H.R. 2881, to amend title 49, United Strike section 603 and insert the following: ‘‘(A) is sold by the taxpayer producing such mixture to any person for use as a fuel, or States Code, to authorize appropria- SEC. 603. AVIATION FUEL PRODUCED FROM CLEAN COAL AND ALTERNATIVE ‘‘(B) is used as a fuel by the taxpayer pro- tions for the Federal Aviation Admin- AND UNCONVENTIONAL DOMESTIC ducing such mixture. istration for fiscal years 2008 through FEEDSTOCKS FOR CIVILIAN AND ‘‘(3) ALTERNATIVE AND UNCONVENTIONAL 2011, to improve aviation safety and ca- MILITARY AIRCRAFT. AVIATION FUEL.—For purposes of this sub- pacity, to provide stable funding for (a) ESTABLISHMENT OF ALTERNATIVE JET section, the term ‘alternative and unconven- the national aviation system, and for FUEL PROGRAM.—From amounts made avail- tional aviation fuel’ means aviation fuel able under section 48102(a) of title 49, United other purposes; which was ordered to that is produced from unconventional re- States Code, the Secretary of Transpor- sources (including coal, natural gas, bio- lie on the table; as follows: tation, in consultation with the Secretary of mass, ethanol, butanol, and hydrogen) and is At the appropriate place, insert the fol- the Air Force, shall establish a program re- determined, through peer-reviewed research lowing: lated to developing jet fuel produced from conducted or reviewed by a National Labora- SECTION ll. FEDERAL FLIGHT DECK OFFICERS. clean coal and from alternative and uncon- tory, or by the head of a Federal agency, Section 44921 is amended— ventional domestic feedstocks. The program would produce lower lifecycle greenhouse gas (1) by amending subsection (a) to read as shall include participation by educational emissions, as compared to the lifecycle follows: and research institutions that have existing greenhouse gas emissions of the displaced ‘‘(a) ESTABLISHMENT.—The Secretary of facilities and experience in the development aviation fuel. Homeland Security shall establish a Federal and deployment of technology that process ‘‘(4) TERMINATION.—This subsection shall flight deck officer program to deputize eligi- coal and alternative and unconventional do- not apply to any sale or use for any period ble pilots as Federal law enforcement offi- mestic feedstocks into aviation fuel. after December 31, 2016.’’. cers to defend against acts of criminal vio- (b) PROGRAM REQUIREMENTS.—Any alter- (2) CONFORMING AMENDMENT.—Section lence and air piracy. Such deputized pilots native jet fuel program established by a Fed- 6426(a)(1) of the Internal Revenue Code of shall be known as ‘Federal flight deck offi- eral agency, including the program estab- 1986 is amended by striking ‘‘and (e)’’ and in- cers’.’’; and lished under subsection (a) and the Depart- serting ‘‘(e), and (i)’’. (2) by amending subsection (f) to read as ment of the Air Force alternative jet fuel (3) EFFECTIVE DATE.—The amendments follows: program, may include grants, reimbursable made by this subsection shall apply to any ‘‘(f) AUTHORITY TO CARRY FIREARMS.— agreements, long-term contracts, and other sale or use after the date of the enactment of ‘‘(1) IN GENERAL.—Notwithstanding any instruments authorized under section this Act. other provision of law, the Secretary shall 106(l)(6) of title 49, United States Code. Such (f) SENSE OF THE SENATE.—It is the sense of authorize Federal flight deck officers to pur- program may include long-term contracts or the Senate that the Department of Transpor- chase and carry a firearm on the officer’s agreements for the acquisition of alternative tation, Federal Aviation Administration, De- person in any State and between States, in jet fuel, but only if such contracts or agree- partment of the Air Force, and other Federal accordance with this section. ments are— agencies should continue research, testing, ‘‘(2) AUTHORITY.—A Federal flight deck of- (1) for a term of not more than 25 years; evaluation, and use of alternative fuels as ficer shall have the same authority to carry (2) at a price that is competitive, through- defined in this section with the goals of— a firearm as the authority granted to other out the term of the contract or agreement, (1) reducing emissions; Federal law enforcement officers under Fed- with the market price of petroleum-derived (2) lowering the cost of aviation fuel; and eral law. aviation fuel of similar quality; and (3) increasing the performance, reliability, ‘‘(3) PROCEDURES.—The operational proce- (3) for a fuel that has lower lifecycle green- and security of aviation fuel production and dures relating to carrying firearms applica- house gas emissions as compared to the supply. ble to Federal flight deck officers may not be lifecycle greenhouse gas emissions of the pe- more restrictive than the procedures that troleum-based aviation fuel that was dis- SA 4695. Mr. BUNNING submitted, are generally imposed on other Federal law placed. under authority of the order of the enforcement officers who are legally author- (c) CLARIFICATION.—In the case of a Federal Senate of May 2, 2008, an amendment ized to carry a firearm. agency agreement for alternative jet fuel, intended to be proposed by him to the ‘‘(4) LOCKED DEVICES.— the lifecycle greenhouse gas emissions asso- bill H.R. 2881, to amend title 49, United ‘‘(A) NO REQUIREMENT TO USE.—Federal ciated with the production and combustion States Code, to authorize appropria- flight deck officers may not be required to of the fuel supplied under the contract shall tions for the Federal Aviation Admin- carry or transport a firearm in a locked bag, be considered to be less than such emissions istration for fiscal years 2008 through box, holster, or any other device. from the equivalent conventional fuel pro- 2011, to improve aviation safety and ca- ‘‘(B) REQUIREMENT TO PROVIDE.—Upon the duced from conventional petroleum sources request of a Federal flight deck officer, the if such emissions are determined to be pacity, to provide stable funding for Secretary of Homeland Security shall pro- lower— the national aviation system, and for vide a secure locking device or other appro- (1) by peer-reviewed research conducted or other purposes; which was ordered to priate container for storage of a firearm by reviewed by a National Laboratory; or lie on the table; as follows: the Federal flight deck officer. (2) by the head of the Federal agency, At the appropriate place, insert the fol- ‘‘(5) TRAINING.— based on available research and testing. lowing: ‘‘(A) IN GENERAL.—Except as provided in (d) DESIGNATION OF INSTITUTION AS A CEN- SECTION ll. FEDERAL FLIGHT DECK OFFICERS. subparagraph (B), Federal flight deck offi- TER OF EXCELLENCE.—Not later than 180 days Section 44921 is amended— cers may not be required to complete any ad- after the date of enactment of this Act, the (1) by amending subsection (a) to read as ditional training beyond the training re- Administrator of the Federal Aviation Ad- follows: quired of such officers as the date of the en- ministration shall designate an institution ‘‘(a) ESTABLISHMENT.—The Secretary of actment of the Aviation Investment and described in subsection (a) as a Center for Homeland Security shall establish a Federal Modernization Act of 2008. Excellence for Coal-to-Jet-Fuel Research. flight deck officer program to deputize eligi- ‘‘(B) ON-LINE TRAINING.—The Secretary of (e) TAX CREDIT FOR ALTERNATIVE AND UN- ble pilots as Federal law enforcement offi- Homeland Security may require Federal CONVENTIONAL AVIATION FUEL MIXTURE.— cers to defend against acts of criminal vio- flight deck officers to complete additional (1) IN GENERAL.—Section 6426 of the Inter- lence and air piracy. Such deputized pilots web-based online training.’’. nal Revenue Code of 1986 is amended by add- shall be known as ‘Federal flight deck offi- ing at the end the following new subsection: cers’.’’; and SA 4694. Mr. BUNNING submitted, ‘‘(i) ALTERNATIVE AND UNCONVENTIONAL (2) by amending subsection (f) to read as under authority of the order of the AVIATION FUEL MIXTURE.— follows: Senate of May 2, 2008, an amendment ‘‘(1) IN GENERAL.—For purposes of this sec- ‘‘(f) AUTHORITY TO CARRY FIREARMS.— intended to be proposed to amendment tion, the alternative and unconventional ‘‘(1) IN GENERAL.—Notwithstanding any aviation fuel mixture credit is the product of other provision of law, the Secretary shall SA 4585 proposed by Mr. ROCKEFELLER 50 cents and the number of gallons of alter- authorize Federal flight deck officers to pur- (for himself, Mr. INOUYE, Mr. BAUCUS, native and unconventional aviation fuel used chase and carry a firearm on the officer’s and Mr. GRASSLEY) to the bill H.R. 2881, by the taxpayer in producing any alternative person in any State and between States, in to amend title 49, United States Code, and unconventional aviation fuel mixture for accordance with this section.

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‘‘(2) AUTHORITY.—A Federal flight deck of- (1) for a term of not more than 25 years; evaluation, and use of alternative fuels as ficer shall have the same authority to carry (2) at a price that is competitive, through- defined in this section with the goals of— a firearm as the authority granted to other out the term of the contract or agreement, (1) reducing emissions; Federal law enforcement officers under Fed- with the market price of petroleum-derived (2) lowering the cost of aviation fuel; and eral law. aviation fuel of similar quality; and (3) increasing the performance, reliability, ‘‘(3) PROCEDURES.—The operational proce- (3) for a fuel that has lower lifecycle green- and security of aviation fuel production and dures relating to carrying firearms applica- house gas emissions as compared to the supply. ble to Federal flight deck officers may not be lifecycle greenhouse gas emissions of the pe- more restrictive than the procedures that troleum-based aviation fuel that was dis- SA 4697. Mr. HATCH (for himself, Mr. are generally imposed on other Federal law placed. BENNETT, Mr. CRAIG, Mr. CRAPO, and enforcement officers who are legally author- (c) CLARIFICATION.—In the case of a Federal Mr. BARRASSO) submitted, under au- ized to carry a firearm. agency agreement for alternative jet fuel, thority of the order of the Senate of the lifecycle greenhouse gas emissions asso- ‘‘(4) LOCKED DEVICES.— May 2, 2008, an amendment intended to ‘‘(A) NO REQUIREMENT TO USE.—Federal ciated with the production and combustion flight deck officers may not be required to of the fuel supplied under the contract shall be proprosed by him to the bill H.R. carry or transport a firearm in a locked bag, be considered to be less than such emissions 2881, to amend title 49, United States box, holster, or any other device. from the equivalent conventional fuel pro- Code, to authorize appropriations for ‘‘(B) REQUIREMENT TO PROVIDE.—Upon the duced from conventional petroleum sources the Federal Aviation Administration request of a Federal flight deck officer, the if such emissions are determined to be for fiscal years 2008 through 2011, to Secretary of Homeland Security shall pro- lower— improve aviation safety and capacity, vide a secure locking device or other appro- (1) by peer-reviewed research conducted or reviewed by a National Laboratory; or to provide stable funding for the na- priate container for storage of a firearm by tional aviation system, and for other the Federal flight deck officer. (2) by the head of the Federal agency, ‘‘(5) TRAINING.— based on available research and testing. purposes; which was ordered to lie on ‘‘(A) IN GENERAL.—Except as provided in (d) DESIGNATION OF INSTITUTION AS A CEN- the table; as follows: subparagraph (B), Federal flight deck offi- TER OF EXCELLENCE.—Not later than 180 days At the appropriate place, insert the fol- cers may not be required to complete any ad- after the date of enactment of this Act, the lowing: Administrator of the Federal Aviation Ad- ditional training beyond the training re- ll ministration shall designate an institution SEC. . PRESERVATION AND EXPANSION OF quired of such officers as the date of the en- ACCESS TO RONALD REAGAN WASH- actment of the Aviation Investment and described in subsection (a) as a Center for INGTON NATIONAL AIRPORT FOR Modernization Act of 2008. Excellence for Coal-to-Jet-Fuel Research. SMALL COMMUNITIES. (e) TAX CREDIT FOR ALTERNATIVE AND UN- ‘‘(B) ON-LINE TRAINING.—The Secretary of (a) IN GENERAL.—Section 41718 is amended CONVENTIONAL AVIATION FUEL MIXTURE.— Homeland Security may require Federal by adding at the end the following: (1) IN GENERAL.—Section 6426 of the Inter- flight deck officers to complete additional ‘‘(g) USE OF AIRPORT SLOTS FOR BEYOND PE- nal Revenue Code of 1986 is amended by add- web-based online training.’’. RIMETER FLIGHTS.— ing at the end the following new subsection: ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(i) ALTERNATIVE AND UNCONVENTIONAL SA 4696. Mr. BUNNING submitted, 49109 or any other provision of law, and sub- AVIATION FUEL MIXTURE.— under authority of the order of the ject to the approval of the Secretary under ‘‘(1) IN GENERAL.—For purposes of this sec- paragraph (2), an air carrier that holds or op- Senate of May 2, 2008, an amendment tion, the alternative and unconventional erates air carrier slots at Ronald Reagan intended to be proposed to amendment aviation fuel mixture credit is the product of Washington National Airport as of the date SA 4585 proposed by Mr. ROCKEFELLER 50 cents and the number of gallons of alter- of the enactment of this subsection, pursu- native and unconventional aviation fuel used (for himself, Mr. INOUYE, Mr. BAUCUS, ant to subparts K and S of part 93 of title 14, by the taxpayer in producing any alternative and Mr. GRASSLEY) to the bill H.R. 2881, Code of Federal Regulations, that are being and unconventional aviation fuel mixture for to amend title 49, United States Code, used as of that date for scheduled service be- sale or use in a trade or business of the tax- to authorize appropriations for the tween that Airport and a large hub airport payer. Federal Aviation Administration for (as defined in section 40102(a)(29)), may use ‘‘(2) ALTERNATIVE AND UNCONVENTIONAL not more than 2 of such slots for service be- fiscal years 2008 through 2011, to im- AVIATION FUEL MIXTURE.—For purposes of tween Ronald Reagan Washington National prove aviation safety and capacity, to this subsection, the term ‘alternative and Airport and any large hub airport located provide stable funding for the national unconventional aviation fuel mixture’ means outside of the perimeter restriction de- a mixture of alternative and unconventional aviation system, and for other pur- scribed in section 49109. aviation fuel and aviation-grade kerosene poses; which was ordered to lie on the ‘‘(2) APPROVAL BY SECRETARY.—The Sec- which— table; as follows: retary shall approve the use of air carrier ‘‘(A) is sold by the taxpayer producing such Strike section 603 and insert the following: slots described in paragraph (1) if— mixture to any person for use as a fuel, or SEC. 603. AVIATION FUEL PRODUCED FROM ‘‘(A) the use of such air carrier slots re- ‘‘(B) is used as a fuel by the taxpayer pro- CLEAN COAL AND ALTERNATIVE sults in the provision of air transportation ducing such mixture. AND UNCONVENTIONAL DOMESTIC from Ronald Reagan Washington National ‘‘(3) ALTERNATIVE AND UNCONVENTIONAL FEEDSTOCKS FOR CIVILIAN AND Airport to small communities outside the pe- MILITARY AIRCRAFT. AVIATION FUEL.—For purposes of this sub- rimeter restriction through the large hub (a) ESTABLISHMENT OF ALTERNATIVE JET section, the term ‘alternative and unconven- airport with respect to which the air carrier FUEL PROGRAM.—From amounts made avail- tional aviation fuel’ means aviation fuel slots are used; and able under section 48102(a) of title 49, United that is produced from unconventional re- ‘‘(B) the Secretary determines that approv- States Code, the Secretary of Transpor- sources (including coal, natural gas, bio- ing such use will not result in the reduction tation, in consultation with the Secretary of mass, ethanol, butanol, and hydrogen) and is of nonstop air transportation between Ron- the Air Force, shall establish a program re- determined, through peer-reviewed research ald Reagan Washington National Airport and lated to developing jet fuel produced from conducted or reviewed by a National Labora- small or medium hub airports inside the pe- clean coal and from alternative and uncon- tory, or by the head of a Federal agency, rimeter restriction.’’. ventional domestic feedstocks. The program would produce lower lifecycle greenhouse gas (b) AUDITS OF SLOT EXCHANGES.—Not later shall include participation by educational emissions, as compared to the lifecycle than 1 year after the date of the enactment and research institutions that have existing greenhouse gas emissions of the displaced of this Act, and annually thereafter, the Sec- facilities and experience in the development aviation fuel. retary of Transportation shall conduct an and deployment of technology that process ‘‘(4) TERMINATION.—This subsection shall audit of the use of air carrier slots at Ronald coal and alternative and unconventional do- not apply to any sale or use for any period Reagan Washington National Airport for air mestic feedstocks into aviation fuel. after December 31, 2016.’’. transportation between that Airport and air- (b) PROGRAM REQUIREMENTS.—Any alter- (2) CONFORMING AMENDMENT.—Section ports located outside of the perimeter re- native jet fuel program established by a Fed- 6426(a)(1) of the Internal Revenue Code of striction described in section 49109 of title 49, eral agency, including the program estab- 1986 is amended by striking ‘‘and (e)’’ and in- United States Code, authorized pursuant to lished under subsection (a) and the Depart- serting ‘‘(e), and (i)’’. the amendment made by subsection (a), to ment of the Air Force alternative jet fuel (3) EFFECTIVE DATE.—The amendments determine if small communities outside of program, may include grants, reimbursable made by this subsection shall apply to any the perimeter restriction are benefitting agreements, long-term contracts, and other sale or use after the date of the enactment of from the use of such air carrier slots. instruments authorized under section this Act. 106(l)(6) of title 49, United States Code. Such (f) SENSE OF THE SENATE.—It is the sense of program may include long-term contracts or the Senate that the Department of Transpor- SA 4698. Mr. BAUCUS (for himself agreements for the acquisition of alternative tation, Federal Aviation Administration, De- and Mr. GRASSLEY) submitted, under jet fuel, but only if such contracts or agree- partment of the Air Force, and other Federal authority of the order of the Senate of ments are— agencies should continue research, testing, May 2, 2008, an amendment intended to

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3818 CONGRESSIONAL RECORD — SENATE May 6, 2008 be proposed to amendment SA 4627 pro- (1) SHORT TITLE.—This section may be maintaining the adopted regional system are posed by Mr. ROCKEFELLER to the bill cited as the ‘‘National Capital Transpor- made from amounts derived from dedicated H.R. 2881, to amend title 49, United tation Amendments Act of 2007’’. funding sources. States Code, to authorize appropria- (2) FINDINGS.—Congress finds as follows: ‘‘(B) For purposes of this paragraph, the (A) Metro, the public transit system of the term ‘dedicated funding source’ means any tions for the Federal Aviation Admin- Washington metropolitan area, is essential source of funding which is earmarked or re- istration for fiscal years 2008 through for the continued and effective performance quired under State or local law to be used to 2011, to improve aviation safety and ca- of the functions of the Federal Government, match Federal appropriations authorized pacity, to provide stable funding for and for the orderly movement of people dur- under this Act for payments to the Transit the national aviation system, and for ing major events and times of regional or na- Authority. other purposes; which was ordered to tional emergency. ‘‘(2) An amendment establishing the Office lie on the table; as follows: (B) On 3 occasions, Congress has authorized of the Inspector General of the Transit Au- thority in accordance with section 3 of the At the end of subtitle A of title VIII, insert appropriations for the construction and cap- National Capital Transportation Amend- the following: ital improvement needs of the Metrorail system. ments Act of 2007. SEC. ll. REQUIRED FUNDING OF NEW ACCRU- (C) Additional funding is required to pro- ‘‘(3) An amendment expanding the Board of ALS UNDER AIR CARRIER PENSION Directors of the Transit Authority to include PLANS. tect these previous Federal investments and 4 additional Directors appointed by the Ad- (a) IN GENERAL.—Section 402(a) of the Pen- ensure the continued functionality and via- sion Protection Act of 2006, as amended by bility of the original 103-mile Metrorail sys- ministrator of General Services, of whom 2 section 6615(a) of the U. S. Troop Readiness, tem. shall be nonvoting and 2 shall be voting, and Veterans’ Care, Katrina Recovery, and Iraq (b) FEDERAL CONTRIBUTION FOR CAPITAL requiring one of the voting members so ap- Accountability Appropriations Act, 2007 PROJECTS FOR WASHINGTON METROPOLITAN pointed to be a regular passenger and cus- (Public Law 110–28), is amended— AREA TRANSIT SYSTEM.—The National Cap- tomer of the bus or rail service of the Tran- (1) in paragraph (2)— ital Transportation Act of 1969 (sec. 9–1111.01 sit Authority. ‘‘(e) AMOUNT.—There are authorized to be (A) by striking ‘‘to its first taxable year et seq., D.C. Official Code) is amended by appropriated to the Secretary of Transpor- beginning in 2008’’, adding at the end the following: tation for grants under this section an aggre- (B) by striking ‘‘for such taxable year’’ and ‘‘AUTHORIZATION OF ADDITIONAL FEDERAL CON- gate amount not to exceed $1,500,000,000 to be inserting ‘‘for its first plan year beginning in TRIBUTION FOR CAPITAL AND PREVENTIVE available in increments over 10 fiscal years 2008’’, and MAINTENANCE PROJECTS beginning in fiscal year 2009, or until ex- (C) by striking ‘‘and by using, in deter- ‘‘SEC. 18. (a) AUTHORIZATION.—Subject to pended. mining the funding target for each of the 10 the succeeding provisions of this section, the ‘‘(f) AVAILABILITY.—Amounts appropriated plan years during such period, an interest Secretary of Transportation is authorized to pursuant to the authorization under this sec- rate of 8.25 percent (rather than the segment make grants to the Transit Authority, in ad- tion— rates calculated on the basis of the corporate dition to the contributions authorized under ‘‘(1) shall remain available until expended; bond yield curve)’’, and sections 3, 14, and 17, for the purpose of fi- and (2) by adding at the end the following new nancing in part the capital and preventive ‘‘(2) shall be in addition to, and not in lieu flush matter: maintenance projects included in the Capital of, amounts available to the Transit Author- ‘‘If the plan sponsor of an eligible plan elects Improvement Program approved by the ity under chapter 53 of title 49, United States the application of paragraph (2), the plan Board of Directors of the Transit Authority. Code, or any other provision of law. sponsor may also elect, in determining the ‘‘(b) USE OF FUNDS.—The Federal grants ‘‘(g) ACCESS TO WIRELESS SERVICES IN MET- funding target for each of the 10 plan years made pursuant to the authorization under RORAIL SYSTEM.— during the period described in paragraph (2), this section shall be subject to the following ‘‘(1) REQUIRING TRANSIT AUTHORITY TO PRO- to use an interest rate of 8.25 percent (rather limitations and conditions: VIDE ACCESS TO SERVICE.—No amounts may than the segment rates calculated on the ‘‘(1) The work for which such Federal be provided to the Transit Authority pursu- basis of the corporate bond yield curve). Not- grants are authorized shall be subject to the ant to the authorization under this section withstanding the preceding sentence, in the provisions of the Compact (consistent with unless the Transit Authority ensures that case of any plan year of the eligible plan for the amendments to the Compact described in customers of the rail service of the Transit which such 8.25 percent interest rate is used, subsection (d)). Authority have access within the rail system the minimum required contribution under ‘‘(2) Each such Federal grant shall be for 50 to services provided by any licensed wireless section 303 of such Act and section 430 of percent of the net project cost of the project provider that notifies the Transit Authority such Code shall in no event be less than the involved, and shall be provided in cash from (in accordance with such procedures as the target normal cost of the plan for such plan sources other than Federal funds or revenues Transit Authority may adopt) of its intent year (as determined under section 303(b) of from the operation of public mass transpor- to offer service to the public, in accordance such Act and section 430(b) of such Code). A tation systems. Consistent with the terms of with the following timetable: plan sponsor may revoke the election to use the amendment to the Compact described in ‘‘(A) Not later than 1 year after the date of the 8.25 percent interest rate and if the rev- subsection (d)(1), any funds so provided shall the enactment of the National Capital ocation is made, the revocation shall apply be solely from undistributed cash surpluses, Transportation Amendments Act of 2007, in to the plan year for which made and all sub- replacement or depreciation funds or re- the 20 underground rail station platforms sequent plan years and the plan sponsor may serves available in cash, or new capital. with the highest volume of passenger traffic. not elect to use the 8.25 percent interest rate ‘‘(c) APPLICABILITY OF REQUIREMENTS FOR ‘‘(B) Not later than 4 years after such date, for any subsequent plan year.’’. MASS TRANSPORTATION CAPITAL PROJECTS throughout the rail system. (b) EFFECTIVE DATE.—The amendments RECEIVING FUNDS UNDER FEDERAL TRANSPOR- ‘‘(2) ACCESS OF WIRELESS PROVIDERS TO SYS- made by this section shall take effect as if TATION LAW.—Except as specifically provided TEM FOR UPGRADES AND MAINTENANCE.—No included in the provisions of the Pension in this section, the use of any amounts ap- amounts may be provided to the Transit Au- Protection Act of 2006 to which such amend- propriated pursuant to the authorization thority pursuant to the authorization under ments relate. under this section shall be subject to the re- this section unless the Transit Authority en- SA 4699. Mr. CARDIN (for himself, quirements applicable to capital projects for sures that each licensed wireless provider which funds are provided under chapter 53 of who provides service to the public within the Ms. MIKULSKI, Mr. WARNER, and Mr. title 49, United States Code, except to the ex- rail system pursuant to paragraph (1) has ac- WEBB) submitted, under authority of tent that the Secretary of Transportation cess to the system on an ongoing basis (sub- the order of the Senate of May 2, 2008, determines that the requirements are incon- ject to such restrictions as the Transit Au- an amendment intended to be proposed sistent with the purposes of this section. thority may impose to ensure that such ac- by him to the bill H.R. 2881, to amend ‘‘(d) AMENDMENTS TO COMPACT.—No cess will not unduly impact rail operations title 49, United States Code, to author- amounts may be provided to the Transit Au- or threaten the safety of customers or em- ize appropriations for the Federal Avia- thority pursuant to the authorization under ployees of the rail system) to carry out tion Administration for fiscal years this section until the Transit Authority no- emergency repairs, routine maintenance, and 2008 through 2011, to improve aviation tifies the Secretary of Transportation that upgrades to the service. each of the following amendments to the ‘‘(3) PERMITTING REASONABLE AND CUS- safety and capacity, to provide stable Compact (and any further amendments TOMARY CHARGES.—Nothing in this sub- funding for the national aviation sys- which may be required to implement such section may be construed to prohibit the tem, and for other purposes; which was amendments) have taken effect: Transit Authority from requiring a licensed ordered to lie on the table; as follows: ‘‘(1)(A) An amendment requiring that all wireless provider to pay reasonable and cus- At the end of title VII, insert the fol- payments by the local signatory govern- tomary charges for access granted under this lowing: ments for the Transit Authority for the pur- subsection. SEC. ll. NATIONAL CAPITAL TRANSPORTATION pose of matching any Federal funds appro- ‘‘(4) REPORTS.—Not later than 1 year after AMENDMENTS ACT OF 2007. priated in any given year authorized under the date of the enactment of the National (a) SHORT TITLE; FINDINGS.— subsection (a) for the cost of operating and Capital Transportation Amendments Act of

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3819 2007, and each of the 3 years thereafter, the section 5 of the Inspector General Act of 1978 (III) such other personnel as the Inspector Transit Authority shall submit to the Com- (5 U.S.C. App. 5). For purposes of applying General considers appropriate. mittee on Homeland Security and Govern- section 5 of such Act to the Inspector Gen- (ii) INDEPENDENCE IN APPOINTING STAFF.— mental Affairs of the Senate and the Com- eral, the Board of Directors of the Transit No individual may carry out any of the du- mittee on Oversight and Government Reform Authority shall be considered the head of the ties or responsibilities of the Office unless of the House of Representatives a report on establishment, except that the Inspector the individual is appointed by the Inspector the implementation of this subsection. General shall transmit to the General Man- General, or provides services procured by the ‘‘(5) DEFINITION.—In this subsection, the ager of the Transit Authority a copy of any Inspector General, pursuant to this subpara- term ‘licensed wireless provider’ means any report submitted to the Board pursuant to graph. Nothing in this clause may be con- provider of wireless services who is operating this paragraph. strued to prohibit the Inspector General pursuant to a Federal license to offer such (ii) ANNUAL REPORTS TO LOCAL SIGNATORY from entering into a contract or other ar- services to the public for profit.’’. GOVERNMENTS AND CONGRESS.—Not later than rangement for the provision of services (c) WASHINGTON METROPOLITAN AREA TRAN- January 15 of each year, the Inspector Gen- under this subsection. SIT AUTHORITY INSPECTOR GENERAL.— eral shall prepare and submit a report sum- (iii) APPLICABILITY OF TRANSIT SYSTEM PER- (1) ESTABLISHMENT OF OFFICE.— marizing the activities of the Office during SONNEL RULES.—None of the regulations gov- (A) IN GENERAL.—The Washington Metro- the previous year, and shall submit such re- erning the appointment and pay of employ- politan Area Transit Authority (referred to ports to the Governor of Maryland, the Gov- ees of the Transit System shall apply with in this subsection as the ‘‘Transit Author- ernor of Virginia, the Mayor of the District respect to the appointment and compensa- ity’’) shall establish in the Transit Author- of Columbia, the chair of the Committee on tion of the personnel of the Office, except to ity the Office of the Inspector General (re- Government Reform of the House of Rep- the extent agreed to by the Inspector Gen- ferred to in this subsection as the ‘‘Office’’), resentatives, and the chair of the Committee eral. Nothing in the previous sentence may headed by the Inspector General of the Tran- on Homeland Security and Governmental Af- be construed to affect clauses (i) and (ii). sit Authority (referred to in this subsection fairs of the Senate. (C) EQUIPMENT AND SUPPLIES.—The General as the ‘‘Inspector General’’). (D) INVESTIGATIONS OF COMPLAINTS OF EM- Manager of the Transit Authority shall pro- (B) DEFINITION.—In subparagraph (A), the PLOYEES AND MEMBERS.— vide the Office with appropriate and ade- ‘‘Washington Metropolitan Area Transit Au- (i) AUTHORITY.—The Inspector General may quate office space, together with such equip- thority’’ means the Authority established receive and investigate complaints or infor- ment, supplies, and communications facili- under Article III of the Washington Metro- mation from an employee or member of the ties and services as may be necessary for the politan Area Transit Authority Compact Transit Authority concerning the possible operation of the Office, and shall provide (Public Law 89–774). existence of an activity constituting a viola- necessary maintenance services for such of- (2) INSPECTOR GENERAL.— tion of law, rules, or regulations, or mis- fice space and the equipment and facilities (A) APPOINTMENT.—The Inspector General management, gross waste of funds, abuse of located therein. shall be appointed by the vote of a majority authority, or a substantial and specific dan- (5) TRANSFER OF FUNCTIONS.—To the extent of the Board of Directors of the Transit Au- ger to the public health and safety. that any office or entity in the Transit Au- thority, and shall be appointed without re- (ii) NONDISCLOSURE.—The Inspector Gen- thority prior to the appointment of the first gard to political affiliation and solely on the Inspector General under this subsection car- basis of integrity and demonstrated ability eral shall not, after receipt of a complaint or ried out any of the duties and responsibil- in accounting, auditing, financial analysis, information from an employee or member, ities assigned to the Inspector General under law, management analysis, public adminis- disclose the identity of the employee or this subsection, the functions of such office tration, or investigations, as well as famili- member without the consent of the employee or entity shall be transferred to the Office arity or experience with the operation of or member, unless the Inspector General de- upon the appointment of the first Inspector transit systems. termines such disclosure is unavoidable dur- General under this subsection. (B) TERM OF SERVICE.—The Inspector Gen- ing the course of the investigation. eral shall serve for a term of 5 years, and an (iii) PROHIBITING RETALIATION.—An em- (d) STUDY AND REPORT BY COMPTROLLER ployee or member of the Transit Authority individual serving as Inspector General may GENERAL.— who has authority to take, direct others to be reappointed for not more than 2 addi- (1) STUDY.—The Comptroller General shall tional terms. take, recommend, or approve any personnel conduct a study on the use of the funds pro- (C) REMOVAL.—The Inspector General may action, shall not, with respect to such au- vided under section 18 of the National Cap- be removed from office prior to the expira- thority, take or threaten to take any action ital Transportation Act of 1969 (as added by tion of his term only by the unanimous vote against any employee or member as a re- this section). prisal for making a complaint or disclosing of all of the members of the Board of Direc- (2) REPORT.—Not later than 3 years after tors of the Transit Authority, and the Board information to the Inspector General, unless the date of the enactment of this Act, the shall communicate the reasons for any such the complaint was made or the information Comptroller General shall submit a report to removal to the Governor of Maryland, the disclosed with the knowledge that it was the Committee on Government Reform of Governor of Virginia, the Mayor of the Dis- false or with willful disregard for its truth or the House of Representatives and the Com- trict of Columbia, the chair of the Com- falsity. mittee on Homeland Security and Govern- mittee on Government Reform of the House (E) INDEPENDENCE IN CARRYING OUT DU- mental Affairs of the Senate on the study of Representatives, and the chair of the Com- TIES.—Neither the Board of Directors of the conducted under paragraph (1). mittee on Homeland Security and Govern- Transit Authority, the General Manager of mental Affairs of the Senate. the Transit Authority, nor any other mem- (3) DUTIES.— ber or employee of the Transit Authority f (A) APPLICABILITY OF DUTIES OF INSPECTOR may prevent or prohibit the Inspector Gen- GENERAL OF EXECUTIVE BRANCH ESTABLISH- eral from carrying out any of the duties or TEXT OF AMENDMENTS MENT.—The Inspector General shall carry responsibilities assigned to the Inspector out the same duties and responsibilities with General under this subsection. SA 4700. Mr. DeMINT submitted an respect to the Transit Authority as an In- (4) POWERS.— amendment intended to be proposed by spector General of an establishment carries (A) IN GENERAL.—The Inspector General out with respect to an establishment under may exercise the same authorities with re- him to the bill H.R. 2881, to amend title section 4 of the Inspector General Act of 1978 spect to the Transit Authority as an Inspec- 49, United States Code, to authorize ap- (5 U.S.C. App. 4), under the same terms and tor General of an establishment may exer- propriations for the Federal Aviation conditions which apply under such section. cise with respect to an establishment under Administration for fiscal years 2008 (B) CONDUCTING ANNUAL AUDIT OF FINANCIAL section 6(a) of the Inspector General Act of through 2011, to improve aviation safe- STATEMENTS.—The Inspector General shall be 1978 (5 U.S.C. App. 6(a)), other than para- responsible for conducting the annual audit graphs (7), (8), and (9) of such section. ty and capacity, to provide stable fund- of the financial accounts of the Transit Au- (B) STAFF.— ing for the national aviation system, thority, either directly or by contract with (i) ASSISTANT INSPECTOR GENERALS AND and for other purposes; which was or- an independent external auditor selected by OTHER STAFF.—The Inspector General shall dered to lie on the table; as follows: the Inspector General. appoint and fix the pay of— (C) REPORTS.— (I) an Assistant Inspector General for Au- At the appropriate place, insert the fol- (i) SEMIANNUAL REPORTS TO TRANSIT AU- dits, who shall be responsible for coordi- lowing: THORITY.—The Inspector General shall pre- nating the activities of the Inspector Gen- SEC. ll. CERTAIN PROVISION IS NULL AND pare and submit semiannual reports summa- eral relating to audits; VOID. rizing the activities of the Office in the same (II) an Assistant Inspector General for In- manner, and in accordance with the same vestigations, who shall be responsible for co- Section 831, and the amendments made by deadlines, terms, and conditions, as an In- ordinating the activities of the Inspector such section, are hereby null and void and spector General of an establishment under General relating to investigations; and shall have no effect.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3820 CONGRESSIONAL RECORD — SENATE May 6, 2008 SA 4701. Mrs. MURRAY submitted an such rental dwelling units in such property ‘‘(3) PROHIBITION AGAINST DUPLICATIVE COV- amendment intended to be proposed by and the maximum coverage limit per dwell- ERAGE.—Multiperil coverage pursuant to this her to the bill H.R. 2881, to amend title ing unit specified in paragraph (2); except subsection may not be provided with respect that in the case of any such multi-unit, non- 49, United States Code, to authorize ap- to any structure (or the personal property residential rental property that is a pre- related thereto) for any period during which propriations for the Federal Aviation FIRM structure (as such term is defined in such structure is covered, at any time, by Administration for fiscal years 2008 section 578(b) of the National Flood Insur- flood insurance coverage made available through 2011, to improve aviation safe- ance Reform Act of 1994 (42 U.S.C. 4014 under this title. ty and capacity, to provide stable fund- note)), the risk premium rate for the first ‘‘(4) NATURE OF COVERAGE.—Multiperil cov- ing for the national aviation system, $500,000 of coverage shall be determined in erage pursuant to this subsection shall— and for other purposes; which was or- accordance with section 1307(a)(2) and the ‘‘(A) cover losses only from physical dam- risk premium rate for any coverage in excess dered to lie on the table; as follows: age resulting from flooding or windstorm; of such amount shall be determined in ac- and On page 95, strike lines 7 through 21, and cordance with section 1307(a)(1)’’. ‘‘(B) provide for approval and payment of insert the following: claims under such coverage upon proof that (b) FUNDING.—Subparagraph (E) of section SA 4703. Mr. VITTER submitted an such loss must have resulted from either 47124(b)(3) is amended— amendment intended to be proposed by windstorm or flooding, but shall not require (1) by striking ‘‘and’’ after ‘‘2006,’’; and him to the bill S. 2284, to amend the for approval and payment of a claim that the (2) by inserting ‘‘$9,000,000 for fiscal year specific cause of the loss, whether windstorm 2008, $9,500,000 for fiscal year 2009, $10,000,000 National Flood Insurance Act of 1968, to restore the financial solvency of the or flooding, be distinguished or identified. for fiscal year 2010, and $10,500,000 for fiscal ‘‘(5) ACTUARIAL RATES.—Multiperil cov- year 2011’’ after ‘‘2007,’’; and flood insurance fund, and for other pur- erage pursuant to this subsection shall be (3) by inserting after ‘‘paragraph.’’ the fol- poses; which was ordered to lie on the made available for purchase for a property lowing: ‘‘If the Secretary finds that all or table; as follows: only at chargeable risk premium rates that, part of an amount made available under this On page 10, line 24, strike ‘‘Any increase’’ based on consideration of the risks involved subparagraph is not required during a fiscal and all that follows through the second pe- and accepted actuarial principles, and in- year to carry out this paragraph, the Sec- cluding operating costs and allowance and retary may use during such fiscal year the riod on page 11, line 4, and insert the fol- administrative expenses, are required in amount not so required to carry out the pro- lowing: ‘‘Any increase in the risk premium order to make such coverage available on an gram continued under paragraph (b)(1) of rate charged for flood insurance on any prop- actuarial basis for the type and class of prop- this section.’’. erty that is covered by a flood insurance pol- erties covered. (c) LIMITATION ON LOCAL SHARE.—Section icy on the date of completion of the updating ‘‘(6) TERMS OF COVERAGE.—The Director 47124(b)(3) is amended by adding at the end or remapping described in paragraph (1) that shall, after consultation with persons and the following: is a result of such updating or remapping entities referred to in section 1306(a), provide ‘‘(F) LIMITATION ON LOCAL SHARE FOR CER- shall be phased in over a 5-year period at the by regulation for the general terms and con- TAIN AIRPORTS.—Notwithstanding any other rate of 20 percent per year.’’. ditions of insurability which shall be appli- provision of this section, in the case of an cable to properties eligible for multiperil airport that is certified under part 139 of SA 4704. Mr. WICKER (for himself, coverage under this subsection, subject to title 14, Code of Federal Regulations, and Mr. COCHRAN, Mr. VITTER, Ms. the provisions of this subsection, including— that has more than 10,000 but fewer than LANDRIEU, and Mr. MARTINEZ) sub- ‘‘(A) the types, classes, and locations of 50,000 passenger enplanements per year, the mitted an amendment intended to be any such properties which shall be eligible local share of the costs of carrying out the proposed by him to the bill S. 2284, to for such coverage, which shall include resi- Contract Tower Program shall not exceed 20 dential and nonresidential properties; percent.’’. amend the National Flood Insurance Act of 1968, to restore the financial sol- ‘‘(B) subject to paragraph (7), the nature and limits of loss or damage in any areas (or SA 4702. Mr. VITTER submitted an vency of the flood insurance fund, and for other purposes; which was ordered subdivisions thereof) which may be covered amendment intended to be proposed by by such coverage; to lie on the table; as follows: him to the bill S. 2284, to amend the ‘‘(C) the classification, limitation, and re- National Flood Insurance Act of 1968, At the end, insert the following: jection of any risks which may be advisable; to restore the financial solvency of the SEC. llll. MULTIPERIL COVERAGE FOR ‘‘(D) appropriate minimum premiums; flood insurance fund, and for other pur- FLOOD AND WINDSTORM. ‘‘(E) appropriate loss deductibles; and poses; which was ordered to lie on the (a) IN GENERAL.—Section 1304 of the Na- ‘‘(F) any other terms and conditions relat- table; as follows: tional Flood Insurance Act of 1968 (42 U.S.C. ing to insurance coverage or exclusion that 4011) is amended— may be necessary to carry out this sub- On page 72, after line 15, insert the fol- (1) by redesignating subsection (c) as subsection. lowing: section (d); and ‘‘(7) LIMITATIONS ON AMOUNT OF COV- SEC. 33. MAXIMUM COVERAGE LIMITS. (2) by inserting after subsection (b) the fol- ERAGE.—The regulations issued pursuant to Subsection (b) of section 1306 of the Na- lowing new subsection: paragraph (6) shall provide that the aggre- tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(c) MULTIPERIL COVERAGE FOR DAMAGE gate liability under multiperil coverage 4013(b)) is amended— FROM FLOOD OR WINDSTORM.— made available under this subsection shall (1) in paragraph (2), by striking ‘‘$250,000’’ ‘‘(1) IN GENERAL.—Subject to paragraph (8), not exceed the lesser of the replacement cost and inserting ‘‘$335,000’’; the national flood insurance program estab- for covered losses or the following amounts, (2) in paragraph (3), by striking ‘‘$100,000’’ lished pursuant to subsection (a) shall enable as applicable: and inserting ‘‘$135,000’’; and the purchase of optional insurance against ‘‘(A) RESIDENTIAL STRUCTURES.—In the case (3) in paragraph (4)— loss resulting from physical damage to or of residential properties, which shall include (A) by striking ‘‘$500,000’’ each place such loss of real property or personal property re- structures containing multiple dwelling term appears and inserting ‘‘$670,000’’; and lated thereto located in the United States units that are made available for occupancy (B) by inserting before ‘‘; and’’ the fol- arising from any flood or windstorm, subject by rental (notwithstanding any treatment or lowing: ‘‘; except that, in the case of any to the limitations in this subsection and sec- classification of such properties for purposes nonresidential property that is a structure tion 1306(b). of section 1306(b))— containing more than one dwelling unit that ‘‘(2) COMMUNITY PARTICIPATION REQUIRE- ‘‘(i) for any single-family dwelling, $500,000; is made available for occupancy by rental MENT.—Multiperil coverage pursuant to this ‘‘(ii) for any structure containing more (notwithstanding the provisions applicable subsection may not be provided in any area than one dwelling unit, $500,000 for each sep- to the determination of the risk premium (or subdivision thereof) unless an appro- arate dwelling unit in the structure, which rate for such property), additional flood in- priate public body shall have adopted ade- limit, in the case of such a structure con- surance in excess of such limits shall be quate mitigation measures (with effective taining multiple dwelling units that are made available to every insured upon re- enforcement provisions) which the Director made available for occupancy by rental, newal and every applicant for insurance so finds are consistent with the criteria for con- shall be applied so as to enable any insured as to enable any such insured or applicant to struction described in the International Code or applicant for insurance to receive cov- receive coverage up to a total amount that is Council building codes relating to wind miti- erage for the structure up to a total amount equal to the product of the total number of gation. that is equal to the product of the total

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3821 number of such rental dwelling units in such age caused by windstorms, discourage den- Strike section 31 and insert the following: property and the maximum coverage limit sity and intensity or range of use increases SEC. 31. FLOOD INSURANCE ADVOCATE. per dwelling unit specified in this clause; and in locations subject to windstorm damage, Chapter II of the National Flood Insurance ‘‘(iii) $150,000 per dwelling unit for— and enforce restrictions on the alteration of Act of 1968 is amended by inserting after sec- ‘‘(I) any contents related to such unit; and wetlands coastal dunes and vegetation and tion 1330 (42 U.S.C. 4041) the following new ‘‘(II) any necessary increases in living ex- other natural features that are known to section: penses incurred by the insured when losses prevent or reduce such damage. ‘‘SEC. 1330A. OFFICE OF THE FLOOD INSURANCE from flooding or windstorm make the resi- ‘‘(3) COORDINATION WITH STATE AND LOCAL ADVOCATE. dence unfit to live in. GOVERNMENTS.—The Director shall work ‘‘(a) ESTABLISHMENT OF POSITION.— ‘‘(B) NONRESIDENTIAL PROPERTIES.—In the closely with and provide any necessary tech- ‘‘(1) IN GENERAL.—There shall be in the case of nonresidential properties (including nical assistance to State, interstate, and Federal Emergency Management Agency an church properties)— local governmental agencies, to encourage Office of the Flood Insurance Advocate ‘‘(i) $1,000,000 for any single structure; and the application of criteria established under which shall be headed by the National Flood ‘‘(ii) $750,000 for— paragraph (2) and the adoption and enforce- Insurance Advocate. The National Flood In- ‘‘(I) any contents related to such structure; ment of measures referred to in such para- surance Advocate shall— and graph.’’. ‘‘(A) to the extent amounts are provided ‘‘(II) in the case of any nonresidential (e) DEFINITIONS.—Section 1370 of the Na- pursuant to subsection (n), be compensated property that is a business property, any tional Flood Insurance Act of 1968 (42 U.S.C. at the same rate as the highest rate of basic losses resulting from any partial or total 4121) is amended— pay established for the Senior Executive interruption of the insured’s business caused (1) in paragraph (14), by striking ‘‘and’’ at Service under section 5382 of title 5, United by damage to, or loss of, such property from the end; States Code, or, if the Director so deter- flooding or windstorm, except that for pur- (2) in paragraph (15) by striking the period mines, at a rate fixed under section 9503 of poses of such coverage, losses shall be deter- at the end and inserting ‘‘; and’’; and such title; mined based on the profits the covered busi- (3) by adding at the end the following new ‘‘(B) be appointed by the Director without ness would have earned, based on previous fi- paragraph: regard to political affiliation; nancial records, had the flood or windstorm ‘‘(16) the term ‘windstorm’ means any hur- ‘‘(C) report to and be under the general su- not occurred. ricane, tornado, cyclone, typhoon, or other pervision of the Director, but shall not re- ‘‘(8) EFFECTIVE DATE.—This subsection wind event.’’. port to, or be subject to supervision by, any shall take effect on, and shall apply begin- other officer of the Federal Emergency Man- ning on, June 30, 2008.’’. SA 4705. Ms. LANDRIEU (for herself, agement Agency; and (b) PROHIBITION AGAINST DUPLICATIVE COV- Mr. PRYOR, and Mrs. LINCOLN) sub- ‘‘(D) consult with the Assistant Adminis- ERAGE.—Chapter 1 of The National Flood In- mitted an amendment intended to be trator for Mitigation or any successor there- surance Act of 1968 is amended by adding at proposed by her to the bill S. 2284, to to, but shall not report to, or be subject to the end the following: amend the National Flood Insurance the general supervision by, the Assistant Ad- ministrator for Mitigation or any successor ‘‘PROHIBITION AGAINST DUPLICATIVE COVERAGE Act of 1968, to restore the financial sol- thereto. ‘‘SEC. 1325. Flood insurance under this title vency of the flood insurance fund, and ‘‘(2) QUALIFICATIONS.—An individual ap- may not be provided with respect to any for other purposes; which was ordered pointed under paragraph (1)(B) shall have a structure (or the personal property related to lie on the table; as follows: background in customer service, accounting, thereto) for any period during which such On page 9, strike line 20 and all that fol- auditing, financial analysis, law, manage- structure is covered, at any time, by lows through page 10, line 9, and insert the ment analysis, public administration, inves- multiperil insurance coverage made avail- following: tigations, or insurance. able pursuant to section 1304(c).’’. (c) STUDY ON MANDATORY PURCHASE RE- ‘‘(3) RESTRICTION ON EMPLOYMENT.—An in- (c) COMPLIANCE WITH STATE AND LOCAL QUIREMENTS.— dividual may be appointed as the National LAW.—Section 1316 of the National Flood In- (1) IN GENERAL.—Not later than 6 months Flood Insurance Advocate only if such indi- surance Act of 1968 (42 U.S.C. 4023) is amend- after the date of enactment of this Act, the vidual was not an officer or employee of the ed— Comptroller General shall conduct and sub- Federal Emergency Management Agency (1) by inserting ‘‘(a) FLOOD PROTECTION mit to Congress a study assessing the im- with duties relating to the national flood in- MEASURES.—’’ before ‘‘No new’’; and pact, effectiveness, and feasibility of amend- surance program during the 2-year period (2) by adding at the end the following new ing the provisions of the Flood Disaster Pro- ending with such appointment and such indi- subsection: tection Act of 1973 regarding the properties vidual agrees not to accept any employment ‘‘(b) WINDSTORM PROTECTION MEASURES.— that are subject to the mandatory flood in- with the Federal Emergency Management No new multiperil coverage shall be provided surance coverage purchase requirements Agency for at least 2 years after ceasing to under section 1304(c) for any property that under such Act to extend such requirements be the National Flood Insurance Advocate. the Director finds has been declared by a to properties located in any area that would Service as an employee of the National duly constituted State or local zoning au- be designated as an area having special flood Flood Insurance Advocate shall not be taken thority, or other authorized public body to hazards but for the existence of a structural into account in applying this paragraph. be in violation of State or local laws, regula- flood protection system. ‘‘(4) STAFF.—To the extent amounts are tions, or ordinances, which are intended to (2) CONTENT OF REPORT.—In carrying out provided pursuant to subsection (n), the Na- reduce damage caused by windstorms.’’. the study required under paragraph (1), the tional Flood Insurance Advocate may em- (d) CRITERIA FOR LAND MANAGEMENT AND Comptroller General shall determine— ploy such personnel as may be necessary to USE.—Section 1361 of the National Flood In- (A) the regulatory, financial and economic carry out the duties of the Office. surance Act of 1968 (42 U.S.C. 4102) is amend- impacts of extending the mandatory pur- ‘‘(5) INDEPENDENCE.—The Director shall not ed by adding at the end the following new chase requirements described under para- prevent or prohibit the National Flood Insur- subsection: graph (1) on the costs of homeownership, the ance Advocate from initiating, carrying out, ‘‘(d) WINDSTORMS.— actuarial soundness of the National Flood or completing any audit or investigation, or ‘‘(1) STUDIES AND INVESTIGATIONS.—The Di- Insurance Program, the Federal Emergency from issuing any subpoena or summons dur- rector shall carry out studies and investiga- Management Agency, local communities, in- ing the course of any audit or investigation. tions under this section to determine appro- surance companies, and local land use; ‘‘(6) REMOVAL.—The President and the Di- priate measures in wind events as to wind (B) the effectiveness of extending such rector shall have the power to remove, dis- hazard prevention, and may enter into con- mandatory purchase requirements in pro- charge, or dismiss the National Flood Insur- tracts, agreements, and other appropriate ar- tecting homeowners from financial loss and ance Advocate. Not later than 15 days after rangements to carry out such activities. in protecting the financial soundness of the the removal, discharge, or dismissal of the Such studies and investigations shall include National Flood Insurance Program; and Advocate, the President or the Director shall laws, regulations, and ordinance relating to (C) any impact on lenders of complying report to the Committee on Banking of the the orderly development and use of areas with or enforcing such extended mandatory Senate and the Committee on Financial subject to damage from windstorm risks, and requirements. Services of the House of Representatives on zoning building codes, building permits, and the basis for such removal, discharge, or dis- subdivision and other building restrictions SA 4706. Ms. LANDRIEU (for herself missal. for such areas. and Mr. NELSON of Florida) submitted ‘‘(b) FUNCTIONS OF OFFICE.—It shall be the ‘‘(2) CRITERIA.—On the basis of the studies an amendment intended to be proposed function of the Office of the Flood Insurance and investigations pursuant to paragraph (1) by her to the bill S. 2284, to amend the Advocate to— and such other information as may be appro- ‘‘(1) assist insureds under the national priate, the Direct shall establish comprehen- National Flood Insurance Act of 1968, flood insurance program in resolving prob- sive criteria designed to encourage, where to restore the financial solvency of the lems with the Federal Emergency Manage- necessary, the adoption of adequate State flood insurance fund, and for other pur- ment Agency relating to such program; and local measures which, to the maximum poses; which was ordered to lie on the ‘‘(2) identify areas in which such insureds extent feasible, will assist in reducing dam- table; as follows: have problems in dealings with the Federal

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Any from any flood occurring in the United ‘‘(6) administer to or take from any person such report shall contain a full and sub- States, to determine whether such insurance an oath, affirmation, or affidavit, whenever stantive analysis of such activities, in addi- companies or associated entities are allo- necessary in the performance of the function to statistical information, and shall— cating only flood losses under such insurance tions assigned by this section, which oath, ‘‘(i) identify the initiatives the Office of policies to the National Flood Insurance Pro- affirmation, or affidavit when administered the Flood Insurance Advocate has taken on gram; or taken by or before an employee of the Of- improving services for insureds under the na- ‘‘(B) audits and investigations to deter- fice designated by the National Flood Insur- tional flood insurance program and respon- mine if an insurance company or associated ance Advocate shall have the same force and siveness of the Federal Emergency Manage- entity described under subparagraph (A) is effect as if administered or taken by or be- ment Agency with respect to such initia- negotiating on behalf of the National Flood fore an officer having a seal; tives; Insurance Program with third parties in ‘‘(7) have direct and prompt access to the ‘‘(ii) describe the nature of recommenda- good faith; Director when necessary for any purpose per- tions made to the Director under subsection ‘‘(C) examinations to ensure that insurance taining to the performance of functions and (i); companies and associated entities are prop- responsibilities under this section; ‘‘(iii) contain a summary of the most seri- erly compiling and preserving documenta- ‘‘(8) select, appoint, and employ such offi- ous problems encountered by such insureds, tion for independent biennial financial state- cers and employees as may be necessary for including a description of the nature of such ment audits as required under section 62.23(l) carrying out the functions, powers, and du- problems; of title 44, Code of Federal Regulations; and ties of the Office subject to the provisions of ‘‘(iv) contain an inventory of any items de- ‘‘(D) any other audit, examination, or in- title 5, United States Code, governing ap- scribed in clauses (i), (ii), and (iii) for which vestigation that the National Flood Insur- action has been taken and the result of such pointments in the competitive service, and ance Advocate determines necessary to en- action; the provisions of chapter 51 and subchapter sure the effective and efficient operation of ‘‘(v) contain an inventory of any items de- III of chapter 53 of such title relating to clas- the national flood insurance program; scribed in clauses (i), (ii), and (iii) for which sification and General Schedule pay rates; ‘‘(6) conduct, supervise, and coordinate inaction remains to be completed and the pe- ‘‘(9) obtain services as authorized by sec- vestigations into the operations of the na- riod during which each item has remained on tion 3109 of title 5, United States Code, at tional flood insurance program for the pur- such inventory; daily rates not to exceed the equivalent rate pose of— ‘‘(vi) contain an inventory of any items de- prescribed for the rate of basic pay for a po- ‘‘(A) promoting economy and efficiency in scribed in clauses (i), (ii), and (iii) for which sition at level IV of the Executive Schedule; the administration of such program; no action has been taken, the period during ‘‘(B) preventing and detecting fraud and and which each item has remained on such inven- abuse in the program; and ‘‘(10) to the extent and in such amounts as tory and the reasons for the inaction; ‘‘(C) identifying, and referring to the At- may be provided in advance by appropria- ‘‘(vii) identify any Flood Insurance Assist- torney General for prosecution, any partici- tions Acts, enter into contracts and other ar- ance Recommendation which was not re- pant in such fraud or abuse; rangements for audits, studies, analyses, and sponded to by the Director in a timely man- ‘‘(7) identify and investigate conflicts of other services with public agencies and with ner or was not followed, as specified under interest that undermine the economy and ef- private persons, and to make such payments subsection (i); ficiency of the national flood insurance pro- as may be necessary to carry out the provi- ‘‘(viii) contain recommendations for such gram; and sions of this section. administrative and legislative action as may ‘‘(8) investigate allegations of consumer ‘‘(d) ADDITIONAL DUTIES OF THE NFIA.—The be appropriate to resolve problems encoun- fraud. National Flood Insurance Advocate shall— tered by such insureds; ‘‘(c) AUTHORITY OF THE NATIONAL FLOOD IN- ‘‘(1) monitor the coverage and geographic ‘‘(ix) identify areas of the law or regula- SURANCE ADVOCATE.—The National Flood In- allocation of regional offices of flood insur- tions relating to the national flood insurance surance Advocate may— ance advocates; program that impose significant compliance ‘‘(1) have access to all records, reports, au- ‘‘(2) develop guidance to be distributed to burdens on such insureds or the Federal dits, reviews, documents, papers, recall Federal Emergency Management Agency Emergency Management Agency, including ommendations, or other material available officers and employees having duties with re- specific recommendations for remedying to the Director which relate to administra- spect to the national flood insurance pro- these problems; tion or operation of the national flood insur- gram, outlining the criteria for referral of ‘‘(x) identify the most litigated issues for ance program with respect to which the Na- inquiries by insureds under such program to each category of such insureds, including tional Flood Insurance Advocate has respon- regional offices of flood insurance advocates; recommendations for mitigating such dis- sibilities under this section; ‘‘(3) ensure that the local telephone num- putes; ‘‘(2) undertake such investigations and re- ber for each regional office of the flood in- ‘‘(xi) identify ways to promote the econ- ports relating to the administration or oper- surance advocate is published and available omy, efficiency, and effectiveness in the ad- ation of the national flood insurance pro- to such insureds served by the office; and ministration of the national flood insurance gram as are, in the judgment of the National ‘‘(4) establish temporary State or local of- program; Flood Insurance Advocate, necessary or de- fices where necessary to meet the needs of ‘‘(xii) identify fraud and abuse in the na- sirable; qualified insureds following a flood event. tional flood insurance program; and ‘‘(3) request such information or assistance ‘‘(e) OTHER RESPONSIBILITIES.— ‘‘(xiii) include such other information as as may be necessary for carrying out the du- ‘‘(1) ADDITIONAL REQUIREMENTS RELATING the National Flood Insurance Advocate may ties and responsibilities provided by this sec- TO CERTAIN AUDITS.—Prior to conducting any deem advisable. tion from any Federal, State, or local gov- audit or investigation relating to the alloca- ‘‘(B) DIRECT SUBMISSION OF REPORT.—Each ernmental agency or unit thereof; tion of flood losses under subsection report required under this paragraph shall be ‘‘(4) require by subpoena the production of (b)(5)(A), the National Flood Insurance Advo- provided directly to the committees identi- all information, documents, reports, an- cate shall— fied in subparagraph (A) without any prior swers, records (including phone records), ac- ‘‘(A) consult with appropriate subject-mat- review or comment from the Director, the counts, papers, emails, hard drives, backup ter experts to identify the data necessary to Secretary of Homeland Security, or any tapes, software, audio or visual aides, and determine whether flood claims paid by in- other officer or employee of the Federal any other data and documentary evidence surance companies or associated entities on Emergency Management Agency or the De- necessary in the performance of the func- behalf the national flood insurance program partment of Homeland Security, or the Of- tions assigned to the National Flood Insur- reflect damages caused by flooding; fice of Management and Budget. ance Advocate by this section, which sub- ‘‘(B) collect or compile the data identified ‘‘(3) INFORMATION AND ASSISTANCE FROM poena, in the case of contumacy or refusal to in subparagraph (A), utilizing existing data OTHER AGENCIES.—

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‘‘(A) IN GENERAL.—Upon request of the Na- ‘‘(i) FLOOD INSURANCE ASSISTANCE REC- the claims appeals process described under tional Flood Insurance Advocate for infor- OMMENDATIONS.— section 62.20 of title 44, Code of Federal Reg- mation or assistance under this section, the ‘‘(1) AUTHORITY TO ISSUE.—Upon applica- ulations. head of any Federal agency shall, insofar as tion filed by a qualified insured with the Of- ‘‘(l) AUTHORITY OF THE DIRECTOR TO LEVY is practicable and not in contravention of fice of the Flood Insurance Advocate (in such PENALTIES.—In addition to any other action any statutory restriction or regulation of form, manner, and at such time as the Direc- that may be taken by the Attorney General, the Federal agency from which the informa- tor shall by regulation prescribe), the Na- upon a finding in any investigation or audit tion is requested, furnish to the National tional Flood Insurance Advocate may issue a conducted by the Office of the National Flood Insurance Advocate, or to an author- Flood Insurance Assistance Recommenda- Flood Insurance Advocate under this section, ized designee of the National Flood Insur- tion, if the Advocate finds that the qualified that any insurance company or associated ance Advocate, such information or assist- insured is suffering a significant hardship, entity has willfully misappropriated funds ance. such as a significant delay in resolving under the national flood insurance program, ‘‘(B) REFUSAL TO COMPLY.—Whenever infor- claims where the insured is incurring signifi- the Director may levy a civil fine against mation or assistance requested under this cant costs as a result of such delay, or where such company or entity in an amount not to subsection is, in the judgment of the Na- the insured is at risk of adverse action, in- exceed 3 times the total amount of funds tional Flood Insurance Advocate, unreason- cluding the loss of property, as a result of shown to be misappropriated. ably refused or not provided, the National the manner in which the flood insurance ‘‘(m) DEFINITIONS.—For purposes of this Flood Insurance Advocate shall report the laws are being administered by the Director. subsection: circumstances to the Director without delay. ‘‘(2) TERMS OF A FLOOD INSURANCE ASSIST- ‘‘(1) ASSOCIATED ENTITY.—The term ‘associ- ‘‘(f) COMPLIANCE WITH GAO STANDARDS.—In ANCE RECOMMENDATION.—The terms of a ated entity’ means any person, corporation, carrying out the responsibilities established Flood Insurance Assistance Recommenda- or other legal entity that contracts with the under this section, the National Flood Insur- tion may recommend to the Director that Director or an insurance company to provide ance Advocate shall— the Director, within a specified time period, adjustment services, benefits calculation ‘‘(1) comply with standards established by cease any action, take any action as per- services, claims services, processing services, the Comptroller General of the United States mitted by law, or refrain from taking any ac- or record keeping services in connection for audits of Federal establishments, organi- tion, including the payment of claims, with with standard flood insurance policies made zations, programs, activities, and functions; respect to the qualified insured under any available under the national flood insurance ‘‘(2) establish guidelines for determining other provision of law which is specifically program. when it shall be appropriate to use non-Fed- described by the National Flood Insurance ‘‘(2) INSURANCE COMPANY.—The term ‘insur- eral auditors; Advocate in such recommendation. ance company’ refers to any property and ‘‘(3) take appropriate steps to assure that ‘‘(3) DIRECTOR RESPONSE.—Not later than 15 casualty insurance company that is author- any work performed by non-Federal auditors days after the receipt of any Flood Insurance ized by the Director to participate in the complies with the standards established by Assistance Recommendation under this sub- Write Your Own program under the national the Comptroller General as described in section, the Director shall respond in writing flood insurance program. paragraph (1); and as to— ‘‘(3) NATIONAL FLOOD INSURANCE ADVO- ‘‘(4) take the necessary steps to minimize ‘‘(A) whether such recommendation was CATE.—The term ‘National Flood Insurance the publication of proprietary and trade se- followed; Advocate’ includes any designee of the Na- crets information. ‘‘(B) why such recommendation was or was tional Flood Insurance Advocate. ‘‘(g) PERSONNEL ACTIONS.— not followed; and ‘‘(4) QUALIFIED INSURED.—The term ‘quali- ‘‘(1) IN GENERAL.—The National Flood In- ‘‘(C) what, if any, additional actions were fied insured’ means an insured under cov- surance Advocate shall have the responsi- taken by the Director to prevent the hard- bility and authority to— erage provided under the national flood in- ship indicated in such recommendation. surance program under this title. ‘‘(A) appoint regional flood insurance advo- ‘‘(4) RESPONSIBILITIES OF DIRECTOR.—The cates in a manner that will provide appro- ‘‘(n) FUNDING.—Pursuant to section Director shall establish procedures requiring 1310(a)(8), the Director may use amounts priate coverage based upon regional flood in- a formal response consistent with the re- surance program participation; and from the National Flood Insurance Fund to quirements of paragraph (3) to all rec- fund the activities of the Office of the Flood ‘‘(B) hire, evaluate, and take personnel ac- ommendations submitted to the Director by tions (including dismissal) with respect to Advocate in each of fiscal years 2009 through the National Flood Insurance Advocate 2014, except that the amount so used in each any employee of any regional office of a under this subsection. flood insurance advocate described in sub- such fiscal year may not exceed $5,000,000 ‘‘(j) REPORTING OF POTENTIAL CRIMINAL and shall remain available until expended. paragraph (A). VIOLATIONS.—In carrying out the duties and Notwithstanding any other provision of this ‘‘(2) CONSULTATION.—The National Flood responsibilities established under this sec- title, amounts made available pursuant to Insurance Advocate may consult with the tion, the National Flood Insurance Advocate this subsection shall not be subject to offset- appropriate supervisory personnel of the shall report expeditiously to the Attorney ting collections through premium rates for Federal Emergency Management Agency in General whenever the National Flood Insur- carrying out the National Flood Insurance ance Advocate has reasonable grounds to be- flood insurance coverage under this title.’’. Advocate’s responsibilities under this sub- lieve there has been a violation of Federal section. criminal law. SA 4707. Mr. DODD (for himself and ‘‘(h) OPERATION OF REGIONAL OFFICES.— ‘‘(k) COORDINATION.— Mr. SHELBY) submitted an amendment ‘‘(1) IN GENERAL.—Each regional flood in- ‘‘(1) WITH OTHER FEDERAL AGENCIES.—In intended to be proposed by him to the surance advocate appointed pursuant to sub- carrying out the duties and responsibilities bill S. 2284, to amend the National section (d)— established under this section, the National Flood Insurance Act of 1968, to restore ‘‘(A) shall report to the National Flood In- Flood Insurance Advocate— the financial solvency of the flood insurance Advocate or delegate thereof; ‘‘(A) shall give particular regard to the ac- surance fund, and for other purposes; ‘‘(B) may consult with the appropriate su- tivities of the Inspector General of the De- pervisory personnel of the Federal Emer- partment of Homeland Security with a view which was ordered to lie on the table; gency Management Agency regarding the toward avoiding duplication and insuring ef- as follows: daily operation of the regional office of the fective coordination and cooperation; and Strike all after the enacting clause and in- flood insurance advocate; ‘‘(B) may participate, upon request of the sert the following: ‘‘(C) shall, at the initial meeting with any Inspector General of the Department of SECTION 1. TABLE OF CONTENTS. insured under the national flood insurance Homeland Security, in any audit or inves- The table of contents for this Act is as fol- program seeking the assistance of a regional tigation conducted by the Inspector General. lows: office of the flood insurance advocate, notify ‘‘(2) WITH STATE REGULATORS.—In carrying Sec. 1. Table of contents. such insured that the flood insurance advo- out any investigation or audit under this cate offices operate independently of any section, the National Flood Insurance Advo- TITLE I—FLOOD INSURANCE REFORM other Federal Emergency Management cate shall coordinate its activities and ef- AND MODERNIZATION Agency office and report directly to Congress forts with any State insurance authority Sec. 101. Short title. through the National Flood Insurance Advo- that is concurrently undertaking a similar Sec. 102. Findings. cate; and or related investigation or audit. Sec. 103. Definitions. ‘‘(D) may, at the flood insurance advo- ‘‘(3) AVOIDANCE OF REDUNDANCIES IN THE Sec. 104. Extension of National Flood Insur- cate’s discretion, not disclose to the Director RESOLUTION OF PROBLEMS.—In providing any ance Program. contact with, or information provided by, assistance to a policyholder pursuant to Sec. 105. Availability of insurance for multi- such insured. paragraphs (1) and (2) of subsection (b), the family properties. ‘‘(2) MAINTENANCE OF INDEPENDENT COMMU- National Flood Insurance Advocate shall Sec. 106. Reform of premium rate structure. NICATIONS.—Each regional office of the flood consult with the Director to eliminate, Sec. 107. Mandatory coverage areas. insurance advocate shall maintain a separate avoid, or reduce any redundancies in actions Sec. 108. Premium adjustment. phone, facsimile, and other electronic com- that may arise as a result of the actions of Sec. 109. State chartered financial institu- munication access. the National Flood Insurance Advocate and tions.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0655 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3824 CONGRESSIONAL RECORD — SENATE May 6, 2008 Sec. 110. Enforcement. (7) although such man-made structures than those estimated under paragraph (1), as Sec. 111. Escrow of flood insurance pay- produce an added element of safety and required by paragraph (2), for certain prop- ments. therefore lessen the probability that a dis- erties, including for— Sec. 112. Borrowing authority debt forgive- aster will occur, they are nevertheless sus- ‘‘(A) any property which is not the primary ness. ceptible to catastrophic loss, even though residence of an individual; Sec. 113. Minimum deductibles for claims such areas at one time were not included ‘‘(B) any severe repetitive loss property, as under the National Flood Insur- within the 100-year floodplain; and defined in section 1361A(b); ance Program. (8) voluntary participation in the National ‘‘(C) any property that has incurred flood- Sec. 114. Considerations in determining Flood Insurance Program has been minimal related damage in which the cumulative chargeable premium rates. and many families residing outside the 100- amounts of payments under this title Sec. 115. Reserve fund. year floodplain remain unaware of the poten- equaled or exceeded the fair market value of Sec. 116. Repayment plan for borrowing au- tial risk to their lives and property. such property; thority. SEC. 103. DEFINITIONS. ‘‘(D) any business property; and Sec. 117. Payment of condominium claims. (a) IN GENERAL.—In this title, the fol- ‘‘(E) any property which on or after the Sec. 118. Technical Mapping Advisory Coun- lowing definitions shall apply: date of enactment of the Flood Insurance Re- cil. (1) DIRECTOR.—The term ‘‘Director’’ means form and Modernization Act of 2008 has expe- Sec. 119. National Flood Mapping Program. the Administrator of the Federal Emergency rienced or sustained— Sec. 120. Removal of limitation on State Management Agency. ‘‘(i) substantial damage exceeding 50 per- contributions for updating (2) NATIONAL FLOOD INSURANCE PROGRAM.— cent of the fair market value of such prop- flood maps. The term ‘‘National Flood Insurance Pro- erty; or Sec. 121. Coordination. ‘‘(ii) substantial improvement exceeding 30 Sec. 122. Interagency coordination study. gram’’ means the program established under percent of the fair market value of such Sec. 123. Nonmandatory participation. the National Flood Insurance Act of 1968 (42 property.’’; and Sec. 124. Notice of flood insurance avail- U.S.C. 4011 et seq.). (B) by adding at the end the following: ability under RESPA. (3) 100-YEAR FLOODPLAIN.—The term ‘‘100- ‘‘(g) NO EXTENSION OF SUBSIDY TO NEW Sec. 125. Testing of new floodproofing tech- year floodplain’’ means that area which is subject to inundation from a flood having a POLICIES OR LAPSED POLICIES.—The Director nologies. shall not provide flood insurance to prospec- Sec. 126. Participation in State disaster 1 percent chance of being equaled or exceeded in any given year. tive insureds at rates less than those esti- claims mediation programs. mated under subsection (a)(1), as required by (4) 500-YEAR FLOODPLAIN.—The term ‘‘500- Sec. 127. Reiteration of FEMA responsibil- paragraph (2) of that subsection, for— ities under the 2004 Reform Act. year floodplain’’ means that area which is subject to inundation from a flood having a ‘‘(1) any property not insured by the flood Sec. 128. Additional authority of FEMA to insurance program as of the date of enact- collect information on claims 0.2 percent chance of being equaled or exceeded in any given year. ment of the Flood Insurance Reform and payments. Modernization Act of 2008; and Sec. 129. Expense reimbursements of insur- (5) WRITE YOUR OWN.—The term ‘‘Write Your Own’’ means the cooperative under- ‘‘(2) any policy under the flood insurance ance companies. program that has lapsed in coverage, as a re- Sec. 130. Extension of pilot program for taking between the insurance industry and sult of the deliberate choice of the holder of mitigation of severe repetitive the Flood Insurance Administration which such policy.’’. loss properties. allows participating property and casualty (2) EFFECTIVE DATE.—The amendments Sec. 131. Flood insurance advocate. insurance companies to write and service made by paragraph (1) shall become effective Sec. 132. Studies and Reports. standard flood insurance policies. 90 days after the date of the enactment of TITLE II—COMMISSION ON NATURAL CA- (b) COMMON TERMINOLOGY.—Except as otherwise provided in this title, any terms used this title. TASTROPHE RISK MANAGEMENT AND (b) INCREASE IN ANNUAL LIMITATION ON in this title shall have the meaning given to INSURANCE PREMIUM INCREASES.—Section 1308(e) of the such terms under section 1370 of the National National Flood Insurance Act of 1968 (42 Sec. 201. Short title. Flood Insurance Act of 1968 (42 U.S.C. 4121). Sec. 202. Findings. U.S.C. 4015(e)) is amended— Sec. 203. Establishment. SEC. 104. EXTENSION OF NATIONAL FLOOD IN- (1) by striking ‘‘under this title for any SURANCE PROGRAM. Sec. 204. Membership. properties within any single’’ and inserting Section 1319 of the National Flood Insur- Sec. 205. Duties of the Commission. the following: ‘‘under this title for any prop- Sec. 206. Report. ance Act of 1968 (42 U.S.C. 4026), is amended erties— Sec. 207. Powers of the Commission. by striking ‘‘2008’’ and inserting ‘‘2013.’’. ‘‘(1) within any single’’; and Sec. 208. Commission personnel matters. SEC. 105. AVAILABILITY OF INSURANCE FOR (2) by striking ‘‘10 percent’’ and inserting Sec. 209. Termination. MULTIFAMILY PROPERTIES. ‘‘15 percent’’; and Sec. 210. Authorization of appropriations. Section 1305 of the National Flood Insur- (3) by striking the period at the end and in- ance Act of 1968 (42 U.S.C. 4012) is amended TITLE I—FLOOD INSURANCE REFORM serting the following: ‘‘; and by adding at the end the following: AND MODERNIZATION ‘‘(2) described in section 1307(a)(4) shall be ‘‘(d) AVAILABILITY OF INSURANCE FOR MUL- SEC. 101. SHORT TITLE. increased by 25 percent each year, until the TIFAMILY PROPERTIES.— average risk premium rate for such prop- This title may be cited as the ‘‘Flood In- ‘‘(1) IN GENERAL.—The Director shall make erties is equal to the average of the risk pre- surance Reform and Modernization Act of flood insurance available to cover residential mium rates for properties described under 2008’’. properties of more than 4 units. Notwith- paragraph (1).’’. SEC. 102. FINDINGS. standing any other provision of law, the SEC. 107. MANDATORY COVERAGE AREAS. Congress finds that— maximum coverage amount that the Direc- (a) SPECIAL FLOOD HAZARD AREAS.—Not (1) the flood insurance claims resulting tor may make available under this sub- later than 90 days after the date of enact- from the hurricane season of 2005 will likely section to such residential properties shall ment of this title, the Director shall issue exceed all previous claims paid by the Na- be equal to the coverage amount made avail- final regulations establishing a revised defi- tional Flood Insurance Program; able to commercial properties. nition of areas of special flood hazards for (2) in order to pay the legitimate claims of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in purposes of the National Flood Insurance policyholders from the hurricane season of this subsection shall be construed to limit Program. 2005, the Federal Emergency Management the ability of individuals residing in residen- (b) RESIDUAL RISK AREAS.—The regulations Agency has borrowed over $20,000,000,000 from tial properties of more than 4 units to obtain required by subsection (a) shall— the Treasury; insurance for the contents and personal arti- (1) include any area previously identified (3) the interest alone on this debt, is al- cles located in such residences.’’. by the Director as an area having special most $1,000,000,000 annually, and that the SEC. 106. REFORM OF PREMIUM RATE STRUC- flood hazards under section 102 of the Flood Federal Emergency Management Agency has TURE. Disaster Protection Act of 1973 (42 U.S.C. indicated that it will be unable to pay back (a) TO EXCLUDE CERTAIN PROPERTIES FROM 4012a); and this debt; RECEIVING SUBSIDIZED PREMIUM RATES.— (2) require the expansion of areas of special (4) the flood insurance program must be (1) IN GENERAL.—Section 1307 of the Na- flood hazards to include areas of residual strengthened to ensure it can pay future tional Flood Insurance Act of 1968 (42 U.S.C. risk, including areas that are located behind claims; 4014) is amended— levees, dams, and other man-made struc- (5) while flood insurance is mandatory in (A) in subsection (a)— tures. the 100-year floodplain, substantial flooding (i) in paragraph (2), by striking ‘‘; and’’ and (c) MANDATORY PARTICIPATION IN NATIONAL occurs outside of existing special flood haz- inserting a semicolon; FLOOD INSURANCE PROGRAM.— ard areas; (ii) in paragraph (3), by striking the period (1) IN GENERAL.—Any area described in sub- (6) recent events throughout the country at the end and inserting ‘‘; and’’; and section (b) shall be subject to the mandatory involving areas behind man-made structures, (iii) by adding at the end the following: purchase requirements of sections 102 and 202 known as ‘‘residual risk’’ areas, have pro- ‘‘(4) the exclusion of prospective insureds of the Flood Disaster Protection Act of 1973 duced catastrophic losses; from purchasing flood insurance at rates less (42 U.S.C. 4012a, 4106).

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(2) LIMITATION.—The mandatory purchase ‘‘(B) STATE ENTITIES RESPONSIBLE FOR before December 31, 1974, or before the effec- requirement under paragraph (1) shall have LENDING REGULATIONS.—In order to continue tive date of an initial flood insurance rate no force or effect until the mapping of all re- to participate in the flood insurance pro- map published by the Director under section sidual risk areas in the United States that gram, each State shall direct that its entity 1360 for the area in which such structure is the Director determines essential in order to or agency with primary responsibility for located, the minimum annual deductible for administer the National Flood Insurance the supervision of lending institutions in damage to such structure shall be— Program, as required under section 119, are that State require that premiums and fees ‘‘(A) $1,500, if the flood insurance coverage in the maintenance phase. for flood insurance under the National Flood for such structure covers loss of, or physical SEC. 108. PREMIUM ADJUSTMENT. Insurance Act of 1968, on any property for damage to, such structure in an amount Section 1308 of the National Flood Insur- which a loan has been made for acquisition equal to or less than $100,000; and ance Act of 1968 (42 U.S.C. 4015) is amended or construction purposes shall be paid to the ‘‘(B) $2,000, if the flood insurance coverage by adding at the end the following: mortgage lender, with the same frequency as for such structure covers loss of, or physical ‘‘(g) PREMIUM ADJUSTMENT TO REFLECT payments on the loan are made, for the dura- damage to, such structure in an amount CURRENT RISK OF FLOOD.—Notwithstanding tion of the loan. Upon receipt of any pre- greater than $100,000. subsection (f), and upon completion of the miums or fees, the lender shall deposit such ‘‘(2) POST-FIRM PROPERTIES.—For any updating of any flood insurance rate map premiums and fees in an escrow account on structure which is covered by flood insur- under this Act, the Flood Disaster Protec- behalf of the borrower. Upon receipt of a no- ance under this title, and on which construction Act of 1973, or the Flood Insurance Re- tice from such State entity or agency, the tion or substantial improvement occurred form and Modernization Act of 2008, any Director, or the provider of the flood insur- after December 31, 1974, or after the effective property located in an area that is partici- ance that insurance premiums are due, the date of an initial flood insurance rate map pating in the national flood insurance pro- remaining balance of an escrow account published by the Director under section 1360 gram shall have the risk premium rate shall be paid to the provider of the flood infor the area in which such structure is lo- charged for flood insurance on such property surance.’’; and cated, the minimum annual deductible for adjusted to accurately reflect the current (2) by adding at the end the following: damage to such structure shall be— risk of flood to such property, subject to any ‘‘(6) NOTICE UPON LOAN TERMINATION.—Upon ‘‘(A) $750, if the flood insurance coverage other provision of this Act. Any increase in final payment of the mortgage, a regulated for such structure covers loss of, or physical the risk premium rate charged for flood in- lending institution shall provide notice to damage to, such structure in an amount surance on any property that is covered by a the policyholder that insurance coverage equal to or less than $100,000; and flood insurance policy on the date of comple- may cease with such final payment. The reg- ‘‘(B) $1,000, if the flood insurance coverage tion of such updating or remapping that is a ulated lending institution shall also provide for such structure covers loss of, or physical result of such updating or remapping shall be direction as to how the homeowner may con- damage to, such structure in an amount phased in over a 2-year period at the rate of tinue flood insurance coverage after the life greater than $100,000.’’. 50 percent per year.’’. of the loan.’’. SEC. 114. CONSIDERATIONS IN DETERMINING CHARGEABLE PREMIUM RATES. SEC. 109. STATE CHARTERED FINANCIAL INSTI- (b) APPLICABILITY.—The amendment made TUTIONS. by subsection (a)(1) shall apply to any mort- Section 1308 of the National Flood Insur- Section 1305(c) of the National Flood Insur- gage outstanding or entered into on or after ance Act of 1968 (42 U.S.C. 4015(b)) is amend- ance Act of 1968 (42 U.S.C. 4012(c)) is amend- the expiration of the 2-year period beginning ed— ed— on the date of enactment of this title. (1) in subsection (a), by striking ‘‘, after (1) in paragraph (1), by striking ‘‘; and’’ and SEC. 112. BORROWING AUTHORITY DEBT FOR- consultation with’’ and all that follows inserting a semicolon; GIVENESS. through ‘‘by regulation’’ and inserting ‘‘pre- (2) in paragraph (2), by striking the period (a) IN GENERAL.—The Secretary of the scribe, after providing notice’’; at the end and inserting ‘‘; and’’; and Treasury relinquishes the right to any re- (2) in subsection (b)— (3) by adding at the end the following: payment of amounts due from the Director (A) in paragraph (1), by striking the period ‘‘(3) given satisfactory assurance that by in connection with the exercise of the au- at the end and inserting a semicolon; December 31, 2008, lending institutions char- thority vested to the Director to borrow such (B) in paragraph (2), by striking the tered by a State, and not insured by the Fed- sums under section 1309 of the National comma at the end and inserting a semicolon; eral Deposit Insurance Corporation, shall be Flood Insurance Act of 1968 (42 U.S.C. 4016), (C) in paragraph (3), by striking ‘‘, and’’ subject to regulations by that State that are to the extent such borrowed sums were used and inserting a semicolon; consistent with the requirements of section to fund the payment of flood insurance (D) in paragraph (4), by striking the period 102 of the Flood Disaster Protection Act of claims under the National Flood Insurance and inserting ‘‘; and’’; and 1973 (42 U.S.C. 4012a).’’. Program for any damage to or loss of prop- (E) by adding at the end the following: ‘‘(5) adequate, on the basis of accepted ac- SEC. 110. ENFORCEMENT. erty resulting from the hurricanes of 2005. (b) CERTIFICATION.—The debt forgiveness tuarial principles, to cover the average his- Section 102(f)(5) of the Flood Disaster Pro- described under subsection (a) shall only torical loss year obligations incurred by the tection Act of 1973 (42 U.S.C. 4012a(f)(5)) is take effect if the Director certifies to the National Flood Insurance Fund.’’; and amended— Secretary of Treasury that all authorized re- (3) by adding at the end the following: (1) in the first sentence, by striking ‘‘$350’’ sources or funds available to the Director to ‘‘(h) RULE OF CONSTRUCTION.—For purposes and inserting ‘‘$2,000’’; and operate the National Flood Insurance Pro- of this section, the calculation of an ‘average (2) by striking the second sentence. gram— historical loss year’— SEC. 111. ESCROW OF FLOOD INSURANCE PAY- (1) have been otherwise obligated to pay ‘‘(1) includes catastrophic loss years; and MENTS. claims under the National Flood Insurance ‘‘(2) shall be computed in accordance with (a) IN GENERAL.—Section 102(d) of the Program; and generally accepted actuarial principles.’’. Flood Disaster Protection Act of 1973 (42 (2) are not otherwise available to make SEC. 115. RESERVE FUND. U.S.C. 4012a(d)) is amended— payments to the Secretary on any out- Chapter I of the National Flood Insurance (1) by amending paragraph (1) to read as standing notes or obligations issued by the Act of 1968 (42 U.S.C. 4011 et seq.) is amended follows: Director and held by the Secretary. by inserting after section 1310 the following: ‘‘(1) REGULATED LENDING INSTITUTIONS.— (c) DECREASE IN BORROWING AUTHORITY.— ‘‘SEC. 1310A. RESERVE FUND. ‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR The first sentence of subsection (a) of section ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In LENDING REGULATIONS.—Each Federal entity 1309 of the National Flood Insurance Act of carrying out the flood insurance program au- for lending regulation (after consultation 1968 (42 U.S.C. 4016(a)) is amended by striking thorized by this chapter, the Director shall and coordination with the Federal Financial ‘‘; except that, through September 30, 2008, establish in the Treasury of the United Institutions Examination Council) shall, by clause (2) of this sentence shall be applied by States a National Flood Insurance Reserve regulation, direct that any premiums and substituting ‘$20,775,000,000’ for Fund (in this section referred to as the ‘Re- fees for flood insurance under the National ‘$1,500,000,000’’’. serve Fund’) which shall— Flood Insurance Act of 1968, on any property SEC. 113. MINIMUM DEDUCTIBLES FOR CLAIMS ‘‘(1) be an account separate from any other for which a loan has been made for acquisi- UNDER THE NATIONAL FLOOD IN- accounts or funds available to the Director; tion or construction purposes, shall be paid SURANCE PROGRAM. and to the mortgage lender, with the same fre- Section 1312 of the National Flood Insur- ‘‘(2) be available for meeting the expected quency as payments on the loan are made, ance Act of 1968 (42 U.S.C. 4019) is amended— future obligations of the flood insurance pro- for the duration of the loan. Upon receipt of (1) by striking ‘‘The Director is’’ and in- gram. any premiums or fees, the lender shall de- serting the following: ‘‘(b) RESERVE RATIO.—Subject to the phase- posit such premiums and fees in an escrow ‘‘(a) IN GENERAL.—The Director is’’; and in requirements under subsection (d), the Re- account on behalf of the borrower. Upon re- (2) by adding at the end the following: serve Fund shall maintain a balance equal ceipt of a notice from the Director or the ‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.— to— provider of the flood insurance that insur- ‘‘(1) PRE-FIRM PROPERTIES.—For any struc- ‘‘(1) 1 percent of the sum of the total po- ance premiums are due, the remaining bal- ture which is covered by flood insurance tential loss exposure of all outstanding flood ance of an escrow account shall be paid to under this title, and on which construction insurance policies in force in the prior fiscal the provider of the flood insurance. or substantial improvement occurred on or year; or

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3826 CONGRESSIONAL RECORD — SENATE May 6, 2008 ‘‘(2) such higher percentage as the Director borrowed by the Director under the author- (A) accuracy, general quality, ease of use, determines to be appropriate, taking into ity established in subsection (a), the Direc- and distribution and dissemination of flood consideration any circumstance that may tor, beginning 6 months after the date on insurance rate maps and risk data; and raise a significant risk of substantial future which such borrowed funds are issued, and (B) performance metrics and milestones re- losses to the Reserve Fund. continuing every 6 months thereafter until quired to effectively and efficiently map ‘‘(c) MAINTENANCE OF RESERVE RATIO.— such borrowed funds are fully repaid, shall flood risk areas in the United States; ‘‘(1) IN GENERAL.—The Director shall have submit a report on the progress of such re- (2) recommend to the Director mapping the authority to establish, increase, or de- payment to the— standards and guidelines for— crease the amount of aggregate annual in- ‘‘(1) Secretary of the Treasury; (A) flood insurance rate maps; and surance premiums to be collected for any fis- ‘‘(2) Committee on Banking, Housing, and (B) data accuracy, data quality, data cur- cal year necessary— Urban Affairs of the Senate; and rency, and data eligibility; ‘‘(A) to maintain the reserve ratio required ‘‘(3) Committee on Financial Services of (3) recommend to the Director how to under subsection (b); and the House of Representatives.’’. maintain on an ongoing basis flood insurance ‘‘(B) to achieve such reserve ratio, if the SEC. 117. PAYMENT OF CONDOMINIUM CLAIMS. rate maps and flood risk identification; actual balance of such reserve is below the (4) recommend procedures for delegating Section 1312 of the National Flood Insur- amount required under subsection (b). mapping activities to State and local map- ance Act of 1968 (42 U.S.C. 4019), as amended ‘‘(2) CONSIDERATIONS.—In exercising the au- ping partners; by section 113, is further amended by adding thority granted under paragraph (1), the Di- (5) recommend to the Director and other at the end the following: rector shall consider— Federal agencies participating in the Coun- ‘‘(A) the expected operating expenses of the ‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM cil— Reserve Fund; OWNERS.—The Director may not deny pay- (A) methods for improving interagency and ‘‘(B) the insurance loss expenditures under ment for any damage to or loss of property intergovernmental coordination on flood the flood insurance program; which is covered by flood insurance to condo- mapping and flood risk determination; and ‘‘(C) any investment income generated minium owners who purchased such flood in- (B) a funding strategy to leverage and co- under the flood insurance program; and surance separate and apart from the flood in- ordinate budgets and expenditures across ‘‘(D) any other factor that the Director de- surance purchased by the condominium asso- Federal agencies; and termines appropriate. ciation in which such owner is a member, (6) submit an annual report to the Director ‘‘(3) LIMITATIONS.—In exercising the au- based, solely or in any part, on the flood in- that contains— thority granted under paragraph (1), the Di- surance coverage of the condominium asso- (A) a description of the activities of the rector shall be subject to all other provisions ciation or others on the overall property Council; of this Act, including any provisions relating owned by the condominium association. Not- (B) an evaluation of the status and per- to chargeable premium rates or annual in- withstanding any regulations, rules, or re- formance of flood insurance rate maps and creases of such rates. strictions established by the Director relat- mapping activities to revise and update flood ‘‘(d) PHASE-IN REQUIREMENTS.—The phase- ing to appeals and filing deadlines, the Di- insurance rate maps, as required under sec- in requirements under this subsection are as rector shall ensure that the requirements of tion 119; and follows: this subsection are met with respect to any (C) a summary of recommendations made ‘‘(1) IN GENERAL.—Beginning in fiscal year claims for damages resulting from flooding by the Council to the Director. 2008 and not ending until the fiscal year in in 2005 and 2006.’’. (d) FUTURE CONDITIONS RISK ASSESSMENT which the ratio required under subsection (b) SEC. 118. TECHNICAL MAPPING ADVISORY COUN- is achieved, in each such fiscal year the Di- CIL. AND MODELING REPORT.— rector shall place in the Reserve Fund an (1) IN GENERAL.—The Council shall consult (a) ESTABLISHMENT.—There is established a with scientists and technical experts, other amount equal to not less than 7.5 percent of council to be known as the Technical Map- the reserve ratio required under subsection Federal agencies, States, and local commu- ping Advisory Council (in this section re- nities to— (b). ferred to as the ‘‘Council’’). ‘‘(2) AMOUNT SATISFIED.—As soon as the (A) develop recommendations on how to— (b) MEMBERSHIP.— (i) ensure that flood insurance rate maps ratio required under subsection (b) is (1) IN GENERAL.—The Council shall consist achieved, and except as provided in para- incorporate the best available climate of the Director, or the designee thereof, and science to assess flood risks; and graph (3), the Director shall not be required 12 additional members to be appointed by the to set aside any amounts for the Reserve (ii) ensure that the Federal Emergency Director or the designee of the Director, who Management Agency uses the best available Fund. shall be— ‘‘(3) EXCEPTION.—If at any time after the methodology to consider the impact of— (A) the Under Secretary of Commerce for (I) the rise in the sea level; and ratio required under subsection (b) is Oceans and Atmosphere (or the designee achieved, the Reserve Fund falls below the (II) future development on flood risk; and thereof); (B) not later than 1 year after the date of required ratio under subsection (b), the Di- (B) a member of a recognized professional rector shall place in the Reserve Fund for enactment of this title, prepare written rec- surveying association or organization ommendations in a future conditions risk as- that fiscal year an amount equal to not less (C) a member of a recognized professional than 7.5 percent of the reserve ratio required sessment and modeling report and to submit mapping association or organization; such recommendations to the Director. under subsection (b). (D) a member of a recognized professional ‘‘(e) LIMITATION ON RESERVE RATIO.—In any (2) RESPONSIBILITY OF THE DIRECTOR.—The engineering association or organization; given fiscal year, if the Director determines Director, as part of the ongoing program to (E) a member of a recognized professional that the reserve ratio required under sub- review and update National Flood Insurance association or organization representing section (b) cannot be achieved, the Director Program rate maps under section 119, shall flood hazard determination firms; shall submit a report to Congress that— incorporate any future risk assessment sub- (F) a representative of the United States ‘‘(1) describes and details the specific con- mitted under paragraph (1)(B) in any such re- Geological Survey; cerns of the Director regarding such con- vision or update. (G) a representative of a recognized profes- sequences; sional association or organization rep- (e) CHAIRPERSON.—The members of the ‘‘(2) demonstrates how such consequences resenting State geographic information; Council shall elect 1 member to serve as the would harm the long-term financial sound- (H) a representative of State national flood chairperson of the Council (in this section ness of the flood insurance program; and insurance coordination offices; referred to as the ‘‘Chairperson’’). ‘‘(3) indicates the maximum attainable re- (I) a representative of the Corps of Engi- serve ratio for that particular fiscal year.’’. (f) COORDINATION.—To ensure that the neers; Council’s recommendations are consistent, SEC. 116. REPAYMENT PLAN FOR BORROWING (J) the Secretary of the Interior (or the AUTHORITY. to the maximum extent practicable, with na- Section 1309 of the National Flood Insur- designee thereof); tional digital spatial data collection and ance Act of 1968 (42 U.S.C. 4016) is amended (K) the Secretary of Agriculture (or the management standards, the Chairperson by adding at the end the following: designee thereof); and shall consult with the Chairperson of the ‘‘(c) Any funds borrowed by the Director (L) a member of a recognized regional flood Federal Geographic Data Committee (estab- under the authority established in sub- and storm water management organization. lished pursuant to OMB Circular A–16). section (a) shall include a schedule for repay- (2) QUALIFICATIONS.—Members of the Coun- (g) COMPENSATION.—Members of the Coun- ment of such amounts which shall be trans- cil shall be appointed based on their dem- cil shall receive no additional compensation mitted to the— onstrated knowledge and competence regard- by reason of their service on the Council. ‘‘(1) Secretary of the Treasury; ing surveying, cartography, remote sensing, ‘‘(2) Committee on Banking, Housing, and geographic information systems, or the tech- (h) MEETINGS AND ACTIONS.— Urban Affairs of the Senate; and nical aspects of preparing and using flood in- (1) IN GENERAL.—The Council shall meet ‘‘(3) Committee on Financial Services of surance rate maps. not less frequently than twice each year at the House of Representatives. (c) DUTIES.—The Council shall— the request of the Chairperson or a majority ‘‘(d) In addition to the requirement under (1) recommend to the Director how to im- of its members, and may take action by a subsection (c), in connection with any funds prove in a cost-effective manner the— vote of the majority of the members.

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(2) INITIAL MEETING.—The Director, or a (B) DATA ON A WATERSHED BASIS.—Develop (2) REPORT.—Not later than 30 days after person designated by the Director, shall re- National Flood Insurance Program flood the submission of the budget of the United quest and coordinate the initial meeting of data on a watershed basis— States Government by the President to Con- the Council. (i) to provide the most technically effec- gress, the Director of the Office of Manage- (i) OFFICERS.—The Chairperson may ap- tive and efficient studies and hydrologic and ment and Budget, in coordination with the point officers to assist in carrying out the hydraulic modeling; and Federal Emergency Management Agency, duties of the Council under subsection (c). (ii) to eliminate, to the maximum extent the United States Geological Survey, the Na- (j) STAFF.— possible, discrepancies in base flood ele- tional Oceanic and Atmospheric Administra- (1) STAFF OF FEMA.—Upon the request of vations between adjacent political subdivi- tion, the Corps of Engineers, and other Fed- the Chairperson, the Director may detail, on sions. eral agencies, as appropriate, shall submit to a nonreimbursable basis, personnel of the (3) OTHER INCLUSIONS.—In updating maps the appropriate authorizing and appro- Federal Emergency Management Agency to under this section, the Director shall in- priating committees of the Senate and the assist the Council in carrying out its duties. clude— House of Representatives a financial report, (2) STAFF OF OTHER FEDERAL AGENCIES.— (A) any relevant information on coastal in- certified by the Secretary or head of each Upon request of the Chairperson, any other undation from— such agency, an interagency budget crosscut Federal agency that is a member of the (i) an applicable inundation map of the report that displays the budget proposed for Council may detail, on a non-reimbursable Corps of Engineers; and each of the Federal agencies working on basis, personnel to assist the Council in car- (ii) data of the National Oceanic and At- flood risk determination data and digital rying out its duties. mospheric Administration relating to storm elevation models, including any planned (k) POWERS.—In carrying out this section, surge modeling; interagency or intraagency transfers. the Council may hold hearings, receive evi- (B) any relevant information of the United (b) DUTIES OF THE DIRECTOR.—In carrying dence and assistance, provide information, States Geological Survey on stream flows, out sections 118 and 119, the Director shall— and conduct research, as it considers appro- watershed characteristics, and topography (1) participate, pursuant to section 216 of priate. that is useful in the identification of flood Public Law 107–347 (116 Stat. 2945), in the es- (l) REPORT TO CONGRESS.—The Director, on hazard areas, as determined by the Director; tablishment of such standards and common an annual basis, shall report to the Com- (C) any relevant information on land sub- protocols as are necessary to assure the mittee on Banking, Housing, and Urban Af- sidence, coastal erosion areas, and other interoperability of geospatial data for all fairs of the Senate, the Committee on Finan- floor-related hazards; users of such information; cial Services of the House of Representa- (D) any relevant information or data of the (2) coordinate with, seek assistance and co- tives, and the Office of Management and National Oceanic and Atmospheric Adminis- operation of, and provide liaison to the Fed- Budget on the— tration and the United States Geological eral Geographic Data Committee pursuant to (1) recommendations made by the Council; Survey relating to the best available climate Office of Management and Budget Circular and science and the potential for future inunda- A–16 and Executive Order 12906 for the imple- (2) actions taken by the Federal Emer- tion from sea level rise, increased precipita- mentation of and compliance with such gency Management Agency to address such tion, and increased intensity of hurricanes standards; recommendations to improve flood insurance due to global warming; and (3) integrate with, leverage, and coordinate rate maps and flood risk data. (E) any other relevant information as may funding of, to the maximum extent prac- SEC. 119. NATIONAL FLOOD MAPPING PROGRAM. be recommended by the Technical Mapping ticable, the current flood mapping activities (a) REVIEWING, UPDATING, AND MAINTAINING Advisory Committee. of each unit of State and local government; MAPS.—The Director, in coordination with (c) STANDARDS.—In updating and maintain- (4) integrate with, leverage, and coordi- the Technical Mapping Advisory Council es- ing maps under this section, the Director nate, to the maximum extent practicable, tablished under section 118, shall establish shall— the current geospatial activities of other an ongoing program under which the Direc- (1) establish standards to— Federal agencies and units of State and local tor shall review, update, and maintain Na- (A) ensure that maps are adequate for— government; and tional Flood Insurance Program rate maps in (i) flood risk determinations; and (5) develop a funding strategy to leverage accordance with this section. (ii) use by State and local governments in and coordinate budgets and expenditures, (b) MAPPING.— managing development to reduce the risk of and to establish joint funding mechanisms (1) IN GENERAL.—In carrying out the pro- flooding; and with other Federal agencies and units of gram established under subsection (a), the (B) facilitate identification and use of con- State and local government to share the col- Director shall— sistent methods of data collection and anal- lection and utilization of geospatial data (A) identify, review, update, maintain, and ysis by the Director, in conjunction with among all governmental users. publish National Flood Insurance Program State and local governments, in developing SEC. 122. INTERAGENCY COORDINATION STUDY. rate maps with respect to— maps for communities with similar flood (a) IN GENERAL.—The Director shall enter (i) all areas located within the 100-year risks, as determined by the Director; and into a contract with the National Academy floodplain; (2) publish maps in a format that is— of Public Administration to conduct a study (ii) all areas located within the 500-year (A) digital geospatial data compliant; on how the Federal Emergency Management floodplain; (B) compliant with the open publishing and Agency— (iii) areas of residual risk that have not data exchange standards established by the (1) should improve interagency and inter- previously been identified, including areas Open Geospatial Consortium; and governmental coordination on flood map- that are protected levees, dams, and other (C) compliant with the North American ping, including a funding strategy to lever- man-made structures; and Vertical Datum of 1998 for New Hydrologic age and coordinate budgets and expendi- (iv) areas that could be inundated as a re- and Hydraulic Engineering. tures; and sult of the failure of a levee, dam, or other (d) AUTHORIZATION OF APPROPRIATIONS.— (2) can establish joint funding mechanisms man-made structure; There is authorized to be appropriated to the with other Federal agencies and units of (B) establish or update flood-risk zone data Director to carry out this section $400,000,000 State and local government to share the col- in all such areas, and make estimates with for each of fiscal years 2008 through 2013. lection and utilization of data among all respect to the rates of probable flood caused SEC. 120. REMOVAL OF LIMITATION ON STATE governmental users. loss for the various flood risk zones for each CONTRIBUTIONS FOR UPDATING (b) TIMING.—Not later than 180 days after such area; and FLOOD MAPS. the date of enactment of this title, the Na- (C) use, in identifying, reviewing, updating, Section 1360(f)(2) of the National Flood In- tional Academy of Public Administration maintaining, or publishing any National surance Act of 1968 (42 U.S.C. 4101(f)(2)) is shall report the findings of the study re- Flood Insurance Program rate map required amended by striking ‘‘, but which may not quired under subsection (a) to the— under this section or under the National exceed 50 percent of the cost of carrying out (1) Committee on Banking, Housing, and Flood Insurance Act of 1968, the most accu- the requested revision or update’’. Urban Affairs of the Senate; rate topography and elevation data avail- SEC. 121. COORDINATION. (2) Committee on Financial Services of the able. (a) INTERAGENCY BUDGET CROSSCUT RE- House of Representatives; (2) MAPPING ELEMENTS.—Each map updated PORT.— (3) Committee on Appropriations of the under this section shall: (1) IN GENERAL.—The Secretary of Home- Senate; and (A) GROUND ELEVATION DATA.—Assess the land Security, the Director, the Director of (4) Committee on Appropriations of the accuracy of current ground elevation data the Office of Management and Budget, and House of Representatives. used for hydrologic and hydraulic modeling the heads of each Federal department or SEC. 123. NONMANDATORY PARTICIPATION. of flooding sources and mapping of the flood agency carrying out activities under sections (a) NONMANDATORY PARTICIPATION IN NA- hazard and wherever necessary acquire new 118 and 119 shall work together to ensure TIONAL FLOOD INSURANCE PROGRAM FOR 500- ground elevation data utilizing the most up- that flood risk determination data and YEAR FLOODPLAIN.—Any area located within to-date geospatial technologies in accord- geospatial data are shared among Federal the 500-year floodplain shall not be subject ance with the existing guidelines and speci- agencies in order to coordinate the efforts of to the mandatory purchase requirements of fications of the Federal Emergency Manage- the Nation to reduce its vulnerability to sections 102 or 202 of the Flood Disaster Pro- ment Agency. flooding hazards. tection Act of 1973 (42 U.S.C. 4012a, 4106).

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(b) NOTICE.— (c) RULE OF CONSTRUCTION.—Nothing in ‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT (1) BY DIRECTOR.—In carrying out the Na- this section shall be construed to alter, AFFECTED.—Participation in State-sponsored tional Flood Insurance Program, the Direc- limit, or extend the availability of flood in- mediation, as described in this section does tor shall provide notice to any community surance to any structure that may employ, not— located in an area within the 500-year flood- utilize, or apply any technology tested under ‘‘(1) affect or expand the liability of any plain. subsection (b). party in contract or in tort; or (2) TIMING OF NOTICE.—The notice required SEC. 126. PARTICIPATION IN STATE DISASTER ‘‘(2) affect the rights or obligations of the under paragraph (1) shall be made not later CLAIMS MEDIATION PROGRAMS. parties, as established— than 6 months after the date of completion Chapter I of the National Flood Insurance ‘‘(A) in any regulation issued by the Direc- of the initial mapping of the 500-year flood- Act of 1968 (42 U.S.C. 4011 et seq.) is amended tor, including any regulation relating to a plain, as required under section 118. by inserting after section 1313 the following: standard flood insurance policy; (3) LENDER REQUIRED NOTICE.— ‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER ‘‘(B) under this Act; and (A) REGULATED LENDING INSTITUTIONS.— CLAIMS MEDIATION PROGRAMS. ‘‘(C) under any other provision of Federal Each Federal or State entity for lending reg- ‘‘(a) REQUIREMENT TO PARTICIPATE.—In the law. ulation (after consultation and coordination case of the occurrence of a major disaster, as ‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.— with the Federal Financial Institutions Ex- defined in section 102 of the Robert T. Staf- Participation in State-sponsored mediation amination Council) shall, by regulation, re- ford Disaster Relief and Emergency Assist- shall not alter, change, or modify the origi- quire regulated lending institutions, as a ance Act (42 U.S.C. 5122) that may have re- nal exclusive jurisdiction of United States condition of making, increasing, extending, sulted in flood damage under the flood insur- courts, as set forth in this Act. or renewing any loan secured by property lo- ance program established under this chapter ‘‘(h) COST LIMITATION.—Nothing in this sec- cated in an area within the 500-year flood- and other personal lines residential property tion shall be construed to require the Direc- plain, to notify the purchaser or lessee (or insurance coverage offered by a State regu- tor or a representative of the Director to pay obtain satisfactory assurances that the sell- lated insurer, upon request made by the in- additional mediation fees relating to flood er or lessor has notified the purchaser or les- surance commissioner of a State (or such insurance claims associated with a State- see) and the servicer of the loan that such other official responsible for regulating the sponsored mediation program in which such property is located in an area within the 500- business of insurance in the State) for the representative of the Director participates. year floodplain, in a manner that is con- participation of representatives of the Direc- ‘‘(i) EXCEPTION.—In the case of the occur- sistent with and substantially identical to tor in a program sponsored by such State for rence of a major disaster that results in the notice required under section 1364(a)(1) of nonbinding mediation of insurance claims flood damage claims under the national flood the National Flood Insurance Act of 1968 (42 resulting from a major disaster, the Director insurance program and that does not result U.S.C. 4104a(a)(1)). shall cause representatives of the flood in- in any loss covered by a personal lines resi- (B) FEDERAL OR STATE AGENCY LENDERS.— surance program to participate in such a dential property insurance policy— Each Federal or State agency lender shall, State program where claims under the flood ‘‘(1) this section shall not apply; and by regulation, require notification in the insurance program are involved to expedite ‘‘(2) the provisions of the standard flood in- same manner as provided under subpara- settlement of flood damage claims resulting surance policy under the national flood in- graph (A) with respect to any loan that is from such disaster. surance program and the appeals process es- ‘‘(b) EXTENT OF PARTICIPATION.—In satis- made by a Federal or State agency lender tablished under section 205 of the Bunning- fying the requirements of subsection (a), the and secured by property located in an area Bereuter-Blumenauer Flood Insurance Re- Director shall require that each representa- within the 500-year floodplain. form Act of 2004 (42 U.S.C. 4011 note) and the tive of the Director— (C) PENALTY FOR NONCOMPLIANCE.—Any regulations issued pursuant to such section ‘‘(1) be certified for purposes of the flood regulated lending institution or Federal or shall apply exclusively. insurance program to settle claims against State agency lender that fails to comply ‘‘(j) REPRESENTATIVES OF THE DIRECTOR.— such program resulting from such disaster in with the notice requirements established by For purposes of this section, the term ‘rep- amounts up to the limits of policies under this paragraph shall be subject to the pen- resentatives of the Director’ means rep- such program; alties prescribed under section 102(f)(5) of the resentatives of the national flood insurance ‘‘(2) attend State-sponsored mediation Flood Disaster Protection Act of 1973 (42 program who participate in the appeals proc- meetings regarding flood insurance claims U.S.C. 4012a(f)(5)). ess established under section 205 of the resulting from such disaster at such times Bunning-Bereuter-Blumenauer Flood Insur- SEC. 124. NOTICE OF FLOOD INSURANCE AVAIL- and places as may be arranged by the State; ance Reform Act of 2004 (42 U.S.C. 4011 ABILITY UNDER RESPA. ‘‘(3) participate in good faith negotiations note).’’. Section 5(b) of the Real Estate Settlement toward the settlement of such claims with Procedures Act of 1974 (12 U.S.C. 2604(b)) is SEC. 127. REITERATION OF FEMA RESPONSIBIL- policyholders of coverage made available ITIES UNDER THE 2004 REFORM ACT. amended— under the flood insurance program; and (a) MINIMUM TRAINING AND EDUCATION RE- (1) in paragraph (4), by striking ‘‘; and’’ and ‘‘(4) finalize the settlement of such claims QUIREMENTS.—The Director shall continue to inserting a semicolon; on behalf of the flood insurance program work with the insurance industry, State in- (2) in paragraph (5), by striking the period with such policyholders. surance regulators, and other interested par- and inserting ‘‘; and’’; and ‘‘(c) COORDINATION.—Representatives of the ties to implement the minimum training and (3) by adding at the end the following: Director shall at all times coordinate their education standards for all insurance agents ‘‘(6) an explanation of flood insurance and activities with insurance officials of the who sell flood insurance policies, as such the availability of flood insurance under the State and representatives of insurers for the standards were determined by the Director National Flood Insurance Program, whether purposes of consolidating and expediting set- in the notice published in the Federal Reg- or not the real estate is located in an area tlement of claims under the national flood ister on September 1, 2005 (70 Fed. Reg. 52117) having special flood hazards.’’. insurance program resulting from such dis- pursuant to section 207 of the Bunning-Be- SEC. 125. TESTING OF NEW FLOODPROOFING aster. reuter-Blumenauer Flood Insurance Reform TECHNOLOGIES. ‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each Act of 2004 (42 U.S.C. 4011 note). (a) PERMISSIBLE TESTING.—A temporary State mediator participating in State-spon- (b) REPORT ON THE OVERALL IMPLEMENTA- residential structure built for the purpose of sored mediation under this section shall be— TION OF THE REFORM ACT OF 2004.—Not later testing a new flood proofing technology, as ‘‘(1)(A) a member in good standing of the than 3 months after the date of the enact- described in subsection (b), in any State or State bar in the State in which the medi- ment of this title, the Director shall submit community that receives mitigation assist- ation is to occur with at least 2 years of a report to Congress— ance under section 1366 of the National Flood practical experience; and (1) describing the implementation of each Insurance Act of 1968 (42 U.S.C. 4104c) may ‘‘(B) an active member of such bar for at provision of the Bunning-Bereuter- not be construed to be in violation of any least 1 year prior to the year in which such Blumenauer Flood Insurance Reform Act of flood risk mitigation plan developed by that mediator’s participation is sought; or 2004 (Public Law 108–264; 118 Stat. 712); State or community and approved by the Di- ‘‘(2) a retired trial judge from any United (2) identifying each regulation, order, no- rector of the Federal Emergency Manage- States jurisdiction who was a member in tice, and other material issued by the Direc- ment Agency. good standing of the bar in the State in tor in implementing each provision of that (b) CONDITIONS ON TESTING.—Testing per- which the judge presided for at least 5 years Act; mitted under subsection (a) shall— prior to the year in which such mediator’s (3) explaining any statutory or implied (1) be performed on an uninhabited residen- participation is sought. deadlines that have not been met; and tial structure; ‘‘(e) MEDIATION PROCEEDINGS AND DOCU- (4) providing an estimate of when the re- (2) require dismantling of the structure at MENTS PRIVILEGED.—As a condition of par- quirements of such missed deadlines will be the conclusion of such testing; and ticipation, all statements made and docu- fulfilled. (3) require that all costs associated with ments produced pursuant to State-sponsored SEC. 128. ADDITIONAL AUTHORITY OF FEMA TO such testing and dismantling be covered by mediation involving representatives of the COLLECT INFORMATION ON CLAIMS the individual or entity conducting the test- Director shall be deemed privileged and con- PAYMENTS. ing, or on whose behalf the testing is confidential settlement negotiations made in (a) IN GENERAL.—The Director shall col- ducted. anticipation of litigation. lect, from property and casualty insurance

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3829 companies that are authorized by the Direc- ticipating in the Write Your Own program (2) by striking subsection (l). tor to participate in the Write Your Own for their expenses (including their operating (b) REPORT TO CONGRESS ON IMPLEMENTA- program any information and data needed to and administrative expenses for adjustment TION STATUS.—Not later than 6 months after determine the accuracy of the resolution of of claims) in selling, writing, and servicing the date of enactment of this title, the Di- flood claims filed on any property insured standard flood insurance policies, including rector shall report to the Committee on with a standard flood insurance policy ob- how such companies shall be reimbursed in Banking, Housing, and Urban Affairs of the tained under the program that was subject both catastrophic and non-catastrophic Senate and the Committee on Financial to a flood. years. Such reimbursements shall be struc- Services of the House of Representatives on (b) TYPE OF INFORMATION TO BE COL- tured to ensure reimbursements track the the status of the implementation of the pilot LECTED.—The information and data to be col- actual expenses, including standard business program for severe repetitive loss properties lected under subsection (a) may include— costs and operating expenses, of such compa- authorized under section 1361A of the Na- (1) any adjuster estimates made as a result nies as close as practicably possible. tional Flood Insurance Act of 1968 (42 U.S.C. of flood damage, and if the insurance com- (e) REPORT OF THE DIRECTOR.—Not later 4102a). pany also insures the property for wind dam- than 60 days after the effective date of any (c) RULEMAKING.—No later than 90 days age— final rule established pursuant to subsection after the date of enactment of this title, the (A) any adjuster estimates for both wind (b) or subsection (d), the Director shall sub- Director shall issue final rules to carry out and flood damage; mit to the Committee on Banking, Housing, the severe repetitive loss pilot program au- (B) the amount paid to the property owner and Urban Affairs of the Senate and the thorized under section 1361A of the National for wind and flood claims; Committee on Financial Services of the Flood Insurance Act of 1968 (42 U.S.C. 4102a). House of Representatives a report con- (C) the total amount paid to the policy- SEC. 131. FLOOD INSURANCE ADVOCATE. holder for damages as a result of the event taining— (1) the specific rationale and purposes of Chapter II of the National Flood Insurance that caused the flooding and other losses; Act of 1968 is amended by inserting after sec- (2) any amounts paid to the policyholder such rule; (2) the reasons for the adoption of the poli- tion 1330 (42 U.S.C. 4041) the following new by the insurance company for damages to section: the insured property other than flood dam- cies contained in such rule; and ages; and (3) the degree to which such rule accu- ‘‘SEC. 1330A. OFFICE OF THE FLOOD INSURANCE ADVOCATE. (3) the total amount paid to the policy- rately represents the true operating costs ‘‘(a) ESTABLISHMENT OF POSITION.— holder by the insurance company for all and expenses of property and casualty insur- ‘‘(1) IN GENERAL.—There shall be in the damages incurred to the insured property as ance companies participating in the Write Federal Emergency Management Agency an a result of the flood. Your Own program. (f) GAO STUDY AND REPORT ON EXPENSES OF Office of the Flood Insurance Advocate SEC. 129. EXPENSE REIMBURSEMENTS OF INSUR- which shall be headed by the National Flood ANCE COMPANIES. WYO PROGRAM.— Insurance Advocate. The National Flood In- (a) SUBMISSION OF BIENNIAL REPORTS.— (1) STUDY.—Not later than 180 days after surance Advocate shall report directly to the (1) TO THE DIRECTOR.—Not later than 20 the effective date of the final rule estab- Director and shall, to the extent amounts days after the date of enactment of this lished pursuant to subsection (d), the Comp- are provided pursuant to subsection (f), be title, each property and casualty insurance troller General of the United States shall— compensated at the same rate as the highest company that is authorized by the Director (A) conduct a study on the efficacy, ade- rate of basic pay established for the Senior to participate in the Write Your Own pro- quacy, and sufficiency of the final rules es- Executive Service under section 5382 of title gram shall submit to the Director any bien- tablished pursuant to subsections (b) and (d); 5, United States Code, or, if the Director so nial report prepared in the prior 5 years by and determines, at a rate fixed under section 9503 such company. (B) report to the Committee on Banking, of such title. (2) TO GAO.—Not later than 10 days after Housing, and Urban Affairs of the Senate and ‘‘(2) APPOINTMENT.—The National Flood In- the submission of the biennial reports under the Committee on Financial Services of the surance Advocate shall be appointed by the paragraph (1), the Director shall submit all House of Representatives on the findings of Director and the flood insurance advisory such reports to the Comptroller General of the study conducted under subparagraph (A). committee established pursuant to section the United States. (2) GAO AUTHORITY.—In conducting the 1318 and without regard to the provisions of (3) NOTICE TO CONGRESS OF FAILURE TO COM- study and report required under paragraph title 5, United States Code, relating to ap- PLY.—The Director shall notify and report to (1), the Comptroller General— pointments in the competitive service or the the Committee on Banking, Housing, and (A) may use any previous findings, studies, Senior Executive Service. Urban Affairs of the Senate and the Com- or reports that the Comptroller General pre- ‘‘(3) QUALIFICATIONS.—An individual ap- mittee on Financial Services of the House of viously completed on the Write Your Own pointed under paragraph (2) shall have— Representatives on any property and cas- program; ‘‘(A) a background in customer service as ualty insurance company participating in (B) shall determine if— well as insurance; and the Write Your Own program that failed to (i) the final rules established pursuant to ‘‘(B) experience in representing individual submit its biennial reports as required under subsections (b) and (d) allow the Federal insureds. paragraph (1). Emergency Management Agency to access (b) FEMA RULEMAKING ON EXPENSES OF adequate information regarding the actual ‘‘(4) RESTRICTION ON EMPLOYMENT.—An in- WYO PROGRAM.—Not later than 180 days expenses of property and casualty insurance dividual may be appointed as the National after the date of enactment of this title, the companies participating in the Write Your Flood Insurance Advocate only if such indi- Director shall conduct a rulemaking pro- Own program; and vidual was not an officer or employee of the ceeding to devise a data collection method- (ii) the actual reimbursements paid out Federal Emergency Management Agency ology to allow the Federal Emergency Man- under the final rule established in subsection with duties relating to the national flood in- agement Agency to collect consistent infor- (d) accurately reflect the expenses reported surance program during the 2-year period mation on the expenses (including the oper- by property and casualty insurance compa- ending with such appointment and such indi- ating and administrative expenses for adjust- nies participating in the Write Your Own vidual agrees not to accept any employment ment of claims) of property and casualty in- program, including the standard business with the Federal Emergency Management surance companies participating in the costs and operating expenses of such compa- Agency for at least 2 years after ceasing to Write Your Own program for selling, writing, nies; and be the National Flood Insurance Advocate. and servicing, standard flood insurance poli- (C) shall analyze the effect of such rules on Service as an employee of the National cies. the level of participation of property and Flood Insurance Advocate shall not be taken (c) SUBMISSION OF EXPENSE REPORTS.—Not casualty insurers in the Write Your Own pro- into account in applying this paragraph. later than 60 days after the effective date of gram. ‘‘(5) STAFF.—To the extent amounts are the final rule established pursuant to sub- SEC. 130. EXTENSION OF PILOT PROGRAM FOR provided pursuant to subsection (f), the Na- section (b), each property and casualty in- MITIGATION OF SEVERE REPET- tional Flood Insurance Advocate may em- surance company participating in the Write ITIVE LOSS PROPERTIES. ploy such personnel as may be necessary to Your Own program shall submit a report to (a) IN GENERAL.—Section 1361A of the Na- carry out the duties of the Office. the Director that details for the prior 5 years tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(b) FUNCTIONS OF OFFICE.— the expense levels of each such company for 4102a) is amended— ‘‘(1) IN GENERAL.—It shall be the function selling, writing, and servicing standard flood (1) in subsection (k)(1)— of the Office of the Flood Insurance Advocate insurance policies based on the methodolo- (A) in the first sentence, by striking ‘‘in to— gies established under subsection (b). each of fiscal years 2005, 2006, 2007, 2008, and ‘‘(A) assist insureds under the national (d) FEMA RULEMAKING ON REIMBURSEMENT 2009’’ and inserting ‘‘in each fiscal year flood insurance program in resolving prob- OF EXPENSES UNDER THE WYO PROGRAM.— through fiscal year 2013’’; and lems with the Federal Emergency Manage- Not later than 15 months after the date of (B) by adding at the end the following new ment Agency relating to such program; enactment of this title, the Director shall sentence: ‘‘For fiscal years 2008 through the ‘‘(B) identify areas in which such insureds conduct a rulemaking proceeding to formu- 2013, the total amount that the Director may have problems in dealings with the Federal late revised expense reimbursements to prop- use to provide assistance under this section Emergency Management Agency relating to erty and casualty insurance companies par- shall not exceed $240,000,000.’’; and such program;

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3830 CONGRESSIONAL RECORD — SENATE May 6, 2008 ‘‘(C) propose changes in the administrative officers and employees having duties with re- Flood Insurance Assistance Recommenda- practices of the Federal Emergency Manage- spect to the national flood insurance pro- tion may recommend to the Director that ment Agency to mitigate problems identified gram, outlining the criteria for referral of the Director, within a specified time period, under subparagraph (B); and inquiries by insureds under such program to cease any action, take any action as per- ‘‘(D) identify potential legislative, admin- regional offices of flood insurance advocates; mitted by law, or refrain from taking any ac- istrative, or regulatory changes which may ‘‘(C) ensure that the local telephone num- tion, including the payment of claims, with be appropriate to mitigate such problems. ber for each regional office of the flood in- respect to the qualified insured under any ‘‘(2) ANNUAL REPORTS.— surance advocate is published and available other provision of law which is specifically ‘‘(A) ACTIVITIES.—Not later than December to such insureds served by the office; and described by the National Flood Insurance 31 of each calendar year, the National Flood ‘‘(D) establish temporary State or local of- Advocate in such recommendation. Insurance Advocate shall report to the Com- fices where necessary to meet the needs of ‘‘(3) DIRECTOR RESPONSE.—Not later than 15 mittee on Banking, Housing, and Urban Af- qualified insureds following a flood event. days after the receipt of any Flood Insurance fairs of the Senate and the Committee on Fi- ‘‘(4) PERSONNEL ACTIONS.— Assistance Recommendation under this sub- nancial Services of the House of Representa- ‘‘(A) IN GENERAL.—The National Flood In- section, the Director shall respond in writing tives on the activities of the Office of the surance Advocate shall have the responsi- as to— Flood Insurance Advocate during the fiscal bility and authority to— ‘‘(A) whether such recommendation was year ending during such calendar year. Any ‘‘(i) appoint regional flood insurance advo- followed; such report shall contain a full and sub- cates in a manner that will provide appro- ‘‘(B) why such recommendation was or was stantive analysis of such activities, in addi- priate coverage based upon regional flood in- not followed; and tion to statistical information, and shall— surance program participation; and ‘‘(C) what, if any, additional actions were ‘‘(i) identify the initiatives the Office of ‘‘(ii) hire, evaluate, and take personnel ac- taken by the Director to prevent the hard- the Flood Insurance Advocate has taken on tions (including dismissal) with respect to ship indicated in such recommendation. improving services for insureds under the na- any employee of any regional office of a ‘‘(4) DEFINITIONS.—For purposes of this sub- tional flood insurance program and respon- flood insurance advocate described in clause section: siveness of the Federal Emergency Manage- (i). ‘‘(A) NATIONAL FLOOD INSURANCE ADVO- ment Agency with respect to such initia- ‘‘(B) CONSULTATION.—The National Flood CATE.—The term ‘National Flood Insurance tives; Insurance Advocate may consult with the Advocate’ includes any designee of the Na- ‘‘(ii) describe the nature of recommenda- appropriate supervisory personnel of the tional Flood Insurance Advocate. tions made to the Director under subsection Federal Emergency Management Agency in ‘‘(B) QUALIFIED INSURED.—The term ‘quali- (e); carrying out the National Flood Insurance fied insured’ means an insured under cov- ‘‘(iii) contain a summary of the most seri- Advocate’s responsibilities under this para- erage provided under the national flood in- ous problems encountered by such insureds, graph. surance program under this title. including a description of the nature of such ‘‘(c) RESPONSIBILITIES OF DIRECTOR.—The ‘‘(f) FUNDING.—Pursuant to section problems; Director shall establish procedures requiring 1310(a)(8), the Director may use amounts ‘‘(iv) contain an inventory of any items de- a formal response consistent with the re- from the National Flood Insurance Fund to scribed in clauses (i), (ii), and (iii) for which quirements of subsection (e)(3) to all rec- fund the activities of the Office of the Flood action has been taken and the result of such ommendations submitted to the Director by Advocate in each of fiscal years 2008 through action; the National Flood Insurance Advocate. 2013, except that the amount so used in each ‘‘(v) contain an inventory of any items de- ‘‘(d) OPERATION OF REGIONAL OFFICES.— such fiscal year may not exceed $5,000,000 scribed in clauses (i), (ii), and (iii) for which ‘‘(1) IN GENERAL.—Each regional flood in- and shall remain available until expended. action remains to be completed and the pe- surance advocate appointed pursuant to sub- Notwithstanding any other provision of this riod during which each item has remained on section (b)— title, amounts made available pursuant to such inventory; ‘‘(A) shall report to the National Flood In- this subsection shall not be subject to offset- ‘‘(vi) contain an inventory of any items de- surance Advocate or delegate thereof; ting collections through premium rates for scribed in clauses (i), (ii), and (iii) for which ‘‘(B) may consult with the appropriate su- flood insurance coverage under this title.’’. no action has been taken, the period during pervisory personnel of the Federal Emer- SEC. 132. STUDIES AND REPORTS. which each item has remained on such inven- gency Management Agency regarding the (a) REPORT ON EXPANDING THE NATIONAL tory and the reasons for the inaction; daily operation of the regional office of the FLOOD INSURANCE PROGRAM.—Not later than ‘‘(vii) identify any Flood Insurance Assist- flood insurance advocate; 1 year after the date of the enactment of this ance Recommendation which was not re- ‘‘(C) shall, at the initial meeting with any title, the Comptroller General of the United sponded to by the Director in a timely man- insured under the national flood insurance States shall conduct a study and submit a ner or was not followed, as specified under program seeking the assistance of a regional report to the Committee on Banking, Hous- subsection (e); office of the flood insurance advocate, notify ing, and Urban Affairs of the Senate and the ‘‘(viii) contain recommendations for such such insured that the flood insurance advo- Committee on Financial Services of the administrative and legislative action as may cate offices operate independently of any House of Representatives, on— be appropriate to resolve problems encoun- other Federal Emergency Management (1) the number of flood insurance policy tered by such insureds; Agency office and report directly to Congress holders currently insuring— ‘‘(ix) identify areas of the law or regula- through the National Flood Insurance Advo- (A) a residential structure up to the max- tions relating to the national flood insurance cate; and imum available coverage amount, as estab- program that impose significant compliance ‘‘(D) may, at the flood insurance advo- lished in section 61.6 of title 44, Code of Fed- burdens on such insureds or the Federal cate’s discretion, not disclose to the Director eral Regulations, of— Emergency Management Agency, including contact with, or information provided by, (i) $250,000 for the structure; and specific recommendations for remedying such insured. (ii) $100,000 for the contents of such struc- these problems; ‘‘(2) MAINTENANCE OF INDEPENDENT COMMU- ture; or ‘‘(x) identify the most litigated issues for NICATIONS.—Each regional office of the flood (B) a commercial structure up to the max- each category of such insureds, including insurance advocate shall maintain a separate imum available coverage amount, as estab- recommendations for mitigating such dis- phone, facsimile, and other electronic com- lished in section 61.6 of title 44, Code of Fed- putes; and munication access. eral Regulations, of $500,000; ‘‘(xi) include such other information as the ‘‘(e) FLOOD INSURANCE ASSISTANCE REC- (2) the increased losses the National Flood National Flood Insurance Advocate may OMMENDATIONS.— Insurance Program would have sustained deem advisable. ‘‘(1) AUTHORITY TO ISSUE.—Upon applica- during the 2004 and 2005 hurricane season if ‘‘(B) DIRECT SUBMISSION OF REPORT.—Each tion filed by a qualified insured with the Of- the National Flood Insurance Program had report required under this paragraph shall be fice of the Flood Insurance Advocate (in such insured all policyholders up to the maximum provided directly to the committees identi- form, manner, and at such time as the Direc- conforming loan limit for fiscal year 2006 of fied in subparagraph (A) without any prior tor shall by regulation prescribe), the Na- $417,000, as established under section 302(b)(2) review or comment from the Director, the tional Flood Insurance Advocate may issue a of the Federal National Mortgage Associa- Secretary of Homeland Security, or any Flood Insurance Assistance Recommenda- tion Charter Act (12 U.S.C. 1717(b)(2)); other officer or employee of the Federal tion, if the Advocate finds that the qualified (3) the availability in the private market- Emergency Management Agency or the De- insured is suffering a significant hardship, place of flood insurance coverage in amounts partment of Homeland Security, or the Of- such as a significant delay in resolving that exceed the current limits of coverage fice of Management and Budget. claims where the insured is incurring signifi- amounts established in section 61.6 of title ‘‘(3) OTHER RESPONSIBILITIES.—The Na- cant costs as a result of such delay, or where 44, Code of Federal Regulations; and tional Flood Insurance Advocate shall— the insured is at risk of adverse action, in- (4) what effect, if any— ‘‘(A) monitor the coverage and geographic cluding the loss of property, as a result of (A) raising the current limits of coverage allocation of regional offices of flood insur- the manner in which the flood insurance amounts established in section 61.6 of title ance advocates; laws are being administered by the Director. 44, Code of Federal Regulations, would have ‘‘(B) develop guidance to be distributed to ‘‘(2) TERMS OF A FLOOD INSURANCE ASSIST- on the ability of private insurers to continue all Federal Emergency Management Agency ANCE RECOMMENDATION.—The terms of a providing flood insurance coverage; and

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3831 (B) reducing the current limits of coverage U.S.C. 4104), including the historical basis for (8) building codes and land use regulations amounts established in section 61.6 of title the receipt of such subsidy and whether such play an indispensable role in managing ca- 44, Code of Federal Regulations, would have subsidy has outlasted its purpose; tastrophe risks, by preventing building in on the ability of private insurers to provide (2) number and fair market value of such high risk areas and ensuring that appro- sufficient flood insurance coverage to effec- structures; priate mitigation efforts are completed tively replace the current level of flood in- (3) respective income level of each owner of where building has taken place; surance coverage being provided under the such structure; (9) several proposals have been introduced National Flood Insurance Program. (4) number of times each such structure in Congress to address the affordability and (b) REPORT OF THE DIRECTOR ON ACTIVITIES has been sold since 1968, including specific availability of natural catastrophe insurance UNDER THE NATIONAL FLOOD INSURANCE PRO- dates, sales price, and any other information across the United States, but there is no con- GRAM.— the Secretary determines appropriate; sensus on what, if any, role the Federal Gov- (1) IN GENERAL.—The Director shall, on an (5) total losses incurred by such structures ernment should play; and annual basis, submit a full report on the op- since the establishment of the National (10) an efficient and effective approach to erations, activities, budget, receipts, and ex- Flood Insurance Program compared to the assessing natural catastrophe risk manage- penditures of the National Flood Insurance total losses incurred by all structures that ment and insurance is to establish a non- Program for the preceding 12-month period are charged a nondiscounted premium rate; partisan commission to study the manage- to the Committee on Banking, Housing, and (6) total cost of foregone premiums since ment of natural catastrophe risk, and to re- Urban Affairs of the Senate and the Com- the establishment of the National Flood In- quire such commission to timely report to mittee on Financial Services of the House of surance Program, as a result of the subsidies Congress on its findings. Representatives. provided to such structures; SEC. 203. ESTABLISHMENT. (2) TIMING.—Each report required under (7) annual cost to the taxpayer, as a result There is established a nonpartisan Com- paragraph (1) shall be submitted to the com- of the subsidies provided to such structures; mission on Natural Catastrophe Risk Man- mittees described in paragraph (1) not later (8) the premium income collected and the agement and Insurance (in this title referred than 3 months following the end of each fis- losses incurred by the National Flood Insur- cal year. to as the ‘‘Commission’’). ance Program as a result of such explicitly SEC. 204. MEMBERSHIP. (3) CONTENTS.—Each report required under subsidized structures compared to the pre- paragraph (1) shall include— (a) APPOINTMENT.—The Commission shall mium income collected and the losses in- (A) the current financial condition and in- be composed of 16 members, of whom— curred by such Program as result of struc- come statement of the National Flood Insur- (1) 2 members shall be appointed by the tures that are charged a nondiscounted pre- ance Fund established under section 1310 of majority leader of the Senate; mium rate, on a State-by-State basis; and the National Flood Insurance Act of 1968 (42 (2) 2 members shall be appointed by the mi- (9) the most efficient way to eliminate the U.S.C. 4017), including— nority leader of the Senate; subsidy to such structures. (i) premiums paid into such Fund; (3) 2 members shall be appointed by the (d) GAO REVIEW OF FEMA CONTRACTORS.— Speaker of the House of Representatives; (ii) policy claims against such Fund; and The Comptroller General of the United (4) 2 members shall be appointed by the mi- (iii) expenses in administering such Fund; States, in conjunction with the Department nority leader of the House of Representa- (B) the number and face value of all poli- of Homeland Security’s Inspectors general tives; cies issued under the National Flood Insur- Office, shall— (5) 2 members shall be appointed by the ance Program that are in force; (1) conduct a review of the 3 largest con- Chairman of the Committee on Banking, (C) a description and summary of the tractors the Director uses in administering Housing, and Urban Affairs of the Senate; losses attributable to repetitive loss struc- the National Flood Insurance Program; and (6) 2 members shall be appointed by the tures; (2) not later than 18 months after the date Ranking Member of the Committee on Bank- (D) a description and summary of all losses of enactment of this title, submit a report on ing, Housing, and Urban Affairs of the Sen- incurred by the National Flood Insurance the findings of such review to the Director, ate; Program due to— the Committee on Banking, Housing, and (7) 2 members shall be appointed by the (i) hurricane related damage; and Urban Affairs of the Senate, and the Com- Chairman of the Committee on Financial (ii) nonhurricane related damage; mittee on Financial Services of the House of Services of the House of Representatives; (E) the amounts made available by the Di- Representatives. rector for mitigation assistance under sec- and TITLE II—COMMISSION ON NATURAL CA- tion 1366(e)(5) of the National Flood Insur- (8) 2 members shall be appointed by the TASTROPHE RISK MANAGEMENT AND ance Act of 1968 (42 U.S.C. 4104c(e)(5)) for the Ranking Member of the Committee on Fi- INSURANCE purchase of properties substantially dam- nancial Services of the House of Representa- aged by flood for that fiscal year, and the ac- SEC. 201. SHORT TITLE. tives. tual number of flood damaged properties pur- This title may be cited as the ‘‘Commis- (b) QUALIFICATION OF MEMBERS.— chased and the total cost expended to pur- sion on Natural Catastrophe Risk Manage- (1) IN GENERAL.—Members of the Commis- chase such properties; ment and Insurance Act of 2008’’. sion shall be appointed under subsection (a) (F) the estimate of the Director as to the SEC. 202. FINDINGS. from among persons who— average historical loss year, and the basis for Congress finds that— (A) have expertise in insurance, reinsur- that estimate; (1) Hurricanes Katrina, Rita, and Wilma, ance, insurance regulation, policyholder con- (G) the estimate of the Director as to the which struck the United States in 2005, cerns, emergency management, risk manage- maximum amount of claims that the Na- caused, by some estimates, in excess of ment, public finance, financial markets, ac- tional Flood Insurance Program would have $200,000,000,000 in total economic losses; tuarial analysis, flood mapping and plan- to expend in the event of a catastrophic (2) many meteorologists predict that the ning, structural engineering, building stand- year; United States is in a period of increased hur- ards, land use planning, natural catas- (H) the average— ricane activity; trophes, meteorology, seismology, environ- (i) amount of insurance carried per flood (3) the Federal Government and State gov- mental issues, or other pertinent qualifica- insurance policy; ernments have provided billions of dollars to tions or experience; and (ii) premium per flood insurance policy; pay for losses from natural catastrophes, in- (B) are not officers or employees of the and cluding hurricanes, earthquakes, volcanic United States Government or of any State (iii) loss per flood insurance policy; and eruptions, tsunamis, tornados, flooding, government. (I) the number of claims involving damages wildfires, droughts, and other natural catas- (2) DIVERSITY.—In making appointments to in excess of the maximum amount of flood trophes; the Commission— insurance available under the National Flood (4) many Americans are finding it increas- (A) every effort shall be made to ensure Insurance Program and the sum of the ingly difficult to obtain and afford property that the members are representative of a amount of all damages in excess of such and casualty insurance coverage; broad cross section of perspectives within amount. (5) some insurers are not renewing insur- the United States; and (c) GAO STUDY ON PRE-FIRM STRUC- ance policies, are excluding certain risks, (B) each member of Congress described in TURES.—Not later than 1 year after the date such as wind damage, and are increasing subsection (a) shall appoint not more than 1 of the enactment of this title, the Comp- rates and deductibles in some markets; person from any single primary area of ex- troller General of the United States shall (6) the inability of property and business pertise described in paragraph (1)(A) of this conduct a study and submit a report to the owners in vulnerable areas to obtain and af- subsection. Committee on Banking, Housing, and Urban ford property and casualty insurance cov- (c) PERIOD OF APPOINTMENT.— Affairs of the Senate and the Committee on erage endangers the national economy and (1) IN GENERAL.—Each member of the Com- Financial Services of the House of Rep- public health and safety; mission shall be appointed for the duration resentatives, on the— (7) almost every State in the United States of the Commission. (1) composition of the remaining pre-FIRM is at risk of a natural catastrophe, including (2) VACANCIES.—A vacancy on the Commis- structures that are explicitly receiving dis- hurricanes, earthquakes, volcanic eruptions, sion shall not affect its powers, but shall be counted premium rates under section 1307 of tsunamis, tornados, flooding, wildfires, filled in the same manner as the original ap- the National Flood Insurance Act of 1968 (42 droughts, and other natural catastrophes; pointment.

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(d) QUORUM.— ing the likelihood of insolvency following a the Commission may, if authorized by the (1) MAJORITY.—A majority of the members natural catastrophe, the concentration of Commission, take any action which the of the Commission shall constitute a risks within such funds, the reliance on post- Commission is authorized to take by this quorum, but a lesser number, as determined event assessments and State funding, and title. by the Commission, may hold hearings. the adequacy of rates; (c) OBTAINING OFFICIAL DATA.— (2) APPROVAL ACTIONS.—All recommenda- (12) the role that innovation in financial (1) AUTHORITY.—Notwithstanding any pro- tions and reports of the Commission required services could play in improving the afford- vision of section 552a of title 5, United States by this title shall be approved only by a ma- ability and availability of natural catas- Code, the Commission may secure directly jority vote of all of the members of the Com- trophe insurance, specifically addressing from any department or agency of the mission. measures that would foster the development United States any information necessary to (e) CHAIRPERSON.—The Commission shall, of financial products designed to cover nat- enable the Commission to carry out this by majority vote of all of the members, se- ural catastrophe risk, such as risked-linked title. lect 1 member to serve as the Chairperson of securities; (2) PROCEDURE.—Upon request of the Chair- the Commission (in this title referred to as (13) the need for strengthened land use reg- person, the head of such department or agen- the ‘‘Chairperson’’). ulations and building codes in States at high cy shall furnish to the Commission the infor- (f) MEETINGS.—The Commission shall meet risk for natural catastrophes, and methods mation requested. at the call of its Chairperson or a majority of to strengthen the risk assessment and en- (d) POSTAL SERVICES.—The Commission the members. forcement of structural mitigation and vul- may use the United States mails in the same manner and under the same conditions as SEC. 205. DUTIES OF THE COMMISSION. nerability reduction measures, such as zon- other departments and agencies of the Fed- The Commission shall examine the risks ing and building code compliance; (14) the benefits and costs of proposed Fed- eral Government. posed to the United States by natural catas- (e) ADMINISTRATIVE SUPPORT SERVICES.— trophes, and means for mitigating those eral natural catastrophe insurance programs (including the Federal Government pro- Upon the request of the Commission, the Ad- risks and for paying for losses caused by nat- ministrator of General Services shall provide ural catastrophes, including assessing— viding reinsurance to State catastrophe funds, private insurers, or other entities), to the Commission, on a reimbursable basis, (1) the condition of the property and cas- any administrative support services nec- ualty insurance and reinsurance markets specifically addressing the costs to taxpayers, tax equity considerations, and the essary for the Commission to carry out its prior to and in the aftermath of Hurricanes responsibilities under this title. Katrina, Rita, and Wilma in 2005, and the 4 record of other government insurance programs (particularly with regard to charging (f) ACCEPTANCE OF GIFTS.—The Commission major hurricanes that struck the United may accept, hold, administer, and utilize actuarially sound prices); States in 2004; gifts, donations, and bequests of property, (15) the ability of the United States private (2) the current condition of, as well as the both real and personal, for the purposes of insurance market— outlook for, the availability and afford- aiding or facilitating the work of the Com- (A) to cover insured losses caused by nat- ability of insurance in all regions of the mission. The Commission shall issue inter- ural catastrophes, including an estimate of country; nal guidelines governing the receipt of dona- the maximum amount of insured losses that (3) the current ability of States, commu- tions of services or property. could be sustained during a single year and nities, and individuals to mitigate their nat- (g) VOLUNTEER SERVICES.—Notwith- ural catastrophe risks, including the afford- the probability of natural catastrophes oc- standing the provisions of section 1342 of ability and feasibility of such activities; curring in a single year that would inflict title 31, United States Code, the Commission (4) the ongoing exposure of the United more insured losses than the United States may accept and utilize the services of volun- States to natural catastrophes, including insurance and reinsurance markets could teers serving without compensation. The hurricanes, earthquakes, volcanic eruptions, sustain; and Commission may reimburse such volunteers tsunamis, tornados, flooding, wildfires, (B) to recover after covering substantial for local travel and office supplies, and for droughts, and other natural catastrophes; insured losses caused by natural catas- other travel expenses, including per diem in (5) the catastrophic insurance and reinsur- trophes; lieu of subsistence, as authorized by section ance markets and the relevant practices in (16) the impact that demographic trends 5703 of title 5, United States Code. providing insurance protection to different could have on the amount of insured losses (h) FEDERAL PROPERTY AND ADMINISTRA- sectors of the American population; inflicted by future natural catastrophes; TIVE SERVICES ACT OF 1949.—Subject to the (6) implementation of a catastrophic insur- (17) the appropriate role, if any, for the Federal Property and Administrative Serv- ance system that can resolve key obstacles Federal Government in stabilizing the prop- ices Act of 1949, the Commission may enter currently impeding broader implementation erty and casualty insurance and reinsurance into contracts with Federal and State agen- of catastrophic risk management and financ- markets; and cies, private firms, institutions, and individ- ing with insurance; (18) the role of the Federal, State, and uals for the conduct of activities necessary (7) the financial feasibility and sustain- local governments in providing incentives to the discharge of its duties and responsibil- ability of a national, regional, or other pool- for feasible risk mitigation efforts. ities. (i) LIMITATION ON CONTRACTS.—A contract ing mechanism designed to provide adequate SEC. 206. REPORT. or other legal agreement entered into by the insurance coverage and increased under- (a) IN GENERAL.—Not later than 9 months Commission may not extend beyond the date writing capacity to insurers and reinsurers, after the date of enactment of this title, the of the termination of the Commission. including private-public partnerships to in- Commission shall submit to the Committee on Banking, Housing, and Urban Affairs of crease insurance capacity in constrained SEC. 208. COMMISSION PERSONNEL MATTERS. the Senate and the Committee on Financial (a) TRAVEL EXPENSES.—The members of markets; Services of the House of Representatives a the Commission shall be allowed travel ex- (8) methods to promote public insurance final report containing— penses, including per diem in lieu of subsist- policies to reduce losses caused by natural (1) a detailed statement of the findings and ence, at rates authorized for employees of catastrophes in the uninsured sectors of the assessments conducted by the Commission agencies under subchapter I of chapter 57 of American population; pursuant to section 205; and title 5, United States Code, while away from (9) approaches for implementing a public (2) any recommendations for legislative, their homes or regular places of business in or private insurance scheme for low-income regulatory, administrative, or other actions the performance of services for the Commis- communities, in order to promote risk re- at the Federal, State, or local levels that the sion. duction and insurance coverage in such com- Commission considers appropriate, in ac- (b) SUBCOMMITTEES.—The Commission may munities; cordance with the requirements of section establish subcommittees and appoint mem- (10) the impact of Federal and State laws, 205. bers of the Commission to such subcommit- regulations, and policies (including rate reg- (b) EXTENSION OF TIME.—The Commission tees as the Commission considers appro- ulation, market access requirements, rein- may request Congress to extend the period of priate. surance regulations, accounting and tax poli- time for the submission of the report re- (c) STAFF.—Subject to such policies as the cies, State residual markets, and State ca- quired under subsection (a) for an additional Commission may prescribe, the Chairperson tastrophe funds) on— 3 months. may appoint and fix the pay of such addi- (A) the affordability and availability of ca- SEC. 207. POWERS OF THE COMMISSION. tional personnel as the Chairperson con- tastrophe insurance; (a) MEETINGS; HEARINGS.—The Commission siders appropriate to carry out the duties of (B) the capacity of the private insurance may hold such hearings, sit and act at such the Commission. The Commission shall con- market to cover losses inflicted by natural times and places, take such testimony, and firm the appointment of the executive direc- catastrophes; receive such evidence as the Commission tor by majority vote of all of the members of (C) the commercial and residential devel- considers necessary to carry out the pur- the Commission. opment of high-risk areas; and poses of this title. Members may attend (d) APPLICABILITY OF CERTAIN CIVIL SERV- (D) the costs of natural catastrophes to meetings of the Commission and vote in per- ICE LAWS.—Staff of the Commission may be— Federal and State taxpayers; son, via telephone conference, or via video (1) appointed without regard to the provi- (11) the present and long-term financial conference. sions of title 5, United States Code, gov- condition of State residual markets and ca- (b) AUTHORITY OF MEMBERS OR AGENTS OF erning appointments in the competitive tastrophe funds in high-risk regions, includ- THE COMMISSION.—Any member or agent of service; and

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3833 (2) paid without regard to the provisions of Sec. 115. Management. (15) State insurance and reinsurance pro- chapter 51 and subchapter III of chapter 53 of Sec. 116. Staff; experts and consultants. grams can provide a mechanism for States to that title relating to classification and Gen- Sec. 117. Federal liability. exercise that responsibility if they appro- eral Schedule pay rates, except that an indi- Sec. 118. Authorization of appropriations. priately underwrite and price risk, and if vidual so appointed may not receive pay in TITLE II—NATIONAL HOMEOWNERS’ they pay claims quickly and within estab- excess of the annual rate of basic pay pre- INSURANCE STABILIZATION PROGRAM lished contractual terms; and scribed for GS–15 of the General Schedule Sec. 201. Establishment. (16) State insurers and reinsurers, if appro- under section 5332 of that title. Sec. 202. Liquidity loans and catastrophic priately backstopped themselves, can absorb (e) EXPERTS AND CONSULTANTS.—In car- loans for State and regional re- catastrophic risk borne by private insurers rying out its objectives, the Commission insurance programs. without bearing timing risk, and thus enable may procure temporary and intermittent Sec. 203. Reports and audits. all insurers (whether State-operated or pri- services of consultants and experts under Sec. 204. Funding. vately owned) to underwrite and price insur- section 3109(b) of title 5, United States Code, SEC. 102. FINDINGS AND PURPOSES. ance without timing risk and in such a way at rates for individuals which do not exceed (a) FINDINGS.—The Congress finds that— to encourage property owners to pay for the the daily equivalent of the annual rate of (1) the United States has a history of cata- appropriate insurance to protect themselves basic pay prescribed for GS–15 of the General strophic natural disasters, including hurri- and to take steps to mitigate against the Schedule under section 5332 of that title. canes, tornadoes, flood, fire, earthquakes, risks of disaster by locally appropriate (f) DETAIL OF GOVERNMENT EMPLOYEES.— and volcanic eruptions; methods. Upon request of the Chairperson, any Fed- (2) although catastrophic natural disasters (b) PURPOSES.—The purposes of this divi- eral Government employee may be detailed occur infrequently, they will continue to sion are to establish a program to provide a to the Commission to assist in carrying out occur and are predictable; Federal backstop for State-sponsored insur- the duties of the Commission— (3) such disasters generate large economic ance programs to help homeowners prepare (1) on a reimbursable basis; and losses and a major component of those losses for and recover from the damages caused by (2) such detail shall be without interrup- comes from damage and destruction to natural catastrophes, to encourage mitigation or loss of civil service status or privi- homes; tion and prevention for such catastrophes, to lege. (4) for the majority of Americans, their in- promote the use of private market capital as vestment in their home represents their sin- a means to insure against such catastrophes, SEC. 209. TERMINATION. to expedite the payment of claims and better The Commission shall terminate 90 days gle biggest asset and the protection of that investment is paramount to economic and assist in the financial recovery from such ca- after the date on which the Commission sub- social stability; tastrophes. mits its report under section 206. (5) historically, when a natural disaster SEC. 103. QUALIFIED REINSURANCE PROGRAMS. SEC. 210. AUTHORIZATION OF APPROPRIATIONS. eclipses the ability of the private industry (a) IN GENERAL.—For purposes of this divi- There are authorized to be appropriated to and a State to manage the loss, the Federal sion only, a program shall be considered to the Commission, such sums as may be nec- Government has stepped in to provide the be a qualified reinsurance program if the essary to carry out this title, to remain funding and services needed for recovery; program— available until expended. (6) the cost of such Federal ‘‘bail-outs’’ are (1) is authorized by State law for the pur- borne by all taxpayers equally, as there is no poses described in this section; SA 4708. Ms. LANDRIEU submitted provision to repay the money and resources (2) is an entity in which the authorizing an amendment intended to be proposed provided, which thereby unfairly burdens State maintains a material, financial inter- by her to the bill S. 2284, to amend the citizens who live in lower risk communities; est; National Flood Insurance Act of 1968, (7) as the risk of catastrophic losses grows, (3) provides reinsurance or retrocessional to restore the financial solvency of the so do the risks that any premiums collected coverage to underlying primary insurers or flood insurance fund, and for other pur- by private insurers for extending coverage reinsurers for losses arising from all personal poses; which was ordered to lie on the will be insufficient to cover future catas- residential lines of insurance, as defined in trophes (known as timing risk), and private the Uniform Property & Casualty Product table; as follows: insurers, in an effort to protect their share- Coding Matrix published and maintained by On page 7, line 2, strike ‘‘including for—’’ holders and policyholders (in the case of mu- the National Association of Insurance Com- and all that follows through the period on tually-owned companies), have thus signifi- missioners; line 21 and insert the following: ‘‘including cantly raised premiums and curtailed insur- (4) has a governing body, a majority of for any property which is not the primary ance coverage in States exposed to major ca- whose members are public officials; residence of an individual.’’ tastrophes; (5) provides reinsurance or retrocessional (8) such effects on the insurance industry coverage to underlying primary insurers or SA 4709. Mr. NELSON of Florida (for have been harmful to economic activity in reinsurers for losses in excess of such himself, Mrs. CLINTON, Mr. MARTINEZ, States exposed to major catastrophes and amount that the Secretary has determined and Ms. LANDRIEU) submitted an have placed significant burdens on existing represents a catastrophic event in that par- amendment intended to be proposed by residents of such States; ticular State; him to the bill S. 2284, to amend the (9) Hurricanes Katrina, Rita, and Wilma (6) is authorized by a State that has in ef- National Flood Insurance Act of 1968, struck the United States in 2005, causing fect such laws, regulations, or other require- over $200,000,000,000 in total economic losses, ments, as the Secretary shall by regulation to restore the financial solvency of the and insured losses to homeowners in excess provide, that— floor insurance fund, and for other pur- of $50,000,000,000; (A) ensure, to the extent that reinsurance poses; which was ordered to lie on the (10) since 2004, the Congress has appro- coverage made available under the qualified table; as follows: priated more than $58,000,000,000 in disaster reinsurance program results in any cost sav- At the end, add the following: relief to the States affected by natural catas- ings in providing insurance coverage for DIVISION B—HOMEOWNERS’ DEFENSE trophes; risks in such State, such cost savings are re- ACT (11) the Federal Government has provided flected in premium rates charged to con- and will continue to provide resources to pay sumers for such coverage; SEC. 101. SHORT TITLE; TABLE OF CONTENTS. for losses from future catastrophes; (B) require that any new construction, sub- (a) SHORT TITLE.—This division may be (12) when Federal assistance is provided to stantial rehabilitation, and renovation in- cited as the ‘‘Homeowners’ Defense Act of the States, accountability for Federal funds sured or reinsured by the program complies 2008’’. disbursed is paramount; with applicable State or local government (b) TABLE OF CONTENTS.—The table of con- (13) the Government Accountability Office building, fire, and safety codes; tents for this division is as follows: or other appropriate agencies must have the (C) require State authorized insurance en- DIVISION B—HOMEOWNERS’ DEFENSE means in place to confirm that Federal funds tities within that State to establish an in- ACT for catastrophe relief have reached the ap- surance rate structure that takes into ac- Sec. 101. Short title; table of contents. propriate victims and have contributed to count measures to mitigate insurance losses; Sec. 102. Findings and purposes. the recovery effort as efficiently as possible (D) require State authorized insurance and Sec. 103. Qualified reinsurance programs. so that taxpayer funds are not wasted and reinsurance entities within that State to es- Sec. 104. Definitions. citizens are enabled to rebuild and resume tablish rates at a level that annually pro- Sec. 105. Regulations. productive activities as quickly as possible; duces expected premiums that shall be suffi- TITLE I—NATIONAL CATASTROPHE RISK (14) States that are recipients of Federal cient to pay the expected annualized cost of CONSORTIUM funds must be responsible to account for and all claims, loss adjustment expenses, and all Sec. 111. Establishment; status; principal of- provide an efficient means for distribution of administrative costs of reinsurance coverage fice; membership. funds to homeowners to enable the rapid re- offered; and Sec. 112. Functions. building of local economies after a cata- (E) encourage State authorized insurance Sec. 113. Powers. strophic event without unduly burdening and reinsurance entities within that State to Sec. 114. Nonprofit entity; conflicts of inter- taxpayers who live in areas seldom affected establish rates that do not involve cross-sub- est; audits. by natural disasters; sidization between any separate property

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3834 CONGRESSIONAL RECORD — SENATE May 6, 2008 and casualty lines covered under the State ized the operation of a State residual insur- (A) the Secretary of Homeland Security authorized insurance or reinsurance entity; ance market entity shall be eligible to par- and the Secretary of Commerce, or the des- and ticipate in the Consortium. ignees of such Secretaries, respectively, but (7) complies with such additional organiza- SEC. 112. FUNCTIONS. only during such times as there are fewer tional, underwriting, and financial require- The Consortium shall— than 2 States participating in the Consor- ments as the Secretary shall, by regulation, (1) work with all States, particularly those tium; and provide to carry out the purposes of this di- participating in the Consortium, to gather (B) a member from each State partici- vision. and maintain an inventory of catastrophe pating in the Consortium, who shall be ap- (b) TRANSITIONAL MECHANISMS.—For the 5- risk obligations held by State reinsurance pointed by such State. year period beginning on the date of enact- funds and State residual insurance market (b) BYLAWS.—The Board may prescribe, ment of this division, in the case of a State entities; amend, and repeal such bylaws as may be that does not have a qualified reinsurance (2) at the discretion of the affected mem- necessary for carrying out the functions of program for the State, a State residual in- bers and on a conduit basis, issue securities the Consortium. surance market entity for such State shall and other financial instruments linked to (c) COMPENSATION, ACTUAL, NECESSARY, be considered to be a qualified reinsurance the catastrophe risks insured or reinsured AND TRANSPORTATION EXPENSES.— program, but only if such State residual in- through members of the Consortium in the (1) NON-FEDERAL EMPLOYEES.—A member of surance market entity was in existence be- capital markets; the Board who is not otherwise employed by fore such date of enactment. (3) coordinate reinsurance contracts be- the Federal Government shall be entitled to (c) PRECERTIFICATION.—The Secretary shall tween participating, qualified reinsurance receive the daily equivalent of the annual establish procedures and standards for State funds and private parties; rate of basic pay payable for level IV of the and regional reinsurance programs and the (4) act as a centralized repository of State Executive Schedule under section 5315 of State residual insurance market entities de- risk information that can be accessed by pri- title 5, United States Code, as in effect from scribed in subsection (b) to apply to the Sec- vate-market participants seeking to partici- time to time, for each day (including travel retary at any time for certification (and re- pate in the transactions described in para- time) during which such member is engaged certification) as qualified reinsurance pro- graphs (2) and (3) of this section; in the actual performance of duties of the grams. (5) use a catastrophe risk database to per- Consortium. (d) REINSURANCE TO COVER EXPOSURE.— form research and analysis that encourages (2) FEDERAL EMPLOYEES.—A member of the This section may not be construed to limit standardization of the risk-linked securities Board who is an officer or employee of the or prevent any insurer from obtaining rein- market; Federal Government shall serve without ad- surance coverage for insured losses retained (6) perform any other functions, other than ditional pay (or benefits in the nature of by insurers pursuant to this section, nor assuming risk or incurring debt, that are compensation) for service as a member of the shall the obtaining of such coverage affect deemed necessary to aid in the transfer of Consortium. the calculation of the amount of any loan catastrophe risk from participating States (3) TRAVEL EXPENSES.—Members of the under this division. to private parties; and Consortium shall be entitled to receive trav- SEC. 104. DEFINITIONS. (7) submit annual reports to Congress de- el expenses, including per diem in lieu of For purposes of this division, the following scribing the activities of the Consortium for subsistence, equivalent to those set forth in definitions shall apply: the preceding year. subchapter I of chapter 57 of title 5, United (1) CEILING COVERAGE LEVEL.—The term SEC. 113. POWERS. States Code. ‘‘ceiling coverage level’’ means, with respect The Consortium— (d) QUORUM.—A majority of the Board shall to a qualified reinsurance program, the max- (1) may make and perform such contracts constitute a quorum. imum liability, under law, that could be in- and other agreements with any individual or (e) EXECUTIVE DIRECTOR.—The Board shall curred at any time by the qualified reinsur- other private or public entity however des- appoint an executive director of the Consor- ance program. ignated and wherever situated, as may be tium, on such terms as the Board may deter- (2) COMMISSION.—The term ‘‘Commission’’ necessary for carrying out the functions of mine. means the National Commission on Natural the Consortium; and SEC. 116. STAFF; EXPERTS AND CONSULTANTS. Catastrophe Preparation and Protection es- (2) shall have such other powers, other (a) STAFF.— tablished under title II. than the power to assume risk or incur debt, (1) APPOINTMENT.—The Board of the Con- (3) CONSORTIUM.—The term ‘‘Consortium’’ as may be necessary and incident to carrying sortium may appoint and terminate such means the National Catastrophic Risk Con- out this division. other staff as are necessary to enable the sortium established under title I. SEC. 114. NONPROFIT ENTITY; CONFLICTS OF IN- Consortium to perform its duties. (4) INSURED LOSS.—The term ‘‘insured loss’’ TEREST; AUDITS. (2) COMPENSATION.—The Board of the Con- means any loss insured by a qualified rein- (a) NONPROFIT ENTITY.—The Consortium sortium may fix the compensation of the ex- surance program. shall be a nonprofit entity and no part of the ecutive director and other staff. (5) QUALIFIED REINSURANCE PROGRAM.—The net earnings of the Consortium shall inure to (b) EXPERTS AND CONSULTANTS.—The Board term ‘‘qualified reinsurance program’’ means the benefit of any member, founder, contrib- shall procure the services of experts and con- a State or regional program that meets the utor, or individual. sultants as the Board considers appropriate. requirements of section 103. (b) CONFLICTS OF INTEREST.—No director, SEC. 117. FEDERAL LIABILITY. officer, or employee of the Consortium shall (6) SECRETARY.—The term ‘‘Secretary’’ The Federal Government and the Consor- in any manner, directly or indirectly, par- means the Secretary of the Treasury. tium shall not bear any liabilities arising ticipate in the deliberation upon or the de- (7) STATE.—The term ‘‘State’’ includes the from the actions of the Consortium. Partici- termination of any question affecting his or several States, the District of Columbia, the pating States shall retain all catastrophe her personal interests or the interests of any risk until the completion of a transaction Commonwealth of Puerto Rico, Guam, the Consortium, partnership, or organization in described in paragraphs (2) and (3) of section Commonwealth of the Northern Mariana Is- which he or she is directly or indirectly in- 112. lands, the United States Virgin Islands, and terested. American Samoa. (c) AUDITS.— SEC. 118. AUTHORIZATION OF APPROPRIATIONS. SEC. 105. REGULATIONS. (1) ANNUAL AUDIT.—The financial state- There are authorized to be appropriated to The Secretary shall issue such regulations ments of the Consortium shall be audited an- carry out this title $20,000,000 for each of fis- as may be necessary to carry out this divi- nually in accordance with generally accepted cal years 2009 through 2014. sion. auditing standards by independent certified TITLE II—NATIONAL HOMEOWNERS’ TITLE I—NATIONAL CATASTROPHE RISK public accountants. INSURANCE STABILIZATION PROGRAM CONSORTIUM (2) REPORTS.—The report of each annual SEC. 201. ESTABLISHMENT. SEC. 111. ESTABLISHMENT; STATUS; PRINCIPAL audit pursuant to paragraph (1) shall be in- The Secretary shall carry out a program OFFICE; MEMBERSHIP. cluded in the annual report submitted in ac- under this title to make liquidity loans and (a) ESTABLISHMENT.—There is established cordance with section 112(7). catastrophic loans under section 202 to quali- an entity to be known as the ‘‘National Ca- SEC. 115. MANAGEMENT. fied reinsurance programs to ensure the sol- tastrophe Risk Consortium’’. (a) BOARD OF DIRECTORS; MEMBERSHIP; DES- vency of such programs, to improve the (b) STATUS.—The Consortium is not a de- IGNATION OF CHAIRPERSON.— availability and affordability of home- partment, agency, or instrumentality of the (1) BOARD OF DIRECTORS.—The management owners’ insurance, to provide incentive for United States Government. of the Consortium shall be vested in a board risk transfer to the private capital and rein- (c) PRINCIPAL OFFICE.—The principal office of directors (referred to in this title as the surance markets, and to spread the risk of and place of business of the Consortium shall ‘‘Board’’) composed of not fewer than 3 mem- catastrophic financial loss resulting from be such location within the United States de- bers. natural disasters and catastrophic events. termined by the Board of Directors to be the (2) CHAIRPERSON.—The Secretary, or the SEC. 202. LIQUIDITY LOANS AND CATASTROPHIC most advantageous for carrying out the pur- designee of the Secretary, shall serve as the LOANS FOR STATE AND REGIONAL pose and functions of the Consortium. chairperson of the Board. REINSURANCE PROGRAMS. (d) MEMBERSHIP.—Any State that has es- (3) MEMBERSHIP.—The members of the (a) CONTRACTS.—The Secretary may enter tablished a reinsurance fund or has author- Board shall include— into a contract with a qualified reinsurance

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3835 program to carry out this title, as the Sec- in insured losses in a State with a qualified retary in any fiscal year pursuant to loans retary may deem appropriate. The contract reinsurance program and that such insured made under this title, such amounts shall be shall include, at a minimum, the conditions losses in such State are in excess of 150 per- available for costs (as such term is defined in for loan eligibility set forth in this section. cent of the aggregate amount of direct writ- section 502 of the Federal Credit Reform Act (b) CONDITIONS FOR LOAN ELIGIBILITY.—A ten premium for privately issued property of 1990 (2 U.S.C. 661a)) of such loans and for loan under this section may be made only to and casualty insurance, for risks located in costs of carrying out the program under this a qualified reinsurance program and only if— that State, over the calendar year preceding title for such loans. (1) before the loan is made— such event, in accordance with regulations (c) FULL TAXPAYER REPAYMENT.—The Sec- (A) the State or regional reinsurance pro- that the Secretary shall establish. retary shall require the full repayment of all gram submits to the Secretary a report set- (2) AMOUNT.—The principal amount of the loans made under this title. If the Secretary ting forth, in such form and including such loan made pursuant to an event referred to determines at any time that such full repay- information as the Secretary shall require, in paragraph (1) may not exceed the amount ment will not made, or is likely not to be how the program plans to repay the loan; by which the insured losses sustained as a re- made, the Secretary shall promptly submit a and sult of such event exceed the ceiling cov- report to the Congress explaining why such (B) based upon the report of the program, erage level for the qualified reinsurance pro- full repayment will not be made or is likely the Secretary determines that the program gram. not to be made. can meet its repayment obligation under the (3) RATE OF INTEREST.—The loan shall bear loan and certifies that the program can meet interest at an annual rate 0.20 percentage SA 4710. Mr. DEMINT submitted an such obligation; points higher than marketable obligations of amendment intended to be proposed by (2) the program cannot access capital in the United States Treasury having a term to him to the bill S. 2284, to amend the the private market, including through catas- maturity of not less than 10 years and issued trophe bonds and other securities sold National Flood Insurance Act of 1968, during the most recently completed month, to restore the financial solvency of the through the facility created in title I of this as determined by the Secretary, or such division, as determined by the Secretary, higher rate as may be necessary to ensure flood insurance fund, and for other pur- and a loan may be made to such a qualified that the amounts of interest paid under such poses; which was ordered to lie on the reinsurance program only to the extent that loans exceed the sum of the costs (as such table; as follows: such program cannot access capital in the term is defined in section 502 of the Federal On page 8, line 6, strike ‘‘and’’. private market; Credit Reform Act of 1990 (2 U.S.C. 661a)) of On page 8, line 9, strike ‘‘policy.’’.’’ and in- (3) the Secretary determines that an event such loans, the administrative costs involved sert the following: ‘‘policy; and has resulted in insured losses in a State with in carrying out a program under this title ‘‘(3) any property purchased on or after the a qualified reinsurance program; for such loans, and any incidental effects on date of enactment of the Flood Insurance Re- (4) the loan complies with the require- governmental receipts and outlays. form and Modernization Act of 2007.’’. ments under subsection (d) and or (e), as ap- (4) TERM.—The loan shall have a term to plicable; and maturity of not less than 10 years. SA 4711. Mr. DEMINT submitted an (5) the loan is afforded the full faith and (f) USE OF FUNDS.—Amounts from a loan amendment intended to be proposed by credit of the State and the State dem- under this section shall only be used to pro- him to the bill S. 2284, to amend the onstrates to the Secretary that it has the vide reinsurance or retrocessional coverage ability to repay the loans. to underlying primary insurers or reinsurers National Flood Insurance Act of 1968, (c) MANDATORY ASSISTANCE FOR QUALIFIED for losses arising from all personal real prop- to restore the financial solvency of the REINSURANCE PROGRAMS.—The Secretary erty or homeowners’ lines of insurance, as flood insurance fund, and for other pur- shall, upon the request of a qualified reinsur- defined in the Uniform Property & Casualty poses; which was ordered to lie on the ance program and subject to subsection (b), Product Coding Matrix published and main- table; as follows: make a loan under subsection (d) or (e) for tained by the National Association of Insur- At the end, add the following: such program in the amount requested by ance Commissioners. Such amounts shall not SEC. llll. REPORT ON INCLUSION OF BUILD- such program (subject to the limitations be used for any other purpose. under subsections (d)(2) and (e)(2), respec- ING CODES IN FLOODPLAIN MAN- tively). SEC. 203. REPORTS AND AUDITS. AGEMENT CRITERIA. (d) LIQUIDITY LOANS.—A loan under this The Secretary shall submit a report to the Not later than 6 months after the date of subsection for a qualified reinsurance pro- President and the Congress annually that the enactment of this Act, the Director of gram shall be subject to the following re- identifies and describes any loans made the Federal Emergency Management Agency quirements: under this title during such year and any re- shall conduct a study and submit a report to (1) PRECONDITIONS.—The Secretary shall payments during such year of loans made the Committee on Financial Services of the have determined that the qualified reinsur- under this title, and describes actions taken House of Representatives and the Committee ance program— to ensure accountability of loan funds. The on Banking, Housing, and Urban Affairs of (A) has a capital liquidity shortage, in ac- Secretary shall provide for regular audits to the Senate regarding the impact, effective- cordance with regulations that the Secretary be conducted for each loan made under this ness, and feasibility of amending section 1361 shall establish; and title, and shall make the results of such au- of the National Flood Insurance Act of 1968 (B) cannot access capital markets at effec- dits publicly available. (42 U.S.C. 4102) to include widely used and tive rates of interest lower than those pro- SEC. 204. FUNDING. nationally recognized building codes as part vided in paragraph (3). (a) PROGRAM FEE.— of the floodplain management criteria devel- (2) AMOUNT.—The principal amount of the (1) IN GENERAL.—The Secretary may estab- oped under such section, and shall deter- loan may not exceed the ceiling coverage lish and collect, from qualified reinsurance mine— level for the qualified reinsurance program. programs that are precertified pursuant to (1) the regulatory, financial, and economic (3) RATE OF INTEREST.—The loan shall bear section 103(c), a reasonable fee, as may be impacts of such a building code requirement interest at an annual rate 3 percentage necessary to offset the expenses of the Sec- on homeowners, States and local commu- points higher than marketable obligations of retary in connection with carrying out the nities, local land use policies, and the Fed- the Treasury having the same term to matu- responsibilities of the Secretary under this eral Emergency Management Agency; rity as the loan and issued during the most title, including— (2) the resources required of State and recently completed month, as determined by (A) costs of developing, implementing, and local communities to administer and enforce the Secretary, or such higher rate as may be carrying out the program under this title; such a building code requirement; necessary to ensure that the amounts of in- and (3) the effectiveness of such a building code terest paid under such loans exceed the sum (B) costs of providing for precertification requirement in reducing flood-related dam- of the costs (as such term is defined in sec- pursuant to section 103(c) of State and re- age to buildings and contents; tion 502 of the Federal Credit Reform Act of gional reinsurance programs as qualified re- (4) the impact of such a building code re- 1990 (2 U.S.C. 661a)) of such loans, the admin- insurance programs. quirement on the actuarial soundness of the istrative costs involved in carrying out a (2) ADJUSTMENT.—The Secretary may, from National Flood Insurance Program; program under this title for such loans, and time to time, adjust the fee under paragraph (5) the effectiveness of nationally recog- any incidental effects on governmental re- (1) as appropriate based on expenses of the nized codes in allowing innovative materials ceipts and outlays. Secretary referred to in such paragraph. and systems for flood-resistant construction; (4) TERM.—The loan shall have a term to (3) USE.—Any fees collected pursuant to and maturity of not less than 5 years and not this subsection shall be credited as offsetting (6) the feasibility and effectiveness of pro- more than 10 years. collections of the Department of the Treas- viding an incentive in lower premium rates (e) CATASTROPHIC LOANS.—A loan under ury and shall be available to the Secretary for flood insurance coverage under such Act this subsection for a qualified reinsurance only for expenses referred to in paragraph for structures meeting whichever of such program shall be subject to the following re- (1). widely used and nationally recognized build- quirements: (b) COSTS OF LOANS; ADMINISTRATIVE ing code or any applicable local building (1) PRECONDITIONS.—The Secretary shall COSTS.—To the extent that amounts of nega- code provides greater protection from flood have determined that an event has resulted tive credit subsidy are received by the Sec- damage.

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3836 CONGRESSIONAL RECORD — SENATE May 6, 2008 SA 4712. Mr. REID (for himself and Tuesday, May 6, 2008, at 10 a.m., in The ACTING PRESIDENT pro tem- Mr. MCCONNELL) proposed an amend- room 253 of the Russell Senate Office pore. Without objection, it is so or- ment to the bill H.R. 5493, to provide Building. dered. that the usual day for paying salaries The PRESIDING OFFICER. Without Mr. CORNYN. Mr. President, I ask in or under the House of Representa- objection, it is so ordered. unanimous consent that Kim Allen, a tives may be established by regulations COMMITTEE ON ENVIRONMENT AND PUBLIC staffer for the Republican Conference, of the Committee on House Adminis- WORKS be granted floor privileges for the re- tration; as follows: Mr. ROCKEFELLER. Mr. President, I mainder of this Congress. At the end of the bill, insert the following: ask unanimous consent that the Com- The ACTING PRESIDENT pro tem- SEC. ll. TECHNICAL AMENDMENT RELATING TO mittee on Environment and Public pore. Without objection, it is so or- SENATE PAY PERIODS. Works be authorized to meet during dered. (a) TITLE 18.—Section 207(e)(7) of title 18, the session of the Senate on Tuesday, Mr. GRASSLEY. I ask unanimous United States Code, is amended— May 6, 2008 at 10 a.m. in room 406 of the consent that David Greenwald, of my (1) in subparagraph (A), by striking ‘‘at Dirksen Senate Office Building to hold Finance Committee staff, be granted least 60 days’’ and inserting ‘‘more than 2 the privileges of the floor during the months’’; and a hearing entitled, ‘‘Perchlorate and (2) in subparagraph (B), by striking ‘‘at TCE in Water.’’ month of May. least 60 days’’ and inserting ‘‘more than 2 The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- months’’. objection, it is so ordered. pore. Without objection, it is so or- (b) SENATE RULES.—Paragraph 9(c) of rule COMMITTEE ON FINANCE dered. XXXVII of the Standing Rules of the Senate Mr. ROCKEFELLER. Mr. President, I Mr. REID. Mr. President, I ask unan- is amended by striking ‘‘more than 60 days ask unanimous consent that the Com- imous consent that Maria Honeycutt, a in a calendar year’’ and inserting ‘‘more Congressional Science Fellow in the of- than 2 months, in the aggregate, during the mittee on Finance be authorized to meet during the session of the Senate fice of Senator BILL NELSON, be grant- 1-year period before that former officer’s or ed floor privileges for the duration of employee’s service as such officer or em- on Tuesday, May 6, 2008, at 10 a.m., in ployee was terminated’’. room 215 of the Dirksen Senate Office the Senate’s consideration of S. 2284, the Flood Insurance Reform and Mod- f Building, to conduct a hearing entitled ‘‘Seizing the New Opportunity for ernization Act. NOTICES OF HEARINGS Health Reform’’. The PRESIDING OFFICER. Without objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without RESOURCES objection, it is so ordered. f Mr. BINGAMAN. Mr. President, I COMMITTEE ON FOREIGN RELATIONS PROVIDING FOR PAYMENT OF would like to announce for the infor- Mr. ROCKEFELLER. Mr. President, I SALARIES IN OR UNDER THE mation of the Senate and the public ask unanimous consent that the Com- HOUSE OF REPRESENTATIVES that an oversight hearing has been mittee on Foreign Relations be author- Mr. REID. Mr. President, I ask unan- scheduled before the Committee on En- ized to meet during the session of the imous consent that the Rules Com- ergy and Natural Resources. The hear- Senate on Tuesday, May 6, 2008, at 2:30 mittee be discharged from further con- ing will be held on Thursday, May 15, p.m. to hold a hearing on Holocaust era sideration of H.R. 5493 and the Senate 2008, at 2:30 p.m., in room SD–366 of the insurance restitution. now proceed to its consideration. Dirksen Senate Office Building. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The purpose of this oversight hearing objection, it is so ordered. objection, it is so ordered. is to receive testimony on development SELECT COMMITTEE ON INTELLIGENCE The clerk will report the bill by title. of oil shale resources. Mr. ROCKEFELLER. Mr. President, I The assistant legislative clerk read Because of the limited time available ask unanimous consent that the Select as follows: for the hearing, witnesses may testify Committee on Intelligence be author- A bill (H.R. 5493) to provide that the usual by invitation only. However, those ized to meet during the session of the day for paying salaries in or under the House wishing to submit written testimony Senate on May 6, 2008, at 2:30 p.m. to of Representatives may be established by for the hearing record should send it to hold a hearing on the nomination of regulations of the Committee on House Ad- the Committee on Energy and Natural Michael E. Leiter to be Director of the ministration. Resources, United States Senate, National Counterterrorism Center, Of- There being no objection, the Senate Washington, DC 20510–6150, or by e-mail fice of the Director of National Intel- proceeded to consider the bill. to ligence. Mr. REID. Mr. President, the amend- [email protected]. The PRESIDING OFFICER. Without ment that I am offering on behalf of For further information, please con- objection, it is so ordered. myself and Senator MCCONNELL ad- tact Patty Beneke at 202–224–5451 or SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT dresses technical issues with respect to Gina Weinstock at 202–224–5684. AND THE COURTS the ‘‘cooling-off period’’ for senior staff COMMITTEE ON ENERGY AND NATURAL Mr. ROCKEFELLER. Mr. President, I members. RESOURCES ask unanimous consent that the Sen- Under title 18 and the Senate rules, The Committee on Energy and Nat- ate Committee on the Judiciary, Sub- staff members whose salary is above a ural Resources will hold a business committee on Administrative Over- certain threshold are prohibited from meeting on Wednesday, May 7, at 9:45 sight and the Courts, be authorized to lobbying the Senate for a period of 1 a.m., in room 366 of the Dirksen Senate meet during the session of the Senate, year. One of the reforms in S. 1, the Office Building to consider pending to conduct a hearing entitled ‘‘Policing ethics reform bill we enacted last year, bills on its shortlist of Agenda items. Lenders and Protecting Homeowners: was to broaden the scope of the ban— For further information, please con- Is Misconduct in Bankruptcy Fueling senior staff members who were pre- tact Sam Fowler at (202) 224–7571 or the Foreclosure Crisis?’’ on Tuesday, viously prohibited from lobbying indi- Rosemarie Calabro at (202) 224–5039. May 6, 2008, at 2 p.m., in room SD–226 vidual Senate offices for a year are now f of the Dirksen Senate Office Building. prohibited from lobbying the entire The PRESIDING OFFICER. Without Senate. AUTHORITY FOR COMMITTEES TO objection, it is so ordered. However, we have been made aware MEET f of an unintended consequence of the COMMITTEE ON COMMERCE, SCIENCE, AND law: some junior staff members who re- TRANSPORTATION PRIVILEGES OF THE FLOOR ceive salary bonuses over a period of 2 Mr. ROCKEFELLER. Mr. President, I Mr. CORNYN. Mr. President, I ask months are inadvertently covered by ask unanimous consent that the Com- unanimous consent that Ryan Davis, the lobbying ban, which is now even mittee on Commerce, Science, and an intern with the Republican Con- more sweeping. The Reid-McConnell Transportation be authorized to meet ference, be granted floor privileges for amendment addresses this problem by during the session of the Senate on the remainder of the month. providing that a staff member whose

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE May 6, 2008 CONGRESSIONAL RECORD — SENATE S3837 salary is above the threshold for only 2 The PRESIDING OFFICER. The Resolved, That the Senate congratulates months will not be covered by the ban, clerk will report the resolution by the State of Minnesota on its 150th anniver- even if those 2 months—for example, title. sary and the contributions it continues to July and August—have an aggregate of The assistant legislative clerk read make to America’s economy and heritage. more than 60 days. as follows: f Our amendment also makes the A resolution (S. Res. 552) recognizing the CONGRATULATING CHARLES criminal law and Senate Rule XXXVII 150th anniversary of the State of Minnesota. COUNTY, MARYLAND consistent. Both the law and the rule There being no objection, the Senate Mr. REID. Mr. President, I ask unan- will now look back over the same time proceeded to consider the resolution. imous consent that we proceed now to period, i.e., 1 year before an employee’s Mr. REID. Mr. President, I ask unan- S. Res. 553. termination, and the threshold will be imous consent that the resolution be The PRESIDING OFFICER. The the same, i.e., more than 2 months. agreed to, the preamble be agreed to, clerk will report the resolution by Post-employment restrictions will thus and the motions to reconsider be laid title. be clearer to staff and the public, as upon the table. The assistant legislative clerk read well as easier to administer. The PRESIDING OFFICER. Without as follows: Under 2 U.S.C. 60c–1, Members, offi- objection, it is so ordered. A resolution (S. Res. 553) congratulating cers, and employees of the Senate are The resolution (S. Res. 552) was Charles County, Maryland, on the occasion paid on a semimonthly basis: gen- agreed to. of its 350th anniversary. erally, the 20th of every month for the The preamble was agreed to. The PRESIDING OFFICER. There period of the 1st through the 15th and The resolution, with its preamble, being no objection, the Senate pro- the 5th of the succeeding month for the reads as follows: ceeded to consider the resolution. period of the 16th through the end of S. RES. 552 Mr. REID. I ask unanimous consent the month. Thus, the language ‘‘two Whereas Minnesota was established as a that the resolution be agreed to, the months’’ is intended and shall mean in territory on March 2, 1849, and became the preamble be agreed to, the motions to the Senate equal to four pay periods. If 32nd State on May 11, 1858; reconsider be laid upon the table, that an employee were to be paid above the Whereas Minnesota is also known as the there be no intervening action or de- threshold amount for more than four ‘‘Gopher State’’, the ‘‘North Star State’’, and bate, and that any statements relating pay periods, for example, for four and the ‘‘Land of 10,000 Lakes’’; Whereas Minnesota’s name comes from the to this matter be printed in the any part of a fifth pay period, he or she RECORD. would be covered by the restrictions of Dakota word ‘‘minesota’’, meaning ‘‘water that reflects the sky’’, and Native Americans The PRESIDING OFFICER. Without both the law and the rule. continue to play a defining role in Min- objection, it is so ordered. Mr. President, the amendment is at nesota’s proud heritage; The resolution (S. Res. 553) was the desk, and I ask unanimous consent Whereas the cities of Minneapolis and St. agreed to. that the amendment be considered and Paul were established after the completion The preamble was agreed to. agreed to, the bill, as amended, be read of nearby Fort Snelling, a frontier outpost The resolution, with its preamble, a third time and passed, and the mo- and training center for Civil War soldiers; reads as follows: Whereas more than 338,000,000 tons of Min- tions to reconsider be laid upon the S. RES. 553 table; that any statements relating to nesota iron ore were shipped between 1940 and 1945 that contributed to the United Whereas 2008 marks the 350th anniversary this matter be printed in the RECORD. States military victory in World War II, and of the establishment of Charles County, The PRESIDING OFFICER. Without an additional 648,000,000 tons of iron ore were Maryland, a historic and memorable event objection, it is so ordered. shipped between 1945 and 1955 that boosted that will be commemorated throughout the The amendment (No. 4712) was agreed post-war economic expansion in the United year; to, as follows: States; Whereas Charles County was chartered in (Purpose: To propose a technical amendment Whereas, in 1889, the Saint Mary’s Hos- 1658 and named after Charles Calvert, a royal relating to Senate pay periods) pital, now known as the Mayo Clinic, opened proprietor of the colony of Maryland; its doors to patients in Rochester, Min- Whereas citizens of Charles County have At the end of the bill, insert the following: nesota, and is now known worldwide for its played an important role in the history of SEC. ll. TECHNICAL AMENDMENT RELATING TO cutting-edge care; Maryland and our Nation, including Thomas SENATE PAY PERIODS. Whereas Minnesota continues to be a lead- Stone, whose home is maintained by the Na- (a) TITLE 18.—Section 207(e)(7) of title 18, er in innovation and is currently home to tional Park Service in Port Tobacco and who United States Code, is amended— more than 35 Fortune 500 companies; served as a Continental Congressman, a (1) in subparagraph (A), by striking ‘‘at Whereas Minnesota houses over 30 institu- framer of the Articles of Confederation, and least 60 days’’ and inserting ‘‘more than 2 tions of higher education, including the Uni- a signer of the Declaration of Independence; months’’; and versity of Minnesota, a world-class research Whereas, under the Articles of Confed- (2) in subparagraph (B), by striking ‘‘at university where the first open heart surgery eration, John Hanson, born in Port Tobacco, least 60 days’’ and inserting ‘‘more than 2 and first bone marrow transplant were per- served as the President of the United States months’’. formed in the United States; in Congress Assembled; (b) SENATE RULES.—Paragraph 9(c) of rule Whereas farmland spans over half of Min- Whereas Josiah Henson escaped slavery XXXVII of the Standing Rules of the Senate nesota’s 54,000,000 acres and the agriculture and fled from Charles County to Canada, is amended by striking ‘‘more than 60 days industry is Minnesota’s 2nd largest job mar- where he wrote his autobiography, a nar- in a calendar year’’ and inserting ‘‘more ket, employing nearly 80,000 farmers; rative that later inspired Harriet Beecher than 2 months, in the aggregate, during the Whereas Minnesota is the Nation’s number Stowe’s famous novel ‘‘Uncle Tom’s Cabin’’; 1-year period before that former officer’s or one producer of sugarbeets and turkeys; Whereas Josiah Henson’s grandnephew, employee’s service as such officer or em- Whereas Minnesota is a national leader in Matthew Henson, left Charles County farm- ployee was terminated’’. the production and use of renewable energy, land to become an arctic explorer, venturing The amendment was ordered to be which helps our Nation reduce its depend- to the North Pole and going on to receive engrossed and the bill to be read a ency on foreign sources of oil; international acclaim; third time. Whereas the Mall of America located in Whereas, following the Civil War, the The bill was read the third time. Bloomington, Minnesota, is the Nation’s house of Dr. Samuel A. Mudd in Waldorf was largest retail and entertainment complex, where John Wilkes Booth stopped to have The bill (H.R. 5493), as amended, was spanning 9,500,000 square feet and providing Dr. Mudd reset his leg, broken after he fa- passed. more than 11,000 jobs; tally shot President Abraham Lincoln and f Whereas Minnesota has 90,000 miles of lake jumped off the balcony of Ford’s Theater in and river shoreline, which includes the coast Washington, DC; RECOGNIZING THE 150TH ANNIVER- of Lake Superior, the largest of North Amer- Whereas today Charles County has roughly SARY OF THE STATE OF MIN- ica’s Great Lakes; 120,000 residents; NESOTA Whereas the Minneapolis-St. Paul area is Whereas, while farming and small town life nationally recognized for its parks, muse- still flourish, particularly along the banks of Mr. REID. Mr. President, I ask unan- ums, and cultural events; and the Potomac River, the population of the imous consent that the Senate now Whereas the people of Minnesota have a county is growing; and proceed to the consideration of S. Res. timeless reputation of compassion, strength, Whereas the county is home to workers in 552. and determination: Now, therefore, be it the National Capital region as well as the

VerDate Aug 31 2005 06:37 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S06MY8.REC S06MY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3838 CONGRESSIONAL RECORD — SENATE May 6, 2008 county’s largest employer, a Department of The proposed Treaty contains a com- unanimous consent asked immediately Defense Energetics Center, the Indian Head prehensive provision designed to pre- upon coming in so we can start legis- Division, Naval Surface Warfare Center: vent so-called treaty shopping. The ex- lating on this matter. Now, therefore, be it isting Treaty contains no such protec- Resolved, That the Senate— f (a) commends and congratulates Charles tions, resulting in substantial abuse of County, Maryland, on the occasion of its the existing Treaty’s provisions by 350th anniversary; and third-country investors. The proposed ADJOURNMENT UNTIL 9:30 A.M. (b) requests the Secretary of the Senate to Treaty also reflects changes to U.S. TOMORROW transmit an enrolled copy of this resolution and Icelandic law and tax treaty policy Mr. REID. Mr. President, if there is to the Charles County Anniversary Com- mittee as an expression of the Senate’s best since 1975. no further business to come before the wishes for a glorious year of celebration. I recommend that the Senate give Senate tonight, I ask unanimous consent that it stand adjourned under the f early and favorable consideration to the proposed Treaty and give its advice previous order. REMOVAL OF INJUNCTION OF SE- and consent to ratification. There being no objection, the Senate, CRECY—TREATY DOCUMENT NO. GEORGE W. BUSH. at 7:12 p.m., adjourned until Wednes- 110–17 THE WHITE HOUSE, May 6, 2008. day, May 7, 2008, at 9:30 a.m. Mr. REID. Mr. President, as in execu- f tive session, I ask unanimous consent f that the injunction of secrecy be re- ORDERS FOR WEDNESDAY, MAY 7, moved from the following treaty trans- 2008 NOMINATIONS mitted to the Senate on May 6 of this Mr. REID. Mr. President, I ask unan- Executive nominations received by year by the President of the United imous consent that when the Senate the Senate: States: completes its business today, it stand SECURITIES AND EXCHANGE COMMISSION Tax Convention with Iceland (Treaty adjourned until 9:30 a.m. tomorrow; TROY A. PAREDES, OF MISSOURI, TO BE A MEMBER OF Document No. 110–17). that following the prayer and the THE SECURITIES AND EXCHANGE COMMISSION FOR A I further ask that the treaty be con- TERM EXPIRING JUNE 5, 2013, VICE PAUL S. ATKINS, RE- pledge, the Journal of proceedings be SIGNED. sidered as having been read the first approved to date, the morning hour be time; that it be referred, with the ac- FEDERAL ELECTION COMMISSION deemed expired, the time of the two companying papers, to the Committee CYNTHIA L. BAUERLY, OF MINNESOTA, TO BE A MEM- leaders be reserved for their use later BER OF THE FEDERAL ELECTION COMMISSION FOR A on Foreign Relations and ordered to be in the day; that there be a period of TERM EXPIRING APRIL 30, 2011, VICE ROBERT D. printed; and that the President’s mes- LENHARD. morning business for up to 1 hour with CAROLINE C. HUNTER, OF FLORIDA, TO BE A MEMBER sage be printed in the RECORD. OF THE FEDERAL ELECTION COMMISSION FOR A TERM The PRESIDING OFFICER. Without the time equally divided and controlled EXPIRING APRIL 30, 2013, VICE MICHAEL E. TONER, RE- between the two leaders or their des- SIGNED. objection, it is so ordered. DONALD F. MCGAHN, OF THE DISTRICT OF COLUMBIA, The message of the President is as ignees, with the majority controlling TO BE A MEMBER OF THE FEDERAL ELECTION COMMIS- follows: the first half and the Republicans con- SION FOR A TERM EXPIRING APRIL 30, 2009, VICE DAVID trolling the second half; and that fol- M. MASON, TERM EXPIRED. To the Senate of the United States: lowing morning business, the Senate I transmit herewith, for Senate ad- f resume consideration of the motion to vice and consent to ratification, the proceed to S. 2284, the flood insurance Convention Between the Government WITHDRAWALS legislation, and that all time during of the United States of America and Executive Message transmitted by the Government of Iceland for the the adjournment, recess, or period of the President to the Senate on May 6, Avoidance of Double Taxation and the morning business count against clo- 2008, withdrawing from further Senate Prevention of Fiscal Evasion with Re- ture; I further ask that the Senate re- consideration the following nomina- spect to Taxes on Income, and accom- cess from 12:30 to 2:15 p.m. to allow for tions: the weekly caucus luncheons to meet. panying Protocol, signed on October 23, DAVID M. MASON, OF VIRGINIA, TO BE A MEMBER OF 2007, at Washington, D.C. (the ‘‘pro- The PRESIDING OFFICER. Without THE FEDERAL ELECTION COMMISSION FOR A TERM EX- objection, it is so ordered. PIRING APRIL 30, 2009, (REAPPOINTMENT), WHICH WAS posed Treaty’’). The proposed Treaty SENT TO THE SENATE ON JANUARY 9, 2007. would replace the existing income tax f ROBERT D. LENHARD, OF MARYLAND, TO BE A MEMBER Convention with Iceland that was con- OF THE FEDERAL ELECTION COMMISSION FOR A TERM PROGRAM EXPIRING APRIL 30, 2011, VICE DANNY LEE MCDONALD, cluded in 1975 (the ‘‘existing Treaty’’). TERM EXPIRED, WHICH WAS SENT TO THE SENATE ON Mr. REID. Mr. President, we expect JANUARY 9, 2007. Also transmitted for the information of ROBERT J. BATTISTA, OF MICHIGAN, TO BE A MEMBER the Senate is the report of the Depart- to be in a position tomorrow to work OF THE NATIONAL LABOR RELATIONS BOARD FOR THE on the flood insurance bill, as I indi- TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2009, VICE ment of State with respect to the pro- DENNIS P. WALSH, WHICH WAS SENT TO THE SENATE ON posed Treaty. cated. In the morning there will be a JANUARY 25, 2008.

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PAYING TRIBUTE TO LYNN nominees from around the country. All the ZACHARY PATTERSON OF ST. PE- MARLETT honorees will attend several national recogni- TERSBURG, FLORIDA NAMED tion events and ten of the participants will be BRIGGS & STRATTON DIAMOND HON. JON C. PORTER named America’s top youth volunteers for IN THE ROUGH REGIONAL CHAM- PION OF NEVADA 2008. IN THE HOUSE OF REPRESENTATIVES Haley’s passion for volunteering began at a HON. C.W. BILL YOUNG Tuesday, May 6, 2008 young age. When she was six-years-old, OF FLORIDA Mr. PORTER. Madam Speaker, it is my dis- Haley saw a television commercial about kids IN THE HOUSE OF REPRESENTATIVES tinct pleasure to rise today to honor Mrs. Lynn with cancer, and wanted to do something to Tuesday, May 6, 2008 Marlett by entering her name in the CONGRES- cheer up the young patients. She began col- Mr. YOUNG of Florida. Madam Speaker, SIONAL RECORD, the official record of the pro- lecting stuffed bunnies during an Easter cam- baseball is the great American pastime, but for ceedings and debates of the United States paign, and collected 600 bunnies her first twelve-year-old Zachary Patterson of St. Pe- Congress since 1873. Today I honor Mrs. year. Since then, she has found several cor- tersburg, baseball provided one of the greatest Lynn Marlett for her distinguished and devoted porate sponsors, spoken to more than 50 civic American lessons. service to her profession and to our commu- groups, and enlisted the help of more than 30 He learned that with the confidence he nity as a registered nurse. ‘‘bunny ambassadors’’ to help collect bunnies gained on the ball field, he could overcome Mrs. Marlett has worked in the Las Vegas the greatest of obstacles including bullying by area as a Certified Nurse Practitioner since from the community each year. Her tireless ef- his classmates at school. Zachary, a seventh- 1999, specializing in gastroenterology. Mrs. forts have yielded more than 13,000 bunnies grader at Admiral Farragut Academy, wrote an Marlett has also closely worked with patients for sick children in the last 7 years. essay about his experiences for Briggs and on treatment and collecting data regarding The Prudential Spirit of Community Awards Stratton’s ‘‘Diamonds in the Rough’’ competi- Chronic Hepatitis C. was created by Prudential Financial in partner- tion. The essay was to relate how baseball Mrs. Marlett has extensive knowledge in ship with the National Association of Sec- helped players find the power within to over- treating patients with Hepatitis C as well as ondary School Principals in 1995 to impress come great challenges on and off the baseball Cirrhosis and Liver Cancer. Recently, Ms. upon all youth volunteers that their contribu- field. Marlett has worked with the Health District of tions are critically important and highly valued, Zachary’s essay earned him first place in Nevada as an Educational Liaison. Her re- the Tampa Bay region and $5,000, and a vari- search and knowledge were an invaluable re- and to inspire other young people to follow their example. Over the past 12 years, the ety of lawn equipment to help the Azalea Little source for the Health District and her col- League, in which he has played for eight program has become the nation’s largest leagues as a whole. Lynn’s professionalism years. Following my remarks, I will include an youth recognition effort based solely on com- and compassion have earned her the respect article from The St. Petersburg Times about of her colleagues and have made her invalu- munity service, and has honored more than Zachary’s experience and also a copy of his able to her patients. 80,000 young volunteers at the local, state, winning essay. Mrs. Marlett resides in Las Vegas, Nevada and national level. Madam Speaker, last October, this House with her husband and two daughters. Ms. Whatley should be extremely proud to approved legislation with my support calling Madam Speaker, I am proud to honor Lynn attention to the serious problem of bullying in Marlett. Her commitment, passion, and dedica- have been selected from the thousands of dedicated volunteers who participated in this our Nation’s schools and commending schools tion to nursing have improved the lives of for promoting greatest public awareness about year’s program. I sincerely thank Haley for her countless patients in Las Vegas. I thank her bullying and bullying prevention activities. for her dedication and commitment to the initiative in seeking to make her community a Zachary Patterson has taken his own initiative community and wish her the best in her future better place to live, and for the positive impact to call attention to this national problem by re- endeavors. she has had on the lives of others. She has flecting on the impact bullying has had on his f demonstrated a level of commitment and ac- life. Please join me in congratulating Zachary RECOGNIZING THE CONTRIBU- complishment that is truly extraordinary in to- for being honored for his efforts and in thank- TIONS OF HALEY WHATLEY day’s world, and deserves our sincere admira- ing him for his willingness to tackle this prob- tion and respect. It is an honor to represent lem head on at the age of twelve. HON. MICHAEL C. BURGESS such an extraordinary young person in the [From the St. Petersburg Times, April 4, 26th district of Texas, and I earnestly look for- 2008] OF TEXAS BASEBALL CHANGED HIS LIFE ward to seeing the present and future results IN THE HOUSE OF REPRESENTATIVES (By Michael Maharrey) of her tremendous promise. Tuesday, May 6, 2008 ST. PETERSBURG.—Laughter drifted across the dusty baseball diamond as Zachary Pat- Mr. BURGESS. Madam Speaker, I rise f terson tossed the ball back and forth with a today to congratulate and honor a young stu- coach. Joy lit up his face, even in the bright dent from my district who has achieved na- PERSONAL EXPLANATION afternoon sun. tional recognition for exemplary volunteer Baseball has not only provided Zachary service in her community. Haley Whatley of with fun times that will one day become fond North Richland Hills has just been named one HON. DEAN HELLER childhood memories, but life lessons that of the top two honorees in Texas by The 2008 make him wise beyond his 12 years. OF NEVADA Now his wisdom has translated to much- Prudential Spirit of Community Awards pro- needed financial help for the cash-strapped gram, an annual honor conferred on the most IN THE HOUSE OF REPRESENTATIVES Azalea Little League. impressive student volunteers in each state Zachary placed first in the Tampa Bay re- Tuesday, May 6, 2008 and the District of Columbia. gion in the Briggs and Stratton Diamonds in Haley, a seventh-grader, was nominated by the Rough competition, winning $5,000 and Mr. HELLER of Nevada. Madam Speaker, lawn equipment for his league. Smithfield Middle School in North Richland on rollcall No. 243, Motion to Table, had I The victory earned him the opportunity to Hills. In honor of this achievement, Haley will been present, I would have voted ‘‘nay.’’ compete against 19 other regional winners receive a $1,000 reward and an engraved sil- for another $5,000 prize and a trip for four to ver medallion. She also won a trip to Wash- watch the Yankees play in their final season ington D.C. this May to join the other top at Yankee Stadium.

∑ 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 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K06MY8.003 E06MYPT1 erowe on PRODPC61 with REMARKS E822 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 Online voting will determine the final win- people made fun of me for doing well. I never today that it is presenting a posthumous ner. joined a sports team at school. I never did OUTSPOKEN Award to Representative Tom Baseball players ranging from 7 to 14 wrote anything to draw any more attention to my- Lantos, the 14-term Congressman who lost essays explaining how baseball helped them self. I felt if I did, they would make fun of his life to cancer on February 11, 2008. find the ‘‘power within’’ to overcome chal- me more. Luckily, I have played baseball for IGLHRC’s OUTSPOKEN Award recognizes lenges on or off the field. Entrants came Azalea Little League for 8 years. None of the the leadership of a global ally to the lesbian, from within 30 miles of 20 select cities, in- kids at baseball go to my school. I am never gay, bisexual, transgender and intersex cluding Tampa. made fun of while I am there. Every year my (LGBTI) community whose outspokenness Zachary wrote about how kids at the mili- teammates become my friends. We treat has contributed substantially to advancing tary school he attends used to make fun of each other with respect and work together as the rights and understanding of LGBTI peo- him, calling him a nerd and a dork. He said a team. Our Coach Joel always says ‘‘we ple everywhere. playing baseball gave him the confidence to have to have confidence in ourselves before deal with the taunting. we have confidence on the field’’. Wow, was ‘‘We are so deeply grateful for Representa- ‘‘Our coach, Joel, always says, ‘We have to he right! After playing baseball for a few tive Lantos’s unwavering commitment to have confidence in ourselves before we have years I have come to realize that kids made human rights,’’ said Paula Ettelbrick, confidence on the field.’ Wow, was he right. fun of me because I wasn’t confident in my- IGLHRC’s executive director. ‘‘Throughout After playing baseball for a few years I have self. I ignored what others said but contin- his life, Representative Lantos waged a come to realize that kids made fun of me be- ued to be respectful to them. I remembered steadfast fight against injustice. His voice, cause I wasn’t confident in myself. I ignored what Coach always says and built up con- vision and compassion will be sorely missed what others said but continued to be respect- fidence to join football, soccer, basketball, by all of us in the LGBTI community.’’ ful to them,’’ he wrote. track and cross country. This year I even During his fourteen terms as a member of The seventh-grader at Admiral Farragut joined our school’s elite baseball team. I’m Congress, Representative Lantos, who rose Academy said kids teased him because he’s the starting pitcher. Throughout time, my among the ranks to chair the House Com- confidence in myself has outweighed the smart, but the confidence he gained on the mittee on Foreign Affairs, was a strong and teasing of others. They now respect me and baseball field taught him to be proud of all of consistent voice for the rights of the don’t make fun of me. The kids who made his accomplishments, and that confidence disenfranchised. As the founding co-chair- fun of me in the past, now ‘‘high five’’ me! If changed his relationship with his classmates. man of the Congressional Human Rights I win, I’d help repair our field we play on. It ‘‘Instead of people making fun of me, they Caucus, Lantos used his prestige as an inter- are friends with me now. Everything has needs a lot of work! nationally respected leader on human rights changed,’’ he said. f to hold the very first congressional briefing Natasha Patterson said she has seen the about the global persecution of sexual mi- transformation in her son. INTERNATIONAL GAY AND LES- norities. He was the author of the Inter- ‘‘Now he is willing to try things that he BIAN HUMAN RIGHTS COMMIS- national Human Rights Equality Resolution, wanted to do but wouldn’t because he was SION HONORS THE MEMORY OF which he introduced in the 106th and 107th picked on,’’ she said. ‘‘He’s really come out TOM LANTOS Congress, condemning human rights viola- of his shell. Now he’s proud of himself aca- tions against lesbian, gay, bisexual, and demically and strives to do better.’’ Zachary gets to help decide how the league HON. BARNEY FRANK transgender people throughout the world. will use the $5,000 prize money. He said it OF MASSACHUSETTS Representative Lantos regularly chal- needs a new tractor for field maintenance, IN THE HOUSE OF REPRESENTATIVES lenged the abuses meted out by individual clay to fill in holes in the diamonds, and Tuesday, May 6, 2008 countries to their LGBTI citizens. For in- chalk for lining the playing area. stance, along with key congressional col- If he wins the grand prize, he wants the Mr. FRANK of Massachusetts. Madam leagues, he protested the arrests of allegedly league to install a handicapped-accessible speaker, on Monday, April 28th, the Inter- gay men in the United Arab Emirates, and water fountain. national Gay and Lesbian Human Rights Com- the stoning to death of a Nigerian gay man. ‘‘That way not just regular players can get mission, an organization that fights against He also asked Congress to ‘‘withhold any a drink, but Challenger players, too,’’ he prejudice based on sexual orientation and support for a U.S.-Egypt Free Trade Agree- said. gender expression throughout the world, an- ment’’ in light of the roundup, conviction Azalea is one of only two Little League or- and re-conviction of reportedly gay Egyptian ganizations in Pinellas County to feature a nounced its posthumous recognition of our late colleague Tom Lantos for his extraor- men, and issued a strongly worded statement Challenger division. More than 100 special- asking the Nigerian Government to consider needs children participate in the program, dinary work on behalf of lesbian, gay, bisexual the implications of passing the Same-Sex and one of Azalea’s fields consists of a spe- and transgender victims of bigotry. The Prohibition Act, which would have severely cial rubber surface that allows kids to play IGLHRC awarded our late colleague its OUT- compromised the rights of the LGBTI com- baseball from wheelchairs. SPOKEN Award, in recognition of ‘‘the leader- munity in that country. Dana Hess, the league’s treasurer, said the ship of a global ally to gay, lesbian, bisexual, Congressman Lantos was also a staunch prize money couldn’t have come at a better transgender and intersex community whose time. ally of LGBTI Americans. He opposed a Con- Azalea’s fields were built in 1969, and all of outspokenness . . . contributed substantially stitutional Amendment banning gay mar- the structures and fences are original. to advancing the rights and understanding of riage, worked to amend the Immigration and ‘‘We really need the money. We maintain LGBTI people everywhere.’’ Nationality Act to allow U.S. citizens and what we can as good as we can, but every- Madam Speaker, I know how well deserved lawful permanent residents to sponsor their thing is so old,’’ Hess said. this award is, because I frequently turned to ‘‘permanent partners’’ for U.S. residency, But for those involved with the league, the our greatly respected and much missed friend and introduced a bill, with Representative excitement is not just about money. for help in combating anti-LGBT prejudice Baldwin, to extend basic employment rights ‘‘To have someone so young to write some- to same-sex partners of federal employees. whenever such matters came to my attention He campaigned for adoption rights and mar- thing from the heart really means a lot,’’ in various other countries. Much of the time Carol Vallee, a league volunteer and past riage equality for gay and lesbian couples, president, said. ‘‘This is a well-deserved when I came to him I found that he was al- and supported hate-crimes legislation and honor for him.’’ ready hard at work in trying to address the anti-discrimination protections in the work- Zachary’s mother said she hopes area resi- particular injustice because no one here did place. This is only a small part of his as- dents will go online and vote for him, not more to fight for fair treatment in this regard tounding legacy of work in support of LGBTI only for his benefit but because of the good internationally. Drawing on his considerable rights. the prize money will do for the league. prestige throughout the world, and his un- Born in Budapest in 1928, Congressman ‘‘Voting for Zach not only helps children matched record as a fierce defender of human Lantos was the only Holocaust survivor to here and now; it will help children in the fu- serve in the United States Congress. He was ture,’’ she said. rights everywhere, Tom Lantos was an invaluable ally in our fight against prejudice. a teenager when the Nazi’s invaded Hungary Voting began March 26 and continues in 1944 and started rounding up Jews. After through April 20. Madam Speaker, I ask in recognition of just one aspect of the extraordinary work of this being sent to a labor camp, and escaping ESSAY BY ZACHARY PATTERSON twice, he returned to Budapest where he extraordinary man with whom we had the I attend a small military school. Military joined the resistance, lived in a safe house school can be tough and the kids can be very pleasure and honor of serving be printed here. established by Swedish diplomat Raoul mean. Confidence was my challenge in [April 28, 2008] Wallenberg and secretly distributed food to school. ‘‘Dork’’ and ‘‘Nerd’’ are words people IGLHRC HONORS THE LATE REPRESENTATIVE other Jews in hiding. At the war’s end, he used to call me everyday. I would get very TOM LANTOS discovered that most of his own family had angry and come home sad. I didn’t have a lot The International Gay and Lesbian Human perished in the Nazi death camps. Miracu- of friends at school. I didn’t understand why Rights Commission (IGLHRC) announced lously, he managed to locate his childhood

VerDate Aug 31 2005 05:38 May 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MY8.003 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E823 friend, Annette Tillemann, whom he later use sexual assault services like these and oth- Sandy began her career in public service in married. He first came to the United States ers. 1974 as Director of the Counseling Job Corps on an academic scholarship in 1947. He During Sexual Assault Awareness and Pre- in San Jose. In 1975, she became Director of earned a Master’s Degree in economics from vention Month, I encourage my colleagues to the University of Washington in Seattle and Polydrug Abuse and Heroin Detox for Santa a Ph.D. in economics from the University of learn about and promote organizations in their Clara County. By 1976, Sandy had obtained California at Berkeley, teaching economics Districts that work to prevent sexual assault, her license as a Marriage and Family Thera- at San Francisco State University for sev- treat its survivors and prosecute its perpetra- pist. She currently serves as the Director of eral years before being elected to Congress in tors to bring an end to this violent crisis. Family and Probate for Stanislaus County. 1980. Madam Speaker, I urge my colleagues to join While Sandy’s list of professional achieve- ‘‘Representative Lantos’s legacy has me in supporting this resolution and honoring ments is lengthy, it is her accomplishments as meant so much to our community,’’ said those working across the country to bring an a volunteer on local government boards that Ettelbrick. ‘‘We are truly grateful for his un- end to violence in our communities. wavering commitment to human rights. We make her the ‘‘go to’’ person when gauging send our deepest condolences to his wife and f the pulse of the community. As a member of the Modesto School Bond Committee, she family, and are honored to pay tribute to his HONORING THE LIFE AND WORKS extraordinary legacy on LGBTI rights by worked to successfully pass much needed OF NANCI BURTON posthumously presenting him with our OUT- school bonds. She has served for 6 years on SPOKEN Award.’’ the Stanislaus County Commission on Aging, f HON. LYNN C. WOOLSEY and most recently acted as a member of the OF CALIFORNIA Modesto City Charter Review Committee, SUPPORTING THE GOALS AND IN THE HOUSE OF REPRESENTATIVES IDEALS OF NATIONAL SEXUAL working hard to update antiquated rules gov- ASSAULT AWARENESS AND PRE- Tuesday, May 6, 2008 erning a city of more than 200,000. VENTION MONTH Ms. WOOLSEY. Madam Speaker, it is with Sandy Lucas has also been active on a great sadness that I rise today to recognize statewide level with the Democratic Party. She SPEECH OF the passing of one of our notable local officials spent several years as a California Democratic HON. BETTY McCOLLUM and a pioneer in public service, former Santa Party Regional Director, ensuring the voice of Rosa Mayor Nanci Burton. Mayor Burton died California’s Central Valley was heard by party OF MINNESOTA of cancer last month, at the age of 65, leaving leaders. IN THE HOUSE OF REPRESENTATIVES a legacy of goodwill and good works through- Being heard has never been a problem for Wednesday, April 30, 2008 out the area. Sandy Lucas. Her quick wit, tempered reac- tions, and oh so colorful responses to various Ms. MCCOLLUM of Minnesota. Mr. Speak- Nanci was the second woman to serve on er, I rise today in support Concurrent Resolu- the Santa Rosa City Council when she won occurrences in our community have garnered tion 330, supporting the goals and ideals of her first election in 1984. She was elected the respect of area leaders. Sandy’s training National Sexual Assault Awareness and Pre- mayor in 1986 and again in 1991. She once as a mediator has served her well in politics vention Month. said she entered public life at a time when and given her the ability to see highly divisive I am proud to be a cosponsor of this resolu- women were asked such questions as, issues from every angle, thus bringing work- tion, which urges national and community or- ‘‘Sweetheart, do you really understand how a able solutions to the table. ganizations, private businesses, colleges and business operates?’’ As the bookkeeper for On May 2, 2008, Sandy will receive the cov- universities to promote awareness of sexual her husband’s business, she could answer eted Liberty Bell Award from the Stanislaus violence and encourage strategies to decrease with an honest and resounding, ‘‘Yes.’’ County Bar Association for all of the afore- the incidence of sexual assault. Nanci started her two decades of public mentioned reasons. Sandy has been a gem to We have heard the frightening statistics too service on the Santa Rosa planning commis- our community, and I am honored, Madam many times: 1 in 6 women and 1 in 33 men sion and other boards. She believed that if Speaker, to have this opportunity to thank her have been victims of rape or attempted rape; you want change, you have to get involved. for her selfless service and wish her the very a person in the United States is sexually as- ‘‘She was a fierce advocate for the city, the best in continued community involvement. saulted every two-and-a-half minutes; one in neighborhoods and all its citizens,’’ said Dan four college-aged women has been sexually Galvin, a friend who served on her first elec- f tion campaign. ‘‘She left her mark on projects assaulted. These numbers do not even take A TRIBUTE TO JAN SCHORI into account the assaults that go unreported and causes throughout the city.’’ by victims too scared to notify law enforce- Nanci was not only effective, with an im- ment or too far from sexual assault victim cen- pressive resume of accomplishments, but she HON. DORIS O. MATSUI was fun. ‘‘What many people will remember ters. OF CALIFORNIA most about Burton,’’ notes the Press Demo- National Sexual Assault Awareness and IN THE HOUSE OF REPRESENTATIVES Prevention Month is a time to educate the crat editorial, ‘‘was her spirited participation in Tuesday, May 6, 2008 American public about the unacceptable ex- the job at hand, her hometown pride, the joy tent to which this form of violence has become she took in her children and grandchildren— Ms. MATSUI. Madam Speaker, I rise today common in the United States. But this month and her infectious laugh, which livened many in recognition of Jan Schori’s 14 years of serv- must also be a time to focus on the solutions dull meetings.’’ ice as general manager of the Sacramento so that come next April we can instead an- Madam Speaker, Nanci Burton was a treas- Municipal Utility District. Ms. Schori leaves a nounce statistics measuring the progress we ure to the city of Santa Rosa and its sur- lasting legacy in Sacramento and her leader- have made in bringing an end to sexual vio- rounding areas. She will be greatly missed. ship and expertise will be deeply missed. I ask lence. f all my colleagues to join me in honoring one In communities throughout the United IN RECOGNITION OF SANDY LUCAS of Sacramento’s finest public servants. States, women and men are working tirelessly After earning her bachelor’s degree in polit- to develop and implement innovative programs HON. DENNIS A. CARDOZA ical science from the University of California, critical to the prevention and treatment of sex- Berkley, and her law degree from the Univer- OF CALIFORNIA ual assault. In Minnesota’s Fourth District, sity of California, Davis, Ms. Schori has spent IN THE HOUSE OF REPRESENTATIVES Ramsey County developed the Runaway Inter- nearly the last three decades advocating for vention Project, which provides counseling Tuesday, May 6, 2008 environmentally friendly and affordable energy and support for girls who have run away—or Mr. CARDOZA. Madam Speaker, it is with in Sacramento. She began her career with are at risk of running away—to reduce their the greatest pleasure that I rise today to honor SMUD in 1979 as an attorney; and spent 15 danger of being sexual victimized. The County a woman who has become a fixture in local years on the utility’s legal staff, five of which also reached out to men by creating the Men’s politics in my District. Sandy Lucas is not an were as their general council. In February of Line hotline for men to call and receive guid- elected official or a paid political operative, but 1994 she was appointed as SMUD’s general ance on practicing healthy, peaceful relation- has become what can only be described as manager. During her time with SMUD, Ms. ships. According to the National Network to the voice of common sense in our community. Schori has held various other leadership posi- End Domestic Violence, in one day, over After graduating from the University of Ari- tions in the utility industry. She has served as 53,000 American men, women and children zona, with a bachelor’s degree in history, chair on the boards of the American Public

VerDate Aug 31 2005 05:38 May 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.006 E06MYPT1 erowe on PRODPC61 with REMARKS E824 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 Power Association, the Large Public Power IN MEMORIAL OF SGT. STEPHEN The Mexican effort in the Battle of Puebla Council, the California Municipal Utilities Asso- LICZBINSKI epitomized courage, as the outmanned troops ciation and the National Business Council for survived three bloody French assaults and fi- Sustainable Energy. In addition, she has been HON. ALLYSON Y. SCHWARTZ nally achieved resounding success. Numerous Mexicans gave their lives not solely for their a tireless advocate for clean energy and is on OF PENNSYLVANIA country, but also for the timeless values of the board of the California Climate Action IN THE HOUSE OF REPRESENTATIVES freedom and justice. The tremendous fight put Registry and the National Alliance to Save En- Tuesday, May 6, 2008 up by the Mexican troops at the Battle of ergy. Ms. SCHWARTZ. Madam Speaker, I rise Puebla also had a substantial impact on the Under her leadership, SMUD has made today with a heavy heart. On Saturday May 3, United States’ history, as the French defeat many significant improvements in lowering 2008, Sgt. Stephen Liczbinski, a 12-year vet- provided President Lincoln with crucial support their rates, improving their reliability, increas- eran of the Philadelphia Police Department as the Civil War descended into chaos. There can be no doubting the bravery, spirit ing their renewable energy programs and their and a constituent of the 13th Congressional or patriotism of the thousands of Mexican overall customer satisfaction. Ms. Schori District, was shot and killed while responding to a bank robbery. troops who fought and, all too frequently, gave helped keep rates 20 to 30 percent below pri- their lives at the Battle of Puebla. In the spirit vate energy companies, and earned bond rat- Sgt. Liczbinski, who would have turned 40 today, left behind a wife, Michelle, and three of remembering the sacrifices of those troops, ing upgrades from the major credit rating Cinco de Mayo provides us with a perfect op- children, Matt, Steven, and Amber. He was agencies. During her tenure, Ms. Schori portunity to recognize the sacrifice for sov- known to his friends and colleagues as ‘‘the ereignty, the importance of courage and, worked to establish and expand SMUD solar real deal,’’ ‘‘a great family man,’’ and ‘‘a hero.’’ above all, the universal yearning for freedom. programs, new energy efficiency goals, and a Sgt. Liczbinski spent most of his career Greenergy program that has become one of Cinco de Mayo is celebrated throughout working South Philadelphia as a beat cop in Mexico and the United States with a joyous the largest in the nation. SMUD is now a lead- the Fourth District. In November 2007, he mixture of food, music and dancing. It has er in renewable energy and energy efficiency. moved to the 24th District where he was pro- also taken on great significance in the United Due to these efforts, SMUD has been ranked moted to Sergeant and became a valuable States as a day to celebrate broadly the cul- by JD Power and Associates as one of the top asset to his fellow officers. He was known as ture and ancestry of Americans of Mexican providers in California for residential cus- a great supervisor who treated all of his col- heritage. tomers and one of the top in the nation for leagues equally. The Mexican forces who won the Battle of commercial customers. When he wasn’t on the clock, Sgt. Puebla should not and will not ever be forgot- Liczbinski was known as a dedicated father ten, nor will the values for which they fought. Ms. Schori’s 14 years as general manager who would bring his entire family with him to I commend those forces for their spirit and of SMUD is the longest of any general man- police barbecues. courage and I wish all those celebrating the ager in SMUD’s 61 year history. Her dedica- His last words, according to the brave holiday across Mexico and the United States tion to our community is apparent through her Northeast Philadelphia residents who ran out a happy Cinco de Mayo. work both with SMUD and with other local of their homes to provide him with comfort and f non-profits. She serves on the board and is assistance was ‘‘Tell my wife I’ll miss her.’’ ON THE PASSING OF YOSSI HAREL treasurer of Valley Vision. She also actively Like many in Philadelphia, I’m hurt and supports the United Way California Capitol shocked that we’ve lost yet another coura- Region’s Foster Youth Initiative and was the geous, outstanding officer. Unfortunately this HON. HOWARD L. BERMAN OF CALIFORNIA 2006 recipient of the DeTocqueville philan- is not an isolated incident. The lack of respect for our law enforcement officers and the failure IN THE HOUSE OF REPRESENTATIVES thropy award. Personally, Ms. Schori has been to respect the life of any human is appalling Tuesday, May 6, 2008 a pleasure to work with. Her thoughtfulness and intolerable. Mr. BERMAN. Madam Speaker, I rise today and intelligence has empowered employees to Our city owes Sgt. Liczbinski its eternal work diligently with an open door policy. She with great sadness to note the recent passing gratitude for the sacrifice he made to protect of Yossi Harel, the legendary Haganah com- has also routinely testified in front of Congres- the public from these heinous criminals. mander responsible for shepherding thou- sional committees on energy issues. In respect of that sacrifice, I ask that the sands of Jewish refugees through British Madam Speaker, I am honored to pay trib- whole House of Representatives extend its blockades and to safety in the nascent Jewish ute to Jan Schori’s distinguished commitment condolences to Michelle Liczbinski, her family, homeland. and the Philadelphia Police Department for to Sacramento and our energy needs. Ms. Harel was perhaps best known for com- their loss. manding the ship Exodus 1947, which was Schori’s outstanding leadership and dedication May our thoughts and prayers ease their to SMUD, has helped promote the use of intercepted off the coast of Haifa by British grief and help sustain the dedicated men and warships in July 1947, carrying 4,553 Jewish clean, renewable energy resources that not women of the Philadelphia Police Department refugees from Europe. only benefits our community, but also sets an who put themselves in harms way every day The unconscionable decision by the British example for other providers across the state to protect the safety of our families and com- authorities to send these Holocaust survivors nation. We all are thankful for her efforts. As munities. aboard the Exodus back to Germany focused Ms. Schori’s husband Case Butterman, col- f the world’s attention on the plight of Jewish leagues, family and friends gather to honor refugees and their desire to leave the fetid dis- THE CINCO DE MAYO HOLIDAY her service, I ask all my colleagues to join me placed persons camps in Europe for a new life in wishing her continued good fortune in her in soon to be sovereign Israel. future endeavors. HON. AL GREEN Members of the United Nations Special OF TEXAS Commission on Palestine saw first hand as these refugees, with their meager posses- f IN THE HOUSE OF REPRESENTATIVES Tuesday, May 6, 2008 sions, were unloaded from the ramshackle Ex- PERSONAL EXPLANATION odus 1947 in the port of Haifa and prepared Mr. AL GREEN of Texas. Madam Speaker, for their return to Europe—all just precious I am proud to commemorate Cinco de Mayo, feet away from the land they had so des- the historic celebration of Mexican heritage perately yearned to reach. HON. DEAN HELLER and pride. Incredibly these refugees—just two years OF NEVADA On May 5th, 1862, Mexican General Ignacio removed from the horrors of the Holocaust— Zaragoza Seguin led 4,000 Mexican troops IN THE HOUSE OF REPRESENTATIVES were held by the British in a former S.S. con- into battle against the French in the Battle of centration camp after their return to Germany. Tuesday, May 6, 2008 Puebla, just 100 miles from Mexico City. Gen- This shocked the conscious of much of the eral Seguin led his brave troops to a spirited world and further galvanized opinion against Mr. HELLER of Nevada. Madam Speaker victory in spite of being badly outnumbered the British blockage and in favor of the estab- on rollcall No. 244, motion to adjourn, had I and lacking the modern weaponry possessed lishment of a Jewish state in Mandate-era Pal- been present, I would have voted ‘‘nay’’. by the French. estine.

VerDate Aug 31 2005 05:38 May 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.010 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E825 The story of those aboard the Exodus 1947 Had I been present for rollcall #242 on sus- to our Nation during the conflict in Vietnam. and their harrowing journey to Haifa was im- pending the rules and passing H. Res. 1011, Mr. Thomas S. Conley, Sr. is a Marine who mortalized in Leon Uris’s novel Exodus and Calling on the United States Government and served with honor and distinction on the bat- subsequent film featuring the character Ari the international community to promptly de- tlefield. It is truly an honor to present this Ben-Canaan based on Harel himself and velop, fund, and implement a comprehensive brave patriot with his long overdue Purple played by Paul Newman. regional strategy to protect civilians, facilitate Heart Medal. Though Harel is best known for com- humanitarian operations, contain and reduce Born in Wheeling, West Virginia, Mr. manding Exodus 1947, he also led three other violence, and contribute to conditions for sus- Conley’s family moved to Pittsburgh when he ships to the shores of Israel, helping 24,000 tainable peace and good governance in Chad, was in ninth grade. Enlisting in the Marine refugees find safe harbor in the Promised I would have voted ‘‘aye.’’ Corps at the age of eighteen, Mr. Conley was Land—all by the time he was 28. Had I been present for rollcall #243 on ta- one of about seventy-eight enlistees dubbed Today we mourn the loss of a great hero, bling the motion to reconsider the vote on H. the ‘‘Pittsburgh Pirate Platoon’’ when, all gath- who not only touched the lives of these 24,000 Res. 1011, I would have voted ‘‘nay.’’ ered around home plate for the ceremony, refugees and won the admiration of millions of Had I been present for rollcall #244 on the they were sworn into the Marines in the 7th in- people worldwide, but also came to symbolize motion to adjourn, I would have voted ‘‘aye.’’ ning of a baseball game at Forbes Field. the determination and pluck of the modern After completing his basic training at Parris f Island, South Carolina, Mr. Conley went on to state of Israel. CONGRATULATIONS TO THE 2008 attend radio operator school in California and f SERVICE ACADEMY APPOINTEES then served as the 2531 Field Radio Operator IN MEMORY OF CHARLES with the 9th Marines in Vietnam. Near the end MEADERS of his tour of duty, his unit was near the Rock HON. LAMAR SMITH Pile in the Northern Eye Core of Vietnam OF TEXAS when a mortar round landed between Mr. HON. CHARLES W. ‘‘CHIP’’ PICKERING IN THE HOUSE OF REPRESENTATIVES Conley and another soldier. The other man OF MISSISSIPPI Tuesday, May 6, 2008 was thrown twenty-three feet and killed, while IN THE HOUSE OF REPRESENTATIVES Mr. Conley ended up with shrapnel throughout Mr. SMITH of Texas. Madam Speaker, Tuesday, May 6, 2008 his body. today I want to congratulate the 2008 Service A third generation soldier whose grandfather Mr. PICKERING. Madam Speaker, A man Academy appointees from the 21st Congres- served in World War I and his father in World name Charles Meaders from Newton, Mis- sional District. The following individuals have War II, Mr. Conley’s wounds sadly forced him sissippi had a soldier’s heart, a soldier’s accepted academy appointments: to leave the military. He had planned to make honor, and responded to our Nation’s call with Harrison Michael Green, Believers Acad- a career in the Marines, but after the blast in- a soldier’s duty. He passed away last month emy, Air Force Academy; Blair William jured him in Vietnam he returned to Bethesda but due to a twist of fate, he did not receive Kessler, Boerne High School, Air Force Acad- Naval Hospital where he remained for thirteen soldier’s burial. emy; Robert Francis Belz, Health Careers months prior to being discharged. Continuing Mr. Meaders was in the United States High School, Air Force Academy; Lucas Sam- the tradition of military service, Mr. Conley’s Armed Forces during the Korean conflict. uel Johnson, Boerne High School, Air Force three sons have all served in the Marine However, he contracted a serious case of Academy; Philip Nicholas Valenzo, MacArthur Corps, and one has had four tours of duty in pneumonia and was shipped home and dis- High School, Air Force Academy; David Kirby Iraq. charged, short of the time required to be rec- Ford, Antonian College Preparatory High Madam Speaker, it is soldiers like Thomas ognized for veterans’ benefits. I’ve known the School, Military Academy; Nicholas Enrique S. Conley, Sr. who joined the military to pro- Meaders family for a long time and they are Ocegueda, New Braunfels High School/US tect the freedoms that all Americans hold educators, soldiers, and hard working Mis- Military Prep School, Military Academy; Thom- dear. While brave men like Mr. Conley were sissippians. Mrs. Bobbie Meaders, who dearly as Reagan Schiller, Vista Ridge High School, wounded fighting for freedom and liberty, his loved her husband Charles, is an active and Military Academy; Raymond Anthony family, friends and loved ones know that this feisty 72-year-old former nurse. Gonzales II, Reagan High School, Military Congress will always remember his bravery Madam Speaker, it is my honor to recognize Academy; Karen Elaine Gilkey, MacArthur and commitment in battle. the memory of Charles Meaders and for my High School, Merchant Marine Academy; and f office to deliver to his wife her only request, a Padraig G. O’Hara, Fredericksburg High PAYING TRIBUTE TO THE LIFE OF proper American flag that memorializes her School, Merchant Marine Academy. DONALD L. ROBINSON husband’s service to the American armed f forces. I hope Congress joins me and remembering this patriot and will hold Mrs. Bobbie PERSONAL EXPLANATION HON. RICHARD E. NEAL Meaders in your thoughts during her time of OF MASSACHUSETTS grief. HON. DEAN HELLER IN THE HOUSE OF REPRESENTATIVES f OF NEVADA Tuesday, May 6, 2008 PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Mr. NEAL of Massachusetts. Madam Speak- Tuesday, May 6, 2008 er, I would like to use this opportunity today to pay tribute to a great American who just re- HON. TIMOTHY V. JOHNSON Mr. HELLER of Nevada. Madam Speaker, cently and unexpectedly passed away. OF ILLINOIS on rollcall No. 240, H. Res. 952—Expressing Donald Robinson worked in the Office of IN THE HOUSE OF REPRESENTATIVES the sense of the House of Representatives Naval Intelligence and as a Chief of Staff and that there should be established a National Tuesday, May 6, 2008 Staff Director on Capitol Hill in his younger Teacher Day to honor and celebrate teachers years, but he is perhaps remembered best as Mr. JOHNSON of Illinois. Madam Speaker, in the United States, had I been present, I a mentor to the hundreds of young people unfortunately last night, May 5, 2008, I was would have voted ‘‘yea.’’ who came to Washington, DC to pursue an in- unable to cast my votes on H. Res. 952, the f ternship on Capitol Hill or with the Federal vote to table the motion to reconsider H. Res. Government. 952, H.Res. 1011, the vote to table the motion HONORING THOMAS S. CONLEY, For 25 years, Donald L. Robinson worked to reconsider H. Res. 1011, and the motion to SR. OF DADE CITY, FLORIDA with his wife, Sara Robinson, as a Director of adjourn and wish the record to reflect my in- the Boston University Washington Internship tentions had I been able to vote. HON. GINNY BROWN-WAITE Program. Had I been present for rollcall #240 on sus- OF FLORIDA Madam Speaker, I pay tribute to the con- pending the rules and passing H. Res. 952, to IN THE HOUSE OF REPRESENTATIVES tribution he and his wife Sara made to enrich establish a National Teacher’s Day, I would the lives of young people in who came to have voted ‘‘aye.’’ Tuesday, May 6, 2008 Washington to try out public service. He will Had I been present for rollcall #241 on ta- Ms. GINNY BROWN-WAITE of Florida. be missed greatly. I would like to take the op- bling the motion to reconsider the vote on H. Madam Speaker, I rise today to honor an portunity to submit his obituary in the Con- Res. 952, I would have voted ‘‘nay.’’ American soldier who was wounded in service gressional Record today and to thank him for

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.014 E06MYPT1 erowe on PRODPC61 with REMARKS E826 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 assisting in launching many successful, mean- In lieu of flowers, donations may be sent to College and State University, a masters of ingful careers. Wellfleet Historical Society (Please note: At- business administration in industrial operations tention Robbie Robinson Fund) at 266 Main [May 2, 2008.] management from InterAmerican University in St., Welifleet, MA 02667. DONALD L. ‘‘ROBBIE’’ ROBINSON, PH.D., 71, Puerto Rico and has graduated from the Com- CONGRESSIONAL STAFFER; B.U. POLITICAL f mand and General Staff College with the SCIENCE PROFESSOR HONORING MAJOR BERNARD Combined Logistics Officer Advance Course WELLFLEET.—Donald Louis ‘‘Robbie’’ Rob- WARRINGTON and the Infantry Officer Basic Course. inson, Ph.D., 71, a retired congressional His awards and decorations include the staffer and political science professor at Bos- HON. DONNA M. CHRISTENSEN Bronze Star Medal, the Meritorious Service ton University, died in his sleep at his home Medal, the Army Commendation Medal, the in Wellfleet, on Tuesday, April 29, 2008. OF THE VIRGIN ISLANDS Army Achievement Medal, the Meritorious Unit Robbie is survived by his wife of 45 years, IN THE HOUSE OF REPRESENTATIVES Sara Moore Robinson. He is also survived by Citation, the Army Superior Unit Award Badge, his daughter, Moore, his son, Marshall, his Tuesday, May 6, 2008 the U.S. Army Staff Badge, the Honorable daughter-in-law, Jennifer, and his grand- Mrs. CHRISTENSEN. Madam Speaker, I Order of St. Michael, and the Honorable Order daughter, Aila. rise to commend a soldier from my district, the of St. Martin. Robbie was born in Ottawa, Ill., in 1936. In U.S. Virgin Islands, Major Bernard Warrington, Major Warrington is married to the former his youth, he was a talented trumpet player Jr., who will be promoted today to lieutenant TaMekii Clark of Conyers, Georgia, and they and tap dancer, who won numerous prizes. He have two children, Naomi and Claude Nigel. received an academic scholarship to North- colonel. Bernard Warrington, Jr., was born in western University, from which he earned a Christiansted, St. Croix, U.S. Virgin Islands in Madam Speaker, on behalf of the people of Bachelor of Arts degree in 1958, and a Master 1970. He attended public school there and the U.S. Virgin Islands and the 110th Con- of Arts degree in 1959. While at North- graduated from Central High School in 1988. gress, I am pleased to recognize the achieve- western, he earned spending money playing Since that time, he has distinguished himself ments of Bernard Warrington, Jr., as he is pro- trumpet in a dance band, and was a member as a soldier and a scholar, working his way up moted from Major to lieutenant colonel and I of the Alpha Tau Omega fraternity. in the military, first as an infantry officer in wish him continued success in his illustrious Robbie joined the Navy in the Officer 1992, in the 2nd Battalion, 18th Infantry Regi- military career. Training Program, and moved to Wash- ment, 3rd Brigade, 24th Infantry Division at Ft. ington, D.C., where he served in the Office of Benning, Georgia. While assigned to the 3rd Naval Intelligence for 31⁄2 years. During his f tenure in the Navy, he began a doctoral pro- Brigade, he deployed to Kuwait in support of gram in International Relations at American Operation Southern Watch. HONORING JERRY PRIETO, JR. University in Washington, D.C. He left the In 1996, he relocated to Ft. Hood, Texas, Navy in 1962 and received his Ph.D. in 1963. where he served with the 1st Cavalry Division HON. GEORGE RADANOVICH It was at a friend’s Sunday brunch, over Support Command, (DISCOM), as its Plans OF CALIFORNIA bagels, where he met his future wife, Sara Officer and Assistant Brigade Operations Offi- Moore, a congressional staffer. The two fell cer. He was then reassigned to 615th Aviation IN THE HOUSE OF REPRESENTATIVES in love and were married in 1962. They had two children, a son, Marshall, in 1969, and a Support Battalion (ASB) to command its Head- Tuesday, May 6, 2008 quarters and Supply Company (HSC) and de- daughter, Margaret ‘‘Moore,’’ born in 1971. Mr. RADANOVICH. Madam Speaker, I rise Dr. Robinson worked as a congressional ployed with the 1st Cavalry Division to Bosnia, staffer for 13 years, before retiring on dis- Herzegovina, in support of Operation Stabiliza- today to honor Jerry Prieto, Jr. upon being ability in 1976 after being diagnosed with tion Forces Four (SPOR4). honored with the ‘‘Fresno County Farm Bu- Crohn’s disease. He was then hired by Boston Major Warrington then served as the Com- reau Distinguished Service Award’’ at the University to develop a Washington, D.C., In- bat Service Support (CSS) Team Chief for the Fresno County Farm Bureau’s Annual Ban- ternship Program, which he ran for 25 years. 348th Training Support Brigade (TSB) Ft. Bu- quet to be held on Thursday, May 8, 2008. In addition, he developed internship pro- chanan, Puerto Rico, responsible for training Jerry Prieto, Jr. is a native of Corcoran, grams for Case Western Reserve and the Uni- California. He is the son of a former migrant versity of Houston. He was appointed by U.S. Army Reserve and National Guard farm worker and was raised in a small town President Bill Clinton to be a member of the Forces. He was next assigned within the U.S. National Commission on Libraries and Infor- Army Forces Command (FORSCOM) as a G4 with a small family. Mr. Prieto attended Cali- mation Science. Dr. Robinson and his wife, Power Projection Logistics Planner and Crisis fornia State University, Fresno and obtained an attorney, retired together and moved Action Team member for CENTCOM during his Bachelor’s of Science degree in Plant from Washington, D.C., to Wellfleet in 2001. Operation Enduring Freedom. Science. In 1974 he began working for the Robbie was deeply involved with the Epis- He was deployed in 2003 to meet the 101st Fresno County Department of Agriculture and copal Church in Washington, D.C., first at Corps Support Group (CSG) in Mosul, Iraq, six years later he obtained the position of St. Stephen and the Incarnation, and then at where he served as its Brigade Operations Deputy Agricultural Commissioner. After nine St. Columba’s Church, where he was a lay years he went to work for Fresno County Per- minister. After retirement, he was a lector, Planner, Deputy Brigade S3 during Operation lay minister and administrator of the heal- Iraqi Freedom I during its reconstitution at Ft. sonnel Department as a Senior Personnel An- ing rite at St. Mary of the Harbor, Campbell. alyst. In 1993, Mr. Prieto was appointed Fres- Provincetown. From July 2004 to December 2006, he no County Resource Manager. He was re- At the time of his death, he was president served as both the Battalion Executive Officer sponsible for solid waste issues throughout of the Wellfleet Historical Society, treasurer and Support Operations Officer for 8th Bat- the county and operated the American Avenue of the Cape Cod Opera, the only nonsinging talion, 101st Aviation Regiment, during which Regional Landfill, the Southeast Regional member of the board of the Outer Cape Cho- time he redeployed in 2005, with the battalion Landfill and the Coalinga Landfill. He was also rale, a Freemason and a Shriner. Last year, responsible for providing road maintenance, he and his wife joined dear friends on a guid- to Tikrit, Iraq, in support of Operation Iraqi street lighting, garbage collection, parks, ed tour through the Baltic States and Rus- Freedom IV. sia. Since December 2006, Major Warrington sewer and water services to ninety special dis- Robbie loved his family very much, and has been assigned as a plans officer to HQDA tricts. was delighted to meet his adored first grand- DCS g-3/5/7. He also served as an Army Con- In 1999, Mr. Prieto was appointed to the po- child, Aila, in January. Despite his history gressional Associate within the office of Sen- sition of Fresno County Agricultural Commis- of chronic illness, his death came suddenly ator CLAIRE G. MCCASKILL. He currently serves sioner/Sealer of Weight and Measures exactly and unexpectedly, and is a great loss for all on the Army Staff in the Army Transformation twenty-five years after he began working for who knew him for his indomitable good Office. the department. He was responsible for pro- cheer, his delight of conversation and his sheer enjoyment of life. He will be missed During his time in the military, Major War- moting and regulating the nation’s number one tremendously. rington has earned an associate of arts de- agriculture producing area. Mr. Prieto also A memorial celebration will be held on gree in business administration and military served as a member of Governor Gray Davis’ Saturday, May 17, 2008, at 3 p.m., at St. Mary science from Georgia Military College, a bach- State Committee on Terrorism and the West- of the Harbor in Provincetown. elor of business administration from Georgia ern Weights and Measures Association Board

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.020 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E827 of Directors. He served as the first Chairman TRIBUTE TO RITA AND JACK Madam Speaker, we salute Bloomington for of the California Agriculture Commissioners SINDER its remarkable success, pioneering spirit, and Sealers Association’s Food Safety and record of public service to help people in need Agriculture Security Committee. For four years HON. BRAD SHERMAN and role in positioning both Minnesota and the he served as Chairman of the Fresno County OF CALIFORNIA U.S. for a prosperous future in the global Department Heads Council. Currently, Mr. IN THE HOUSE OF REPRESENTATIVES economy. Prieto is a member of the Fresno County Bloomington is a place of historic impor- Tuesday, May 6, 2008 Farm Bureau, the Fresno County Council of tance situated near the confluence of the Mis- Governments Farmland Conservation Steering Mr. SHERMAN. Madam Speaker, I rise sissippi and the Minnesota Rivers, and in Committee, Chairman of the Fresno County today to honor and congratulate my dear close proximity to Historic Fort Snelling, com- Council of Governments Farmland Preserva- friends Rita and Jack Sinder for their invalu- pleted in 1825. The soldiers of Fort Snelling tion Advisory Committee, and the Fresno able and outstanding service to Valley Beth mediated disputes between Minnesota’s Da- County Land Conservation Committee. He is Shalom Temple. kota and Ojibwe Indians. In 1843, the first Eu- the immediate President of the California Agri- Jack and Rita have been two of the most ropean settlers built a cabin near the current cultural Commissioners and Sealers Associa- productive members of the Valley Beth Sha- 10th Avenue Circle and taught farming meth- tion and was the first Agricultural Commis- lom community, bringing guidance, spirituality ods to Dakota Indians. The territory to the sioner to serve two terms as President. Mr. and joy to the congregation. Jack, a former west opened to settlers in 1851. Prieto is the Chairman of Secretary bond chair for the State of Israel Bonds, Bloomington is a city with tremendous his- Kawamura’s AB 771 Honeybee/Seedless served as construction chair for the syna- torical pride and patriotism and we honor all of Mandarin Co-Existence Working Group. gogue during its expansion in 1986. As con- Bloomington’s courageous members of our struction chair, Jack planned and oversaw armed forces who have fought for freedom. Madam Speaker, I rise today to commend construction of the sanctuary, classrooms, ad- Bloomington was also the home of Tom Bur- and congratulate Jerry Prieto upon being ministrative offices, chapel and the parking nett, Jr., one of the heroes of Flight 93 on awarded with the ‘‘Fresno County Farm Bu- center. The parking center is now dedicated to September 11, 2001. reau Distinguished Service Award.’’ I invite my the Sinders. Rita is a past president of the Madam Speaker, Bloomington is home to colleagues to join me in wishing Mr. Prieto San Fernando Valley’s Women Division of 85,172 wonderful people and it has been my many years of continued success. Israel Bonds and a past president of the pleasure to represent all of them in Wash- Women’s Alliance for Israel, and she con- ington the past 18 years. Bloomington natives f tinues to serve on its executive board. Jack have been leaders in commerce, technology, and Rita are also founding members of the environmental awareness, sports and the arts. IN RECOGNITION OF JEWISH Control Data was born in Bloomington and AMERICAN HERITAGE MONTH American Jewish University Wagner Program and patrons of the Wiesenthal Center. was one of the pioneering supercomputer Valley Beth Shalom continues to make ex- firms. For most of the 1960s, it built the fastest HON. RAHM EMANUEL traordinary contributions to the San Fernando computers in the world. Valley through innovative programs that pro- It has been my great pleasure to work with OF ILLINOIS mote tolerance, increase learning, develop the Bloomington Art Center on the 3rd Con- gressional District High School Arts Competi- IN THE HOUSE OF REPRESENTATIVES leadership skills, and foster social justice. Val- ley Beth Shalom has demonstrated a long- tion every year. Bloomington’s public schools Tuesday, May 6, 2008 standing commitment to developing the com- have produced some of our Nation’s best and munity’s understanding of the connection be- brightest. Bloomington is also home to the Mr. EMANUEL. Madam Speaker, I rise tween religion and education. The temple em- Minnesota Valley National Wildlife Refuge, today in recognition of Jewish American Herit- powers individuals, allowing their voices to be which has been so critical to preserving water age Month. heard in our community and around the world. quality throughout the Midwest and the Mis- In 2006, Congress unanimously passed H. Madam Speaker, I am proud to recognize sissippi River Valley all the way to the Gulf of Con. Res. 315, a resolution urging the Presi- Jack and Rita Sinder for their outstanding Mexico. dent to issue a proclamation for the observ- service to the Valley Beth Shalom community. Madam Speaker, you could travel this entire Nation and not find a more caring, committed, ance of an American Jewish History Month. I f was an original co-sponsor of that important hard-working and innovative community. legislation, and following our action, President PERSONAL EXPLANATION Bloomington is home to Minnesota’s first Bush proclaimed May as Jewish American major league baseball and football teams and Heritage Month as a means of celebrating the HON. DEAN HELLER the world famous Mall of America, and it is ad- Jewish community’s history in America in addi- OF NEVADA jacent to Minneapolis-St. Paul International tion to their contributions to American culture. IN THE HOUSE OF REPRESENTATIVES Airport. Bloomington has been the face of Min- On April 29, 2008, President Bush reaffirmed Tuesday, May 6, 2008 nesota to many all across this great land. For his commitment of celebrating Jewish Amer- that we thank all the people of Bloomington for Mr. HELLER of Nevada. Madam Speaker, ican heritage by making May 2008 Jewish helping boost Minnesota’s image in the eyes on rollcall no. 241, Motion to Table, had I American Heritage Month. of the world. been present, I would have voted ‘‘nay.’’ Madam Speaker, in recognition of the his- Since 1654, the American Jews have con- f toric significance of the Sesquicentennial Cele- tributed to American life and society in all bration to the Community of Bloomington, to SALUTING BLOOMINGTON, MIN- walks of life. The achievements of American the State of Minnesota, and to the United NESOTA, ON ITS 150TH BIRTHDAY Jews span all fields including medicine, law, States of America, we are pleased to dedicate AND REMARKABLE ROLE IN MIN- entertainment, public service, technology, and May 11, 2008, as the Bloomington Sesqui- NESOTA HISTORY literature. I take this time to celebrate those centennial Day in Minnesota. Happy 150th who have served our nation and propelled it birthday, Bloomington, Minnesota! successfully into the 21st century. HON. JIM RAMSTAD f Throughout more than 350 years, American OF MINNESOTA Jewish culture has become intertwined with IN THE HOUSE OF REPRESENTATIVES SENSE OF HOUSE OF ESTAB- American culture. The Jewish faith and spirit Tuesday, May 6, 2008 LISHING A NATIONAL TEACHER DAY in combination with Jewish history and culture Mr. RAMSTAD. Madam Speaker, I rise to serve as an integral part of what this nation is pay tribute to a truly great community in Min- SPEECH OF today. nesota’s 3rd Congressional District which has HON. NANCY E. BOYDA Madam Speaker, I am proud to commemo- played a crucial role in the history and devel- OF KANSAS rate Jewish American Heritage Month and opment of our region and State. IN THE HOUSE OF REPRESENTATIVES hope that my colleagues will join me in cele- Bloomington is our State’s 5th largest city brating the American Jewish community and and this special city will celebrate its 150th Monday, May 5, 2008 its commitment to enriching American society birthday on May 11, the same day the State Mrs. BOYDA of Kansas. Mr. Speaker, this and culture. of Minnesota was admitted to the Union. week (May 4–May 10) we celebrate Teacher

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.023 E06MYPT1 erowe on PRODPC61 with REMARKS E828 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 Appreciation Week, and Tuesday, May 6, as HONORING CAREER OF DR. SARAH 892, a resolution that designates March 11 as National Teacher Day. These days have been N. DENMAN ‘‘National Funeral Director and Mortician Rec- set aside as a time for honoring teachers and ognition Day.’’ recognizing the lasting contributions they HON. NICK J. RAHALL II Funeral directors and morticians are vitally make to our lives. OF WEST VIRGINIA important in helping families mourn death, cel- Last year, the National Education Associa- IN THE HOUSE OF REPRESENTATIVES ebrate a life, and begin the process of closure. They also give advice on the decisions one tion (NEA) conducted an online poll asking Tuesday, May 6, 2008 teachers what kind of gift would most make needs to make as a caretaker and as a pro- them feel appreciated. The answer? A simple Mr. RAHALL. Madam Speaker, I rise today vider of a funeral service. According to the ‘‘thank you, ‘‘ according to nearly half (48 per- to pay tribute to Dr. Sarah N. Denman and her Minnesota Funeral Directors Association, ‘‘The cents) of all respondents. 33 years of service to the students and faculty funeral ritual is helpful and valuable for all who of Marshall University. Marshall University is Such humility comes as no surprise. My feel the loss of the deceased. It validates life home to 14,000 of West Virginia’s best and mother was a public school teacher, so I know and allows us to go on living. The ritual aspect brightest students and one of the finest public firsthand how many sacrifices teachers make is important for closure and social reasons. At- universities in the Nation. For the last 9 years, both with their own money, their time and their tending the funeral allows us to deal with the Sarah has served as the Provost and Senior heart. They work long hours and are often loss, says goodbye, and reaffirms the impor- Vice President for Academic Affairs at Mar- underappreciated. Yet, few other professionals tance of living.’’ shall University and is now set to retire on Mayor Bill Sandberg of North Saint Paul, touch as many people as teachers do. I bet May 10, 2008, with Marshall’s 171st Com- who died on April 20, 2007, was one of my many of us learned life lessons that we carry mencement. mentors. He spent his career as a funeral di- with us today because of a special teacher. I Born and raised in Kenova, West Virginia, rector in the St. Paul area and was active in don’t know that we can ever say ‘‘thank-you’’ Sarah has devoted her life to improving our the Minnesota Funeral Directors Association enough times to teachers who have made a State’s educational opportunities. She earned and a Heritage Club member of the National difference in our lives. This week, I hope we’ll both her bachelor’s and master’s degrees from Funeral Directors Association (NFDA). NFDA all take a minute to tell a special teacher Marshall University and her doctorate in higher was established in 1882 in order to better ‘‘thank you’’—a simple thank you card, a quick education administration from West Virginia serve the public and its members. Today, it is phone call—it means a lot. University. She then taught for 6 years at the oldest and largest national funeral service I recognize that these are small ways to Ceredo-Kenova High School before joining organization in the world. honor teachers, and that we have to put our Marshall’s faculty. At Marshall, she has served I want to thank funeral directors and morti- money where our mouth is. Teachers give so as Coordinator of the Communications Pro- cians for their dedication to this profession and much to support Kansas students—it’s high gram, Associate Dean for the Community Col- urge my colleagues to support this resolution. time that Congress repays the favor. Here are lege, Higher Learning Commission Consultant f some of the ways I have made a commitment Evaluator, Associate Vice President for Aca- to helping teachers: demic Affairs, Vice President of Academic Af- IN SUPPORT OF H. RES. 981—REC- Providing tax relief for teachers. I co-spon- fairs, and since 1999, Provost and Senior Vice OGNIZING MARCH 6, 2008, AS THE sored H.R. 549, the Teacher Tax Relief Act to President for Academic Affairs. FIRST-EVER WORLD GLAUCOMA increase and make permanent a tax deduction During her tenure, Sarah has been a god- DAY, ESTABLISHED TO IN- of up to $400 for elementary and secondary send to Marshall University, helping it expand CREASE AWARENESS OF GLAU- school teachers. I am also a co-sponsor of and flourish, and has played a powerful role in COMA, A LEADING CAUSE OF H.R. 3605, introduced after H.R. 549, which transforming a once humble Marshall College PREVENTABLE BLINDNESS IN will increase the deduction to $500. This de- into the internationally renowned university it is THE UNITED STATES duction would help teachers recoup expenses today. From Associate Professor to Provost, when they use their own money to buy class- Sarah has left her mark on virtually every as- HON. CHARLES B. RANGEL room supplies. pect of the University and touched countless OF NEW YORK Funding Continuing Education for Teachers. lives of those around her. IN THE HOUSE OF REPRESENTATIVES I voted for the America Creating Opportunities Marshall’s academic programs have been Tuesday, May 6, 2008 to Meaningfully Promote Excellence in Tech- blessed by her guidance and, in turn, southern nology, Education and Science (COMPETES) West Virginia has been blessed by Marshall. Mr. RANGEL. Mr. Speaker, I rise today in Act, which became law in August, 2007. The Thanks to her hard work and dedication at support of H. Res. 981, recognizing March 6, act provides professional development for Marshall, the best and brightest of West Vir- 2008, as the first-ever World Glaucoma Day, teachers, ensures more highly qualified class- ginia’s students have access to the higher established to increase awareness of glau- room teachers in mathematics, science, engi- education they need—without leaving the coma, a leading cause of preventable blind- neering, and technology, and provides funding home they love—to succeed in the global ness. I want to congratulate my colleagues to improve laboratory equipment and facilities. economy. Congresswoman TAMMY BALDWIN for introducing this important resolution and together Student Loan Assistance. The College Cost Sarah’s list of accomplishments far exceeds her years of service. She has nurtured gen- with Congressman PETE SESSIONS for bringing Reduction and Access Act, which I voted for this measure forward. As a cosponsor of this and was signed into law by the President in erations of young minds and helped shape the higher education system in West Virginia. Her resolution, I am proud to speak out in favor of September, 2007, includes a tuition assistance adequate Federal funding, legislation when in- program for public school teachers who com- dedication to her work and commitment to helping others are examples to us all. dicated, greater support for glaucoma edu- mit to working in impoverished areas or in cation and awareness, screenings, regular eye high-need subjects. I again congratulate Sarah for her 33 years of dedicated service at Marshall University and examinations, follow-up, treatment and re- Public schools are at the heart of any com- wish her continued success in retirement and search. Raising the level of awareness about munity and I believe we all have to work to- all her future endeavors. the effects of this devastating eye disease, gether to make our schools the best that they f and drawing attention toward taking the nec- can be. That means everyone in the commu- essary steps to preserve sight has been of nity—parents, business owners, retirees, local NATIONAL FUNERAL DIRECTOR great importance to me, and a special mission government and students must pitch in. AND MORTICIAN RECOGNITION for many years. This week is an opportunity for all of us to DAY The resolution expands awareness by call- get involved. That apple on the desk or a ing attention to this dreadful disease that can thank you card is an important first step. But, SPEECH OF rob individuals of the priceless gift of sight. let’s use this week to learn about and advo- HON. BETTY McCOLLUM Glaucoma, an eye disorder that damages the cate for high standards for our public schools OF MINNESOTA optic nerve, is a leading cause of irreversible and appropriate compensation for teachers. A IN THE HOUSE OF REPRESENTATIVES blindness, and affects more than 3 million community’s active support of the work that people. It is often referred to as the ‘‘sneak teachers do, combined with that ‘‘thank-you,’’ Tuesday, April 29, 2008 thief of sight,’’ as many are not aware that can make changes that will last for genera- Ms. MCCOLLUM of Minnesota. Mr. Speak- they have the disease because it has no no- tions to come. er, I rise today in strong support of H. Res. ticeable early warning signs, symptoms or

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.029 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E829 pain. It is estimated that 1.5 million Americans the Darfur region of Sudan—had I been travel and walked on the moon. We have in- are losing their sight because they do not present, I would have voted ‘‘yea.’’ vented the television and the Internet. We know that they have the disease and are not f have fought in wars overseas, seen the rise getting the treatment they need. and fall of Soviet communism and the birth of The resolution also supports early detection CELEBRATING TEN YEARS AT new democracies. Martha has lived through of glaucoma for those at risk, enhanced treat- ALLIANCE OPPORTUNITY CENTER eighteen United States Presidents and twenty- ment for those affected, and expanded re- four Governors of Iowa. And, in her lifetime, search. Those groups at highest risk for glau- HON. MICHAEL C. BURGESS the population of the United States has more coma include African Americans, Hispanics, OF TEXAS than tripled. people with a family history of glaucoma, as IN THE HOUSE OF REPRESENTATIVES I congratulate Martha Kruetzmann for reach- well as individuals with diabetes and/or hyper- ing this milestone of a birthday. I am ex- Tuesday, May 6, 2008 tension. Senior citizens, in general, are also at tremely honored to represent Martha in the high risk for glaucoma. Compelling studies Mr. BURGESS. Madam Speaker, I rise United States Congress and I wish her happi- and data show that glaucoma is 6 to 8 times today to recognize the anniversary of the Alli- ness and health for many years to come. more common in African Americans than in ance Opportunity Center, which has served f Caucasians, and that African Americans be- North Texas for 10 years. tween 45 and 65 are 14 to 17 times more like- The Alliance Opportunity Center, a non-prof- FILIPINO WORLD WAR II ly to go blind from glaucoma than Caucasians it organization supervised by Hillwood, Tarrant VETERANS in the same age group. Glaucoma is also the County College, Tarrant County Workforce most common cause of blindness in His- Development Board, Texas Workforce Com- HON. CAROLYN B. MALONEY panics, the fastest growing ethnic minority in mission and the Fort Worth Chamber of Com- OF NEW YORK the country, and they too are at particular risk merce, has long been committed to economic IN THE HOUSE OF REPRESENTATIVES of being blinded by the disease. growth in Tarrant and Denton Counties, and Tuesday, May 6, 2008 I am proud to support the resolution and un- their impact on the area is certainly cause for Mrs. MALONEY of New York. Madam derscore the use of legislation as a vehicle celebration. Speaker, I rise to pay recognition to the Fili- when necessary, support adequate Federal The Alliance Opportunity Center’s main goal pino veterans who so bravely served under funding for early detection, treatment, re- is to shorten employee turnaround time, reduce job recruitment costs, and enhance em- the U.S. flag during World War II. search, annual screenings and comprehensive The Philippine Islands were a U.S. territory eye examinations for individuals over 40, and ployee skills and retention. This objective is achieved through the many services the AOC from 1902–1946. On July 16, 1941, President those at highest risk for glaucoma. Franklin D. Roosevelt called over 200,000 Fili- I applaud and support the mission and serv- offers to the community. The Alliance Oppor- pinos to service under the command of Gen- ice of those agencies and organizations such tunity Center advertises Alliance job listings eral Douglas MacArthur. They courageously as the National Institutes of Health, National nationwide, maintains a current job-applicant fought side-by-side with soldiers from the Eye Institute, Glaucoma Research Foundation, database to best match open positions with United States, under the American flag and for glaucoma specialists at teaching hospitals, available candidates, provides companies with a common goal to protect all nations from ag- clinics, colleges and universities across the the resumes of candidates best suited for open positions, and screens applicants for gressive governments. country who demonstrate on a daily basis, Madam Speaker, despite their patriotism, qualified referrals. their dedication and commitment toward com- sacrifice, and service to this nation, the Fili- The organization also hosts the Annual Alli- bating this devastating disease. pino veterans of World War II have still not re- ance Texas Hiring fair and coordinates and I am particularly proud of the work of the ceived the full benefits they were promised 62 conducts job fairs for individual companies. Friends of the Congressional Glaucoma Cau- years ago. The Alliance Opportunity Center staff keeps cus Foundation, a non-profit organization and The average age of these heroes is 84. the interests of the community in mind, allow- the affiliation that I share with my colleague Congress has a moral obligation to provide for ing area companies more time to focus on and friend Congressman ED TOWNS, as found- the Filipino veterans who fought as part of the their core work and, in the process, making Al- ing members of the Congressional Glaucoma United States during World War II before it is liance businesses an even greater success. Caucus, a non-partisan body of more than 90 too late. We must restore dignity and honor to Madam Speaker, it is with great honor that congressional members in the House and these proud veterans. Senate. I urge my colleagues who are not I rise today to honor Alliance Opportunity Cen- f members of the caucus to join to promote free ter for its commitment to playing an active role glaucoma screenings, education and aware- in the development, improvement and success HONORING THE PUBLIC SERVICE ness within your districts. of the North Texas community. I am proud to OF SGT. RICHARD J. ‘‘RICK’’ Finally, I join in with my colleague Con- represent such a prestigious organization in KASPER gressman ED TOWNS of New York and urge Texas’ 26th Congressional District. the Energy and Commerce Committee to hold f HON. JIM GERLACH a speedy hearing on H.R. 3005, the Glaucoma TRIBUTE TO MARTHA OF PENNSYLVANIA Screening Act of 2007, a worthy and important KRUETZMANN IN THE HOUSE OF REPRESENTATIVES bill introduced by our colleagues, Representa- Tuesday, May 6, 2008 tives SERRANO and BOOZMAN. f HON. TOM LATHAM Mr. GERLACH. Madam Speaker, I rise OF IOWA today to honor a dedicated public servant from PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Chester County, Pennsylvania, who is retiring after a nearly 30-year career with the West Tuesday, May 6, 2008 HON. DEAN HELLER Whiteland Township Police Department. OF NEVADA Mr. LATHAM. Madam Speaker, I rise today Sgt. Richard J. ‘‘Rick’’ Kasper joined the IN THE HOUSE OF REPRESENTATIVES to congratulate Martha Kruetzmann on the West Whiteland Police as a patrol officer in celebration of her 100th birthday on April 2, 1978. He became one of the first members on Tuesday, May 6, 2008 2008. the force to be promoted to the rank of ser- Mr. HELLER of Nevada. Madam Speaker, Martha was born on April 2, 1908 to Peter geant in 1988. on rollcall No. 242, H. Res. 1011—Calling on and Lydia Wigand in Sheboygan, Wisconsin. As a patrol shift supervisor for 25 years, the United States Government and the inter- She was one of four brothers and three sis- Sgt. Kasper earned the respect of his col- national community to promptly develop, fund, ters. Martha was married to the late Reverend leagues for his ability to think on his feet and and implement a comprehensive regional A.I. Kruetzmann and has three children, Ei- his sound judgment at times when officers’ strategy to protect civilians, facilitate humani- leen, Evelyn, and Edith; eight grandchildren; lives and the safety of the community were on tarian operations, contain and reduce violence, and 13 great-grandchildren. She currently lives the line. and contribute to conditions for sustainable at the Hubbard Care Center in Hubbard, Iowa. Whether it was safely disarming a knife- peace and good governance in Chad, as well There have been many changes that have wielding suspect or responding to a threat of as in the wider region that includes the north- occurred during the past one hundred years. violence at a local mall, the members of the ern region of the Central African Republic and Since Martha’s birth we have revolutionized air West Whiteland Township Police Department

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.032 E06MYPT1 erowe on PRODPC61 with REMARKS E830 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 knew they could always depend on the steady PERSONAL EXPLANATION Nebraska home builders and the many other hand of Sgt. Kasper to guide them through the sectors of the economy dependent on the tension-filled moments. HON. LINCOLN DAVIS housing construction industry. In addition to pinning on a badge for work OF TENNESSEE According to the National Association of Re- each day, Sgt. Kasper passed on his knowl- IN THE HOUSE OF REPRESENTATIVES altors, total housing inventory rose 5.5 percent edge about police work as one of the Depart- at the end of this January to 4.19 million exist- ment’s original firearms instructors. Sgt. Tuesday, May 6, 2008 ing homes available for sale, which represents Kasper’s dedication to the Department was Mr. LINCOLN DAVIS of Tennessee. Madam a 10.3-month supply at the current sales pace, surpassed only by his devotion to his family. Speaker, on Monday, May 5th, 2008, I was up from a 9.7-month supply in December. In a testament to just how well Sgt. Kasper absent for legislative business to attend a De- Former Federal Reserve Chairman Alan juggled the demands of police work and the partment of Defense event in my district. Greenspan noted in November 2007 that re- needs of his family, his daughter, Heather, fol- Had I been present, on H. Res. 952 to es- ducing home inventories is critical for the lowed in her father’s footsteps to become a tablish a National Teacher’s Day, I would have health of the economy. police officer with a department in Florida. voted ‘‘aye.’’ Madam Speaker, under the legislation I am Rick’s career and accomplishments will be f introducing today, home buyers who purchase celebrated on Friday, May 9, 2008 during a a qualified principal residence within a year of dinner at the Downingtown Country Club. HONORING MRS. DEBORAH ANN the Act’s enactment will be eligible for a one- Madam Speaker, I ask that my colleagues HARRIS time tax credit of 10 percent of the home’s join me today in praising the outstanding serv- purchase price, up to $10,000. Mortgages ice of Sgt. Richard J. Kasper, and all those HON. JOHN ABNEY CULBERSON which exceed the maximum original principal who take an oath to serve and protect their OF TEXAS obligation of a mortgage the Federal Home communities. IN THE HOUSE OF REPRESENTATIVES Loan Mortgage Corporation will purchase, will not qualify. Tuesday, May 6, 2008 f American taxpayers should not bear the Mr. CULBERSON. Madam Speaker, I rise HONORING THE LIFE OF GILBERT burden of bailing out scam artists and specu- today to honor Mrs. Deborah Ann Harris, a GUY FRANCIS lators. This bill provides a market incentive teacher at St. Francis Episcopal Day School in which works to actively reduce local inventory Houston, Texas, for receiving a 2008 Presi- of homes, stimulate the economy and em- HON. THADDEUS G. McCOTTER dential Award for Excellence in Mathematics power homebuyers. I encourage my col- OF MICHIGAN and Science Teaching. leagues in the House to examine this bill and IN THE HOUSE OF REPRESENTATIVES Under a bill Congress passed in 1983, the join me in helping provide Americans with a Tuesday, May 6, 2008 President selects up to 108 teachers every viable pathway to home ownership. year to recognize for their exemplary contribu- f Mr. MCCOTTER. Madam Speaker, today I tions. This Presidential Award is the highest rise to honor and acknowledge Gilbert Guy honor a kindergarten through 12th grade math SALUTING MINNESOTA’S TEACHER Francis upon the occasion of his 80th birth- or science teacher can receive for outstanding OF THE YEAR, CARLEEN day. teaching in the United States. GULSTAD OF HOPKINS NORTH Gilbert Francis dedicated his life to selflessly Anne Chisholm, middle school principal at JR. HIGH SCHOOL serving our community and country. Following St. Francis Episcopal Day School, says of service in the Air Force, Mr. Francis graduated Mrs. Harris, ‘‘Debbie has a true passion for life HON. KEITH ELLISON with a Bachelor of Science Degree in Busi- and teaching science, the world is her class- OF MINNESOTA ness Education and subsequently taught for room. Debbie sees the goodness in people, IN THE HOUSE OF REPRESENTATIVES 10 years at Southwestern High School in De- and she believes that all children can be great Tuesday, May 6, 2008 troit. Many happily remember his efforts as he and she exhibits this through her teaching.’’ found the time to teach typing and accounting Madam Speaker, I ask my colleagues to join Mr. ELLISON. Madam Speaker, today is to the continuing education school at night and me in tribute to Mrs. Deborah Ann Harris for National Teachers Day, and Mr. RAMSTAD and the regular students during the day. inspiring the students at St. Francis Episcopal I want to pay tribute to all of America’s dedi- Gil has many hobbies as well. He faithfully Day School, and to congratulate her for earn- cated, talented and energetic teachers who studies the genealogy of the Francis family, ing this prestigious award. have so much influence on our Nation’s chil- tracing their roots back to Wales. Gill also ex- f dren and our country’s future. We thank them cels at stamp collecting, roller-skate dancing, for their sacrifice, selfless devotion to young and playing the piano. As well as being an ex- INTRODUCTION OF HOME OWNER- people and their public service. pert keyboardist, Gil has along the way done SHIP TAX CREDIT LEGISLATION We want to call special attention today to much to further the study and appreciation one such teacher, Minnesota’s ‘‘Teacher of level for pipe organs. Not the first book he has HON. LEE TERRY the Year,’’ Carleen Gulstad. Carleen, who put pen to paper for, ‘‘Michigan Pipe Organ OF NEBRASKA lives in Maple Grove, teaches language arts at Theaters’’ is his latest anticipated forthcoming IN THE HOUSE OF REPRESENTATIVES Hopkins North Jr. High School in Minnetonka, publication. He has distinguished himself serv- which serves the families of both the 3rd and ing as the Treasurer and then President of the Tuesday, May 6, 2008 5th Congressional Districts. She has been Detroit Theater Organ Society for a number of Mr. TERRY. Madam Speaker, today I, along teaching 8th and 9th grade students in English successful years. These days, lucky listeners with several of my colleagues, am introducing classes at Hopkins North since 1999. can happen upon the organ historian playing legislation to provide homebuyers with incen- Carleen is truly most deserving of this distin- the pipe organ at the famed Redford Theatre tives to purchase as a way of eliminating the guished honor from Education Minnesota. The for classic old films. excess inventory of homes, relieving some of award was announced Sunday, May 4, at its Gilbert Francis is a man of integrity, devoted the pressure on falling housing prices, and in- 44th annual awards program in Brooklyn Park, to his family, who has dedicated his life to his creasing housing demand at a time when Minnesota. wife Penny, his two children Carl and Nancy, mortgage lenders are tightening up their loan Madam Speaker, Carleen says that one of and their wonderful grand- and now great- requirements. her guiding principles as a teacher is to treat grandchildren. According to the Nebraska Business Fore- each student as an individual. ‘‘Every kid Madam Speaker, for eighty years Gilbert cast Council, December 2007, inventories of counts. Every kid has a story. And every kid Guy Francis has faithfully served his family completed and unsold housing units in Ne- has value,’’ Carleen says. ‘‘I teach them crit- and community. As he enters the next phase braska remain high. Although housing con- ical thinking. They need to decide for them- of his life, he continues a legacy of dedication, struction in Nebraska did not experience the selves.’’ skill of craft, and dignified leadership. Today, surge seen on the east and west coasts, it That kind of approach is what makes I ask my colleagues to join me in congratu- could take the balance of 2008 before new Carleen a great teacher, and our Nation’s out- lating Gilbert upon this momentous day and house inventories in Nebraska are drawn standing teachers carry those very same recognizing his years of loyal service to our down. Reducing these housing stocks in Ne- traits, teachers who are brilliant in their ability community and country. braska is critical to the continued growth of to offer encouragement, who can spark the

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MY8.005 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E831 imagination, instill in young people the drive to Also, through a large volume of tourism and I congratulate Mary Naughton for reaching reach for excellence in all their varied pursuits cultural sharing, countless citizens of Turkey this milestone of a birthday. I am extremely and the confidence to speak their minds. and Israel, not just the two governments, have honored to represent Mary in the United Carleen’s principal at Hopkins North Jr. developed strong bonds of benevolence, a States Congress and I wish her happiness High, Pat Schmidt, says: ‘‘Carleen has the sense of togetherness, collaboration, and mu- and health for many years to come. courage to lead discussions focusing on racial tual respect. f identity, religious affiliations, cultural and eth- At a time when dialogue between the par- nic customs and family membership.’’ ties to the Arab-Israeli conflict is needed, Tur- ON THE PASSING OF MILDRED To all of America’s teachers, thank you for key is once again in the unique position of LOVING your steadfast commitment to quality edu- maintaining positive relations with all the par- cation. Thank you for caring so much about ties to the conflict. This is undoubtedly an HON. JAMES P. MORAN our kids and their future. Thank you for over- asset for the region, and a great contribution OF VIRGINIA coming immense challenges to provide Min- to the security of Israel. The Israeli President IN THE HOUSE OF REPRESENTATIVES nesota’s and America’s children with the best Shimon Peres and President of the Palestinian education. Authority Mahmoud Abbas have addressed Tuesday, May 6, 2008 You hard-working, dedicated educators are the Turkish Parliament last year in November Mr. MORAN of Virginia. Madam Speaker, I Minnesota’s and America’s unsung heroes. and praised Turkey as an important ally in the rise to recognize the passing of a great lady With great challenges ahead, we need more peace process. President Peres’s speech was and civil rights icon, Mildred Loving. than ever to put partisanship aside, take off the first to a parliament by an Israeli head of I did not know Mrs. Loving personally, but I our Republican hats and our Democrat hats state anywhere in a predominantly Muslim do know of her accomplishments for which and come together as Americans. We must country. she deserves our praise and gratitude. find common ground to adequately support We also remember too well through what is At a time of Jim Crow and powerful forces public education and provide maximum flexi- known as The Ankara Forum, that Turkey has of racial hatred and segregation, Mildred bility at the local level to manage our schools recently sustained Israeli and Palestinian joint Delores Jeter and Richard Perry Loving and teach our children. efforts to provide support for economic devel- proved that the power of love and the simple Madam Speaker, our Nation salutes Carleen opment in the West Bank. Recent reports indi- act of living true to their beliefs was stronger Gulstad and all our remarkable teachers who cate that Turkey, investing on this ground of and more enduring than base bigotry. bring an exciting world of opportunity and jus- mutually earned respect, trust and confidence When Mildred and Richard married, they tice to the door of our children’s classrooms and taking steps at the request of both parties, were breaking the law. As an interracial cou- each and every day. It is often a thankless has now embarked on facilitating dialogue be- ple, it was illegal for them to be married in the and difficult task, but today we thank them for tween Syria and Israel. Commonwealth of Virginia. Instead, they ob- their great perseverance, commitment and in- Most members of the international commu- tained a marriage certificate from the District spiration. nity share the goal of a peaceful and pros- of Columbia but returned to live in Virginia, f perous Middle East. The security of all the their home. A short time later, they were ar- countries in the region, including Israel, is de- rested, literally in their bedroom, and hauled ON THE OCCASION OF THE STATE pendent on this. Turkey believes that dialogue off to jail. Under a plea bargain, they agreed OF ISRAEL’S 60TH ANNIVERSARY and cooperation are essential tools in working to a 1-year suspended sentence under the to make this dream a reality, and it is well condition that they not return together or at the HON. STEVE COHEN equipped to chart its course for the benefit of same time to Virginia. OF TENNESSEE Israel and her Arab neighbors, all for a peace- Inspired by the civil rights movement, the IN THE HOUSE OF REPRESENTATIVES ful and prosperous neighborhood. couple challenged Virginia’s Racial Integrity Tuesday, May 6, 2008 On this note, the 60th anniversary of the Act, taking Loving v. Virginia all the way to the State of Israel, I commend and encourage the Supreme Court—and winning. As the Wash- Mr. COHEN. Madam Speaker, as the State strong relationship between our two allies, ington Post reported today, Richard Loving of Israel commemorates its 60th anniversary, Turkey and Israel, which in fact stands strong- counseled the couple’s ACLU attorneys that I take this opportunity to recognize the longer and more robust by each day offering hope the real issue was actually very simple. ‘‘Tell standing friendship between the State of Israel for peace in the future. the court,’’ he said, ‘‘I love my wife, and it is and the Republic of Turkey. f just unfair that I can’t live with her in Virginia.’’ Turkey was the first country with a predomi- In my efforts to grant federal recognition to TRIBUTE TO MARY NAUGHTON nantly Muslim population to step forward and Virginia’s Native American people, I have recognize the Jewish State in 1949. Moreover, come across similar stories of courage, deter- for three decades the Republic of Turkey re- HON. TOM LATHAM mination and love fighting to overcome Vir- mained the only Muslim country to have full OF IOWA ginia’s legacy of racial division and subjuga- diplomatic representation in Israel. This histor- IN THE HOUSE OF REPRESENTATIVES tion. ical fact alone speaks well for the solid, spe- Tuesday, May 6, 2008 Today we recognize Mrs. Loving, her life, cial, and valuable relationship between Turkey her courage, and her determination for equal- and Israel. It is no wonder this relationship Mr. LATHAM. Madam Speaker, I rise today ity under the law. She was an American hero stands on its uniquely own merits—unmatched to congratulate Mary Naughton on the celebra- and we mourn her passing. in the entire Middle East. Historical facts and tion of her 90th birthday on April 29, 2008. [From the New York Times, May 6, 2008] recollections in the collective memories of both Mary was born on April 29, 1918 in Illinois. Turkish and Israeli peoples testify this sense She moved to Marshalltown, Iowa in 1948 MILDRED LOVING, WHO FOUGHT BAN ON MIXED MARRIAGE, DIES AT 68 of togetherness, standing shoulder to shoulder when she married John Naughton. They hap- in testing times. pily had two daughters, three sons, nine (By Douglas Martin) In recent years, more than 60 agreements grandchildren and one great-grandson. Mary Mildred Loving, a black woman whose have been enacted between the State of currently resides in Marshalltown and is an ac- anger over being banished from Virginia for marrying a white man led to a landmark Su- Israel and the Republic of Turkey in the eco- tive member of St. Mary’s Catholic Church. preme Court ruling overturning state mis- nomic and military fields. These have not only There have been many changes that have cegenation laws, died on May 2 at her home bolstered the bilateral relationship between the occurred during the past ninety years. in Central Point, Va. She was 68. United States and these two close friends and Since Mary’s birth we have revolutionized Peggy Fortune, her daughter, said the allies, but have also created a legal framework air travel and walked on the moon. We have cause was pneumonia. that serves to institutionalize the bonds we invented the television and the Internet. We The Supreme Court ruling, in 1967, struck have collectively developed. Since Turkey and have fought in wars overseas, seen the rise down the last group of segregation laws to Israel are the only two countries in the region and fall of Soviet communism and the birth of remain on the books—those requiring separation of the races in marriage. The ruling that have embraced the principles of democ- new democracies. Mary has lived through six- was unanimous, its opinion written by Chief racy and liberal market economy, it is easier teen United States Presidents and twenty Justice Earl Warren, who in 1954 wrote the to develop both the content and the depth of Governors of Iowa. And, in her lifetime the court’s opinion in Brown v. Board of Edu- the bilateral relations in a multitude of different population of the United States has nearly tri- cation, declaring segregated public schools fronts. pled. unconstitutional.

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MY8.036 E06MYPT1 erowe on PRODPC61 with REMARKS E832 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 In Loving v. Virginia, Warren wrote that When Mildred became pregnant at 18, they know that he will be successful in his future miscegenation laws violated the Constitu- decided to do what was elsewhere deemed the endeavors. tion’s equal protection clause. ‘‘We have con- right thing and get married. They both said sistently denied the constitutionality of their initial motive was not to challenge Vir- f measures which restrict the rights of citi- ginia law. SENSE OF HOUSE OF ESTAB- zens on account of race,’’ he said. ‘‘We have thought about other people,’’ Mr. LISHING A NATIONAL TEACHER By their own widely reported accounts, Loving said in an interview with Life maga- Mrs. Loving and her husband, Richard, were zine in 1966, ‘‘but we are not doing it just be- DAY in bed in their modest house in Central Point cause somebody had to do it and we wanted SPEECH OF in the early morning of July 11, 1958, five to be the ones. We are doing it for us.’’ weeks after their wedding, when the county In his classic study of segregation, ‘‘An HON. DEBBIE WASSERMAN SCHULTZ sheriff and two deputies, acting on an anony- American Dilemma,’’ Gunnar Myrdal wrote OF FLORIDA mous tip, burst into their bedroom and that ‘‘the whole system of segregation and shined flashlights in their eyes. A threat- discrimination is designed to prevent even- IN THE HOUSE OF REPRESENTATIVES ening voice demanded, ‘‘Who is this woman tual inbreeding of the races.’’ Monday, May 5, 2008 you’re sleeping with?’’ But miscegenation laws struck deeper than Mrs. Loving answered, ‘‘I’m his wife.’’ other segregation acts, and the theory be- Ms. WASSERMAN SCHULTZ. Mr. Speaker, Mr. Loving pointed to the couple’s mar- hind them leads to chaos in other facets of I rise today in support of House Resolution riage certificate hung on the bedroom wall. law. This is because they make any affected 952, to honor and recognize our Nation’s The sheriff responded, ‘‘That’s no good marriage void from its inception. Thus, all teachers. I want to thank my colleague and here.’’ children are illegitimate; spouses have no in- The certificate was from Washington, D.C., good friend, Congressman RON KLEIN for heritance rights; and heirs cannot receive and under Virginia law, a marriage between sponsoring this resolution. Today marks the death benefits. people of different races performed outside ‘‘When any society says that I cannot beginning of National Teacher Appreciation Virginia was as invalid as one done in Vir- marry a certain person, that society has cut Week, but America’s teachers deserve more ginia. At the time, it was one of 16 states off a segment of my freedom,’’ the Rev. Dr. than a week of recognition for their investment that barred marriages between races. After Mr. Loving spent a night in jail and Martin Luther King Jr. said in 1958. in our country’s most precious resource, our his wife several more, the couple pleaded Virginia’s law had been on the books since children. guilty to violating the Virginia law, the Ra- 1662, adopted a year after Maryland enacted Too often teachers are overworked and un- cial Integrity Act. Under a plea bargain, the first such statute. At one time or an- derpaid. They spend long hours in the class- their one-year prison sentences were sus- other, 38 states had miscegenation laws. room, many hours after the school day coach- pended on the condition that they leave Vir- State and federal courts consistently upheld the prohibitions, until 1948, when the Cali- ing our kids and leading their extracurricular ginia and not return together or at the same groups, and then go home to spend more time time for 25 years. fornia Supreme Court overturned Califor- Judge Leon M. Bazile, in language Chief nia’s law. grading papers. They invest their own lives in Justice Warren would recall, said that if God Though the Supreme Court’s 1967 decision the lives of our children, and every day they had meant for whites and blacks to mix, he in the Loving case struck down miscegena- empower young people with the knowledge would have not placed them on different con- tion laws, Southern states were sometimes and tools they need to be successful and con- tinents. Judge Bazile reminded the defend- slow to change their constitutions; Alabama fident. America’s future is in the hands of our ants that ‘‘as long as you live you will be became the last state to do so, in 2000. children, and we owe our teachers a universe known as a felon.’’ Mr. Loving died in a car accident in 1975, They paid court fees of $36.29 each, moved and the Lovings’ son Donald died in 2000. In of thanks for their hard work. to Washington and had three children. They addition to her daughter, Peggy Fortune, f returned home occasionally, never together. who lives in Milford, Va., Mrs. Loving is sur- But times were tough financially, and the vived by her son, Sidney, of Tappahannock, RECOGNIZING THE BUCKHEAD Lovings missed family, friends and their Va.; eight grandchildren; and 11 great-grand- COALITION’S INITIATIVE TO easy country lifestyle in the rolling Virginia children. EQUIP PHARMACIES WITH hills. Mrs. Loving stopped giving interviews, but BACKUP POWER GENERATORS By 1963, Mrs. Loving could stand the ostra- last year issued a statement on the 40th an- TO BE USED IN THE EVENT OF cism no longer. Inspired by the civil rights niversary of the announcement of the Su- AN EMERGENCY movement and its march on Washington, she preme Court ruling, urging that gay men and wrote Attorney General Robert F. Kennedy lesbians be allowed to marry. and asked for help. He wrote her back, and f HON. JOHN LEWIS referred her to the American Civil Liberties OF GEORGIA Union. IN HONOR OF COACH PHILIP LEVY IN THE HOUSE OF REPRESENTATIVES The A.C.L.U. took the case. Its lawyers, Bernard S. Cohen and Philip J. Hirschkop, Tuesday, May 6, 2008 faced an immediate problem: the Lovings HON. CHARLES W. ‘‘CHIP’’ PICKERING OF MISSISSIPPI Mr. LEWIS of Georgia. Madam Speaker, I had pleaded guilty and had no right to ap- rise today to commend the Buckhead Coalition peal. So they asked Judge Bazile to set aside IN THE HOUSE OF REPRESENTATIVES of Atlanta, Georgia, for its innovative program his original verdict. When he refused, they Tuesday, May 6, 2008 appealed. The Virginia Supreme Court of Ap- to ensure that Atlanta residents are able to ac- peals upheld the lower court, and the case Mr. PICKERING. Madam Speaker, I would cess prescription medications in the event of a went to the United States Supreme Court. like to honor Coach Philip Levy, as he leaves disaster or power outage. Buckhead Coalition Mr. Cohen recounted telling Mr. Loving the Veritas School to pursue his law degree at is a nonprofit organization of chief executive about various legal theories applying to the the University of Mississippi. At the Veritas officers, business owners and community case. Mr. Loving replied, ‘‘Mr. Cohen, tell leaders representing part of the Fifth Congres- the court I love my wife, and it is just unfair School, Philip taught both Latin and human- that I can’t live with her in Virginia.’’ ities while also serving as a coach. sional District of Georgia. Led by its president Mildred Delores Jeter’s family had lived in Philip Levy grew up in Jackson and has and my good friend, former Atlanta Mayor Caroline County, Va., for generations, as had served as head soccer coach at the Veritas Sam Massell, the Buckhead Coalition is ad- the family of Richard Perry Loving. The School for a year now. He coached both the vancing a plan to equip pharmacies and drug area was known for friendly relations be- high school boys and girls soccer teams. This stores with backup power generators to en- tween races, even though marriages were for- year, he led the girls’ team all the way to the sure that people are able to have access to bidden. Many people were visibly of mixed State Championship. In his athletes, he built their medications in the event of a disaster, ei- race, with Ebony magazine reporting in 1967 that black ‘‘youngsters easily passed for character, leadership, sportsmanship, and ther natural or manmade. white in neighboring towns.’’ teamwork; in the classroom he trained his stu- One of the lessons learned from Hurricane Mildred’s mother was part Rappahannock dents to seek truth. The entire Veritas School Katrina’s devastation of New Orleans and the Indian, and her father was part Cherokee. is thankful for Philip’s invaluable example that Gulf Coast was the necessity for emergency She preferred to think of herself as Indian he provided to all of his students and athletes. generators in pharmacies. In today’s business rather than black. Madam Speaker, I hope the Congress joins environment, pharmacies cannot operate with- Mildred and Richard began spending time together when he was a rugged- looking 17 me in paying tribute to Coach Philip Levy for out working computers, refrigerators and other and she was a skinny 11-year-old known as his leadership and for serving as a role model. electrical equipment. In the Buckhead area, of Bean. He attended an all-white high school He has touched the lives of many young stu- the twenty-two pharmacies, now only four do for a year, and she reached 11th grade at an dents, and I know they will be forever grateful. not have emergency generators. According to all-black school. I wish him well in Ole Miss Law School and the American Pharmaceutical Association, the

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.039 E06MYPT1 erowe on PRODPC61 with REMARKS May 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E833 pharmacies of Buckhead provide prescription threatening the health, environment, and econ- science. That is why I will soon be introducing medications to more than 32,000 of the neigh- omy of communities large and small. legislation to improve the coordination of the borhood’s 70,000 residents. An estimated From 1999 to 2009, the Nation’s electricity Federal science, technology, engineering, and 6,500 of these medications are dispensed on demand rose nearly 20 percent while our mathematics education efforts, helping foster a daily basis, with many of them being time- transmission capacity grew only 3.5 percent. cooperation between the States and Federal sensitive medications for senior citizens. By 2050, we will build 89 million new or re- agencies. In order to prevent a potential disaster, the placed homes as well as 190 billion square As a Member of the House Appropriations Buckhead Coalition, in conjunction with Home feet of new offices and other non-residential Committee, one of my highest priorities is in- Depot and Georgia Power, has created a sub- buildings. Strategic development choices could creasing funding for Federal education pro- sidy to cover up to seventy-five percent of the reduce total transportation-related CO2 emis- grams that will ease the burden on States and cost for purchasing a generator. This subsidy sions by 7 to 10 percent. localities to provide vital education services. significantly reduces the barriers of cost, mak- The American people, it should be noted, We need to give our teachers more than an ing it much easier and more affordable for have met similar challenges in the past. This apple. They need well-equipped classrooms, these pharmacies to be equipped with these year marks the bicentennial of the Gallatin instructional materials, and up-to-date facili- possibly life-saving generators. Plan, crafted by President Jefferson’s Sec- ties. They need smaller classes, a diverse cur- I commend the Buckhead Coalition, Home retary of the Treasury, Albert Gallatin, to de- riculum, time to prepare, and adequate com- Depot and Georgia Power for coming together velop the infrastructure needed by our new pensation. When budgets are tight, teachers to provide this opportunity, this safety net, for nation. One hundred years later, President are often expected to accomplish the same my community. I encourage other communities Theodore Roosevelt invited every state and goals, but without sufficient help. We must in- to emulate this plan. territorial governor to join members of his Cab- crease funding for education. f inet and Congress, professional organizations, and government bureaus in a National Con- I would also like to take this opportunity to INTRODUCING THE U.S. COMMIS- ference at the White House to plan for the in- publicly congratulate Mrs. Dawn O’Connor, SION ON REBUILDING AMERICA frastructure needs for the 20th century. Today, who hails from California’s 15th District, for re- FOR THE 21ST CENTURY ACT a new national vision and plan is necessary to ceiving the 2008 Presidential Award for Excel- meet the challenges of the 21st century. lence in Science Teaching. Since 1983, the HON. EARL BLUMENAUER f Presidential Awards for Excellence in Mathe- OF OREGON matics and Science Teaching have honored IN APPRECIATION OF THE CON- IN THE HOUSE OF REPRESENTATIVES outstanding kindergarten through 12th grade TRIBUTIONS AND ACHIEVE- mathematics and science teachers for their Tuesday, May 6, 2008 MENTS OF OUR TEACHERS contributions in the classroom and to their pro- Mr. BLUMENAUER. Madam Speaker, today fession. I am honored to recognize Mrs. I am introducing the United States Commis- HON. MICHAEL M. HONDA O’Connor as a recipient of the Presidential sion on Rebuilding America for the 21st Cen- OF CALIFORNIA Award, the highest recognition that a mathe- tury Act. The challenges of the 21st century IN THE HOUSE OF REPRESENTATIVES matics or science teacher can receive. Mrs. require a renewed national focus on the infra- O’Connor teaches seventh grade biology at structure that is essential to our cities, our Tuesday, May 6, 2008 Ascencion Solorsano Middle School in the rural communities, our economy, and the Mr. HONDA. Madam Speaker, this week we Gilroy Unified School District. Mrs. O’Connor health of our planet. We have neglected the celebrate National Teacher Appreciation and I had the pleasure of meeting last week foundations of America’s communities, threat- Week. It is a time for us to recognize the during her visit to Washington, DC, and I was ening our environment and our future eco- teachers who are working hard today to pre- extremely impressed by her accomplishments. nomic prosperity. pare students for the future, and the teachers This Act will provide a mechanism for Con- who helped each of us become who we are. f gress to reach out to the American people and As a former teacher, I feel strongly about the develop a national vision to guide infrastruc- work that today’s teachers are doing. Beyond THE DAILY 45: D.C. RESIDENT ture investment for the twenty-first century. the rhetoric of ‘‘failing schools’’ there is a re- MURDERED ON SCHOOL STEPS The legislation creates a commission of 17 ality in which teachers in classrooms across members appointed by Congress, the Admin- the country are doing incredible work, with dif- istration, and State and local governments, to ficult students and limited resources. Many of HON. BOBBY L. RUSH synthesize existing reports to identify chal- these teachers are devoting extra hours to OF ILLINOIS lenges and needs; to commence a thorough help struggling students, to learn new teaching set of public hearings on infrastructure con- techniques, and to develop innovative strate- IN THE HOUSE OF REPRESENTATIVES ducted in not fewer than 50 Congressional dis- gies and programs to improve student learn- Tuesday, May 6, 2008 tricts across the United States to ensure geo- ing, and using their personal financial re- graphic and demographic representation; and sources to acquire needed supplies and Mr. RUSH. Madam Speaker, every day, to articulate a national vision for infrastructure equipment. somewhere in America, an average of 45 peo- investments. There is no doubt that teachers are the core ple are shot and killed at the hands of a gun- Those challenges are both myriad and sig- of our education system. As much as re- wielding assailant. This senseless loss of life nificant. Consider: searchers and policymakers debate the values comes in all shapes, sizes, colors and zip To avoid the worst effects of climate of standards and assessment and incentives codes. change, we must greatly reduce our carbon and reform, education occurs in a classroom, On March 12, 2008, 23-year-old Anthony emissions. Transportation is the second larg- and consists of an interaction between a Maddox, of Washington, DC, was killed on the est—and fastest growing—source of U.S. CO2 teacher and his or her students. Good policy steps outside Truesdell Elementary School emissions. Personal vehicle use accounts for will help these teachers and support them in when small children were still inside. Fortu- nearly 60 percent of these emissions. their work. America’s teachers provide instruc- nately, no children were harmed but they were The National Surface Transportation Policy tion in academic subjects, such as English, surely traumatized by the fact that a man from and Revenue Study Commission recently cal- Math, Science, History, and PE, but they also their neighborhood, casually socializing with culated that maintaining our existing transpor- teach social-behavioral skills, and look out for neighbors on a balmy spring night, suddenly tation system over the next 50 years will re- their students’ health and well-being. Good lost his life at the hands of a gun. quire $225 billion annually. teachers do not just teach a subject, they The American Society of Civil Engineers teach the whole child. In the words of the late revolutionary patriot, has given our nation’s public infrastructure— Today’s teachers face a unique set of chal- Thomas Paine, ‘‘these are the times that try water, sewer, and transportation systems—a lenges in providing students with the knowl- men’s souls.’’ These times require action, right grade of D-minus, estimating that it will cost edge and skills they will need to be successful now, from men and women like me who are $1.6 trillion over the next 5 years merely to rein tomorrow’s workforce. To be competitive, determined to stop the carnage. pair our existing infrastructure. our students need much more than they did We must stop the senseless murders of More than 72,000 miles of municipal water just a decade ago. They now need advanced ‘‘The Daily 45.’’ When will Americans say and sewer pipe are more than 80 years old, technology skills and a solid understanding of ‘‘enough is enough, stop the killing!’’

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MY8.043 E06MYPT1 erowe on PRODPC61 with REMARKS E834 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 2008 SUNSET MEMORIAL due process of law.’’ Madam Speaker, pro- It is May 6, 2008, 12,888 days since Roe tecting the lives of our innocent citizens and versus Wade first stained the foundation of HON. TRENT FRANKS their constitutional rights is why we are all this Nation with the blood of its own children, OF ARIZONA here. this in the land of the free and the home of the The bedrock foundation of this Republic is IN THE HOUSE OF REPRESENTATIVES brave. the clarion declaration of the self-evident truth Tuesday, May 6, 2008 that all human beings are created equal and f Mr. FRANKS of Arizona. Madam Speaker, I endowed by their Creator with the unalienable stand once again before this House with yet rights of life, liberty and the pursuit of happi- TRIBUTE TO FLORENCE MCCOWN another Sunset Memorial. ness. Every conflict and battle our Nation has It is May 6, 2008, in the land of the free and ever faced can be traced to our commitment HON. TOM LATHAM the home of the brave, and before the sun set to this core, self-evident truth. OF IOWA today in America, almost 4,000 more defense- It has made us the beacon of hope for the less unborn children were killed by abortion on entire world. Madam Speaker, it is who we IN THE HOUSE OF REPRESENTATIVES demand. That’s just today, Madam Speaker. are. Tuesday, May 6, 2008 That’s more than the number of innocent lives And yet today another day has passed, and lost on September 11 in this country, only it we in this body have failed again to honor that Mr. LATHAM. Madam Speaker, I rise today happens every day. foundational commitment. We have failed our to congratulate Florence McCown on the cele- It has now been exactly 12,888 days since sworn oath and our God-given responsibility bration of her 100th birthday on April 27, as we broke faith with nearly 4,000 more inno- the tragedy called Roe v. Wade was first 2008. cent American babies who died today without handed down. Since then, the very foundation Florence was born on April 27, 1908 on a the protection we should have given them. of this Nation has been stained by the blood farm near Aplington, Iowa. In 1933, she mar- Madam Speaker, let me conclude in the ried Burton McCown, and the couple resided of almost 50 million of its own children. Some hope that perhaps someone new who heard of them, Madam Speaker, died and screamed in Eldora, Iowa. Florence and her husband this Sunset Memorial tonight will finally em- owned a hardware store in New Providence as they did so, but because it was amniotic brace the truth that abortion really does kill lit- fluid passing over the vocal cords instead of and a plumbing and heating store in Eldora. tle babies; that it hurts mothers in ways that She also taught for several years in the New air, no one could hear them. we can never express; and that 12,888 days And all of them had at least four things in Providence schools. Florence was a member spent killing nearly 50 million unborn children of a state tournament qualifying basketball common. First, they were each just little ba- in America is enough; and that the America bies who had done nothing wrong to anyone, team and remained active in athletic events that rejected human slavery and marched into for the majority of her life. Florence currently and each one of them died a nameless and Europe to arrest the Nazi Holocaust is still lonely death. And each one of their mothers, resides at Grandview Heights in Marshalltown, courageous and compassionate enough to Iowa. whether she realizes it or not, will never be find a better way for mothers and their unborn quite the same. And all the gifts that these babies than abortion on demand. There have been many changes that have children might have brought to humanity are So tonight, Madam Speaker, may we each occurred during the past ninety years. Since now lost forever. Yet even in the glare of such remind ourselves that our own days in this Florence’s birth we have revolutionized air tragedy, this generation still clings to a blind, sunshine of life are also numbered and that all travel and walked on the moon. We have in- invincible ignorance while history repeats itself too soon each one of us will walk from these vented the television and the Internet. We and our own silent genocide mercilessly anni- Chambers for the very last time. have fought in wars overseas, seen the rise hilates the most helpless of all victims, those And if it should be that this Congress is al- and fall of Soviet communism and the birth of yet unborn. lowed to convene on yet another day to come, new democracies. Florence has lived through Madam Speaker, perhaps it’s time for those may that be the day when we finally hear the eighteen United States Presidents and twenty- of us in this Chamber to remind ourselves of cries of innocent unborn children. May that be four Governors of Iowa. And, in her lifetime why we are really all here. Thomas Jefferson the day when we find the humanity, the cour- the population of the United States has more said, ‘‘The care of human life and its happi- age, and the will to embrace together our than tripled. ness and not its destruction is the chief and human and our constitutional duty to protect I congratulate Florence McCown for reach- only object of good government.’’ The phrase these, the least of our tiny, little American ing this milestone of a birthday. I am ex- in the 14th amendment capsulizes our entire brothers and sisters from this murderous tremely honored to represent Florence in the Constitution, it says, ‘‘No State shall deprive scourge upon our Nation called abortion on United States Congress, and I wish her happi- any person of life, liberty or property without demand. ness and health for many years to come.

VerDate Aug 31 2005 05:22 May 07, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MY8.047 E06MYPT1 erowe on PRODPC61 with REMARKS Tuesday, May 6, 2008 Daily Digest Senate Reid Amendment No. 4630 (to the language pro- Chamber Action posed to be stricken by Amendment No. 4627), to Routine Proceedings, pages S3751–S3838 change the enactment date. Page S3761 Measures Introduced: Nine bills and four resolu- Reid Amendment No. 4631 (to Amendment No. tions were introduced, as follows: S. 2976–2984, S. 4630), of a perfecting nature. Page S3761 Res. 551–553, and S. Con. Res. 79. Page S3790 Motion to commit the bill to the Committee on Finance, with instructions to report back forthwith, Measures Passed: with Reid Amendment No. 4636, to change the en- House of Representatives Salary Schedule: Com- actment date. Page S3761 mittee on Rules and Administration was discharged Reid Amendment No. 4637 (to Amendment No. from further consideration of H.R. 5493, to provide 4636), of a perfecting nature. Page S3761 that the usual day for paying salaries in or under the Rockefeller Amendment No. 4642 (to Amend- House of Representatives may be established by reg- ment No. 4637), of a perfecting nature. Page S3761 ulations of the Committee on House Administration, During consideration of this measure today, Senate and the bill was then passed, after agreeing to the also took the following action: following amendment proposed thereto: By 49 yeas to 42 nays (Vote No. 115), three-fifths Pages S3836–37 of those Senators duly chosen and sworn, not having Reid/McConnell Amendment No. 4712, to pro- voted in the affirmative, Senate rejected the motion pose a technical amendment relating to Senate pay to close further debate on Rockefeller Amendment periods. Page S3837 No. 4627 (listed above). Page S3777 State of Minnesota 150th Anniversary: Senate Senator Reid entered a motion to reconsider the agreed to S. Res. 552, recognizing the 150th anni- vote by which cloture was not invoked on Rocke- versary of the State of Minnesota. Page S3837 feller Amendment No. 4627. Page S3777 Charles County, Maryland 350th Anniversary: Subsequently, the motion to invoke cloture on the Senate agreed to S. Res. 553, congratulating Charles bill was withdrawn. Page S3777 County, Maryland, on the occasion of its 350th anni- Flood Insurance Reform and Modernization Act: versary. Pages S3837–38 Senate resumed consideration of the motion to proceed to consideration of S. 2284, to amend the Na- Measures Considered: tional Flood Insurance Act of 1968, to restore the fi- FAA Reauthorization Act: Senate resumed consid- nancial solvency of the flood insurance fund. eration of H.R. 2881, to amend title 49, United Pages S3779–84 States Code, to authorize appropriations for the Fed- During consideration of this measure today, Senate eral Aviation Administration for fiscal years 2008 also took the following action: through 2011, to improve aviation safety and capac- By 90 yeas to 1 nay (Vote No. 116), three-fifths ity, to provide stable funding for the national avia- of those Senators duly chosen and sworn, having tion system, and taking action on the following voted in the affirmative, Senate agreed to the motion amendments proposed thereto: Pages S3761–77 to close further debate on the motion to proceed to Pending: consideration of the bill. Page S3779 Rockefeller Amendment No. 4627, in the nature A unanimous-consent agreement was reached proof a substitute. Page S3761 viding for further consideration of the motion to Reid Amendment No. 4628 (to Amendment No. proceed to consideration of the bill at approximately 4627), to change the enactment date. Page S3761 10:30 a.m., on Wednesday, May 7, 2008, and that Reid Amendment No. 4629 (to Amendment No. all time during the adjournment, recess, or period of 4628), of a perfecting nature. Page S3761 morning business count against cloture. Page S3838 D549

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST D550 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2008 Removal of Injunction of Secrecy: The injunction Adjournment: Senate convened at 10 a.m. and ad- of secrecy was removed from the following treaty: journed at 7:12 p.m., until 9:30 a.m. on Wednes- Tax Convention with Iceland (Treaty Doc. No. day, May 7, 2008. (For Senate’s program, see the re- 110–17). marks of the Majority Leader in today’s Record on The treaty was transmitted to the Senate today, page S3838.) considered as having been read for the first time, and referred, with accompanying papers, to the Com- mittee on Foreign Relations and ordered to be print- Committee Meetings ed. Page S3838 (Committees not listed did not meet) Nominations Received: Senate received the following nominations: NATIONAL MARINE SANCTUARIES Troy A. Paredes, of Missouri, to be a Member of Committee on Commerce, Science, and Transportation: Sub- the Securities and Exchange Commission for a term committee on Oceans, Atmosphere, Fisheries, and expiring June 5, 2013. Coast Guard concluded an oversight hearing to ex- Cynthia L. Bauerly, of Minnesota, to be a Member amine the National Oceanic and Atmospheric Ad- of the Federal Election Commission for a term expir- ministration, including H.R. 1187, to expand the ing April 30, 2011. boundaries of the Gulf of the Farallones National Caroline C. Hunter, of Florida, to be a Member Marine Sanctuary and the Cordell Bank National of the Federal Election Commission for a term expir- Marine Sanctuary, and S. 2281, to expand the ing April 30, 2013. boundaries of the Thunder Bay National Marine Donald F. McGahn, of the District of Columbia, Sanctuary and Underwater Preserve, after receiving to be a Member of the Federal Election Commission testimony from Senator Levin; Vice Admiral Conrad for a term expiring April 30, 2009. Page S3838 Lautenbacher, Jr., USN (Ret.), Under Secretary of Nominations Withdrawn: Senate received notifica- Commerce for Oceans and Atmosphere, and Admin- tion of withdrawal of the following nominations: istrator, National Ocean and Atmospheric Adminis- Robert J. Battista, of Michigan, to be a Member tration; Jefferson Gray, Thunder Bay National Ma- of the National Labor Relations Board for the term rine Sanctuary and Underwater Preserve, Alpena, of five years expiring December 16, 2009, which was Michigan; Susan L. Williams, University of Cali- sent to the Senate on January 25, 2008. fornia-Davis, Bodega Bay; and Kathy Fosmark, Alli- David M. Mason, of Virginia, to be a Member of ance of Communities for Sustainable Fisheries, Mon- the Federal Election Commission for a term expiring terey, California. April 30, 2009, which was sent to the Senate on PERCHLORATE AND TCE IN WATER January 9, 2007. Robert D. Lenhard, of Maryland, to be a Member Committee on Environment and Public Works: Com- of the Federal Election Commission for a term expir- mittee concluded a hearing to examine perchlorate ing April 30, 2011, which was sent to the Senate and trichloroethylene (TCE) in water, including S. on January 9, 2007. Page S3838 24, to amend the Safe Drinking Water Act to require a health advisory and monitoring of drinking Messages from the House: Pages S3788–89 water for perchlorate, after receiving testimony from Measures Placed on the Calendar: Benjamin H. Grumbles, Assistant Administrator for Pages S3751, S3789 Water, Environmental Protection Agency; George V. Executive Communications: Pages S3789–90 Alexeeff, California Environmental Protection Agen- cy Office of Environmental Health Hazard Assess- Additional Cosponsors: Pages S3790–93 ment, Sacramento; Michael G. Baker, Ohio Environ- Statements on Introduced Bills/Resolutions: mental Protection Agency Division of Drinking and Pages S3793–S3803 Ground Waters, Columbus, on behalf of the Associa- Additional Statements: Pages S3786–88 tion of State Drinking Water Administrators; Carol Rowan West, Massachusetts Department of Environ- Amendments Submitted: Pages S3803–36 mental Protection Office of Research and Standards, Notices of Hearings/Meetings: Page S3836 Boston; New York State Representative Donna A. Authorities for Committees to Meet: Page S3836 Lupardo, Albany; Gail Charnley, HealthRisk Strate- gies, and Richard Wiles, Environmental Working Privileges of the Floor: Page S3836 Group, both of Washington, D.C.; and David G. Record Votes: Two record votes were taken today. Hoel, Medical University of South Carolina, Charles- (Total—116) Pages S3777, S3779 ton.

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HEALTH CARE REFORM President and Secretary of State on Holocaust Issues, Committee on Finance: Committee concluded a hearing Washington, D.C.; and Samuel J. Dubbin, Dubbin to examine seizing the new opportunity for health and Kravetz, LLP, Miami, Florida. care reform, after receiving testimony from Donna E. FORECLOSURE CRISIS Shalala, University of Miami, Miami, Florida, and Tommy G. Thompson, Logistics Health, Inc., Wash- Committee on the Judiciary: Subcommittee on Admin- ington, D.C., both former Secretaries of Health and istrative Oversight and the Courts concluded a hear- Human Services. ing to examine policing lenders and protecting homeowners, focusing on the current housing fore- INTERNATIONAL COMMISSION ON closure crisis, after receiving testimony from Clifford HOLOCAUST ERA INSURANCE CLAIMS J. White, III, Director, Executive Office for United Committee on Foreign Relations: Committee concluded States Trustees, Department of Justice; Steve Bailey, a hearing to examine the International Commission Countrywide Financial Corporation, Simi Valley, on Holocaust Era Insurance Claims (ICHEIC), after California; Debra Miller, Standing Chapter 13 Trust- receiving testimony from Anna B. Rubin, New York ee, South Bend, Indiana; Katherine Porter, Univer- State Banking Department Holocaust Claims Proc- sity of Iowa College of Law, Iowa City; and Robin essing Office, Roman Kent, American Gathering of Atchley, Ballground, Georgia. Jewish Holocaust Survivors and Their Descendants, and Thane Rosenbaum, Fordham Law School, all of NOMINATION New York, New York; Jack Rubin, Holocaust Sur- Select Committee on Intelligence: Committee concluded a vivors of West Palm Beach, Boynton Beach, Florida; hearing to examine the nomination of Michael E. Lawrence S. Eagleburger, former Secretary of State Leiter, of the District of Columbia, to be Director and former Chairman, International Commission on of the National Counterterrorism Center, Office of Holocaust Era Insurance Claims, Charlottes- the Director of National Intelligence, after the nomi- ville,Virginia; Stuart E. Eizenstat, Covington and nee, who was introduced by former Senator Robb, Burling LLP, former Special Representative of the testified and answered questions in his own behalf. h House of Representatives duction of renewable energy and energy conservation Chamber Action (H. Rept. 110–622). Page H3108 Public Bills and Resolutions Introduced: 12 pub- Speaker: Read a letter from the Speaker wherein she lic bills, H.R. 5970–5981; and 3 resolutions, H. appointed Representative Pastor to act as Speaker Con. Res. 342; and H. Res. 1176–1177, were intro- Pro Tempore for today. Page H3053 duced. Page H3108 Recess: The House recessed at 10:58 a.m. and re- Additional Cosponsors: Pages H3108–09 convened at noon. Page H3056 Reports Filed: Reports were filed today as follows: Journal: The House agreed to the Speaker’s approval H. Res. 1174, providing for consideration of the bill of the Journal by a recorded vote of 220 ayes to 182 (H.R. 5818) to authorize the Secretary of Housing noes, with 1 voting ‘‘present’’, Roll No. 246. and Urban Development to make loans to States to Page H3061 acquire foreclosed housing and to make grants to States for related costs (H. Rept. 110–621) and H. Motion to Adjourn: Rejected the Walsh (NY) mo- Res. 1175, providing for consideration of the Senate tion to adjourn by a yea-and-nay vote of 152 yeas amendments to the bill (H.R. 3221) moving the to 255 nays, Roll No. 245. Pages H3060–61 United States toward greater energy independence Oath of Office—Sixth Congressional District of and security, developing innovative new tech- Louisiana: Representative-elect Don Cazayoux pre- nologies, reducing carbon emissions, creating green sented himself in the well of the House and was ad- jobs, protecting consumers, increasing clean renew- ministered the Oath of Office by the Speaker. Ear- able energy production, and modernizing our energy lier, the Clerk of the House transmitted a facsimile infrastructure, and to amend the Internal Revenue copy of a letter from the Honorable Jay Dardenne, Code of 1986 to provide tax incentives for the pro-

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST D552 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2008 Secretary of State for the State of Louisiana, indi- aliens charged with a felony or two or more mis- cating that, according to the unofficial returns of the demeanors; Pages H3083–85 Special Election held on May 3, 2008, the Honor- Facilitating the preservation of certain affordable Don Cazayoux was elected Representative to able housing dwelling units: H.R. 5937, to facili- Congress for the Sixth Congressional District, State tate the preservation of certain affordable housing of Louisiana. Pages H3062, H3106 dwelling units; and Pages H3093–96 Whole Number of the House: The Speaker an- Coin Modernization and Taxpayer Savings Act nounced to the House that, in light of the adminis- of 2008: tration of the oath to the gentleman from Louisiana, H.R. 5512, amended, to authorize the Sec- Mr. Don Cazayoux, the whole number of the House retary of the Treasury to prescribe the weights and the compositions of circulating coins. Pages H3096–99 is adjusted to 433. Page H3062 Food and Energy Security Act of 2007—Motion Suspensions—Proceedings Resumed: The House to Instruct Conferees: Rejected the Ryan (WI) mo- agreed to suspend the rules and pass the following tion to instruct conferees on H.R. 2419, to provide measures which were debated on Monday, May 5th: for the continuation of agricultural programs Amending the Foreign Service Act of 1980 to through fiscal year 2012, by a yea-and-nay vote of permit rest and recuperation travel to United 172 yeas to 241 nays, Roll No. 247. Consideration States territories for members of the Foreign Serv- of the motion began on Thursday, May 1st. ice: H.R. 3658, to amend the Foreign Service Act Pages H3062–64 of 1980 to permit rest and recuperation travel to Subsequently, the House agreed to the Hastings United States territories for members of the Foreign (FL) motion to table the Walsh (NY) motion to re- Service, by a 2⁄3 yea-and-nay vote of 416 yeas with consider the vote by a recorded vote of 203 ayes to none voting ‘‘nay’’, Roll No. 249; Pages H3085–86 176 noes, Roll No. 248. Pages H3063–64 The House further agreed to the Hastings (FL) Intent to Offer Motion to Instruct Conferees: motion to table the Rogers (KY) motion to recon- Representative Cantor gave notice of his intent to sider the vote, by a recorded vote of 226 ayes to 190 offer a motion to instruct conferees on H.R. 2419, noes, Roll No. 250. Page H3086 Food and Energy Security Act of 2007. Page H3064 Condemning the Burmese regime’s undemocratic Suspensions: The House debated the following constitution and scheduled referendum: H. Con. measures under suspension of the rules. Further pro- Res. 317, amended, to condemn the Burmese re- ceedings were postponed: gime’s undemocratic constitution and scheduled ref- Recognizing National Nurses Week on May 6 erendum, by a 2⁄3 recorded vote of 413 ayes to 1 no, through May 12, 2008: H. Res. 1086, to recognize Roll No. 251; Pages H3087–88 National Nurses Week on May 6 through May 12, The House further agreed to the Hastings (FL) 2008; Pages H3064–67 motion to table the Rogers (KY) motion to recon- Prioritizing Resources and Organization for In- sider the vote, by a recorded vote of 225 ayes to 190 tellectual Property Act of 2008: H.R. 4279, amend- noes, Roll No. 252. Pages H3087–88 ed, to enhance remedies for violations of intellectual Agreed to amend the title so as to read: ‘‘Con- property laws; Pages H3067–78 demning the Burmese regime’s undemocratic draft constitution and scheduled referendum.’’. Page H3087 Exempting the African National Congress from Agreed that in the engrossment of the amendment treatment as a terrorist organization for certain to the title of H. Con. Res. 317, the Clerk be au- acts or events, provide relief for certain members of thorized to correct any error in spelling. Page H3087 the African National Congress regarding admissibility: H.R. 5690, amended, to exempt the African Honoring the memory of Dith Pran by remem- National Congress from treatment as a terrorist orga- bering his life’s work and continuing to acknowl- nization for certain acts or events and to provide re- edge and remember the victims of genocides that lief for certain members of the African National have taken place around the globe: H. Res. 1109, Congress regarding admissibility; Pages H3078–83 amended, to honor the memory of Dith Pran by re- Amending the Immigration and Nationality Act membering his life’s work and continuing to ac- to provide for compensation to States incarcerating knowledge and remember the victims of genocides undocumented aliens charged with a felony or two that have taken place around the globe, by a 2⁄3 re- or more misdemeanors: H.R. 1512, to amend the corded vote of 413 ayes to 1 no, Roll No. 253; Immigration and Nationality Act to provide for Pages H3088–89 compensation to States incarcerating undocumented

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST May 6, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D553 The House further agreed to the Hastings (FL) Motion to Adjourn: Rejected the Culberson motion motion to table the Rogers (KY) motion to recon- to adjourn by a recorded vote of 138 ayes to 248 sider the vote, by a recorded vote of 225 ayes to 186 noes, Roll No. 261. Page H3096 noes, Roll No. 254. Page H3089 Motion to Adjourn: Rejected the Carter motion to Temporarily extending the programs under the adjourn by a yea-and-nay vote of 149 yeas to 236 Higher Education Act of 1965: S. 2929, amended, nays, Roll No. 262. Pages H3099–S3100 to temporarily extend the programs under the High- Food and Energy Security Act of 2007—Motion er Education Act of 1965, by a 2⁄3 recorded vote of to Instruct Conferees: The House began consider- 408 ayes with none voting ‘‘no’’, Roll No. 256; ation of the Flake motion to instruct conferees on Pages H3090–91 H.R. 2419, to provide for the continuation of agri- The House further agreed to the Hastings (FL) cultural programs through fiscal year 2012. Further motion to table the Emerson motion to reconsider proceedings were postponed. Pages H3102–06 the vote, by a recorded vote of 223 ayes to 189 noes, Motion to Adjourn: Agreed to the Pomeroy motion Roll No. 257. Page H3091 to adjourn by voice vote. Page H3106 Congratulating charter schools and their stu- Quorum Calls—Votes: Five yea-and-nay votes and dents, parents, teachers, and administrators across seventeen recorded votes developed during the pro- the United States for their ongoing contributions to ceedings of today and appear on pages H3060–61, education: H. Res. 1168, amended, to congratulate H3061, H3063, H3063–64, H3085–86, H3086, charter schools and their students, parents, teachers, H3087, H3087–88, H3088–89, H3089, H3089–90, and administrators across the United States for their H3090–91, H3091, H3091–92, H3092–93, H3093, ongoing contributions to education, by a 2⁄3 recorded H3096, H3099, H3100, H3100–01, H3101–02 and vote of 391 ayes to 2 noes with 1 voting ‘‘present’’, H3102. There were no quorum calls. Roll No. 263; and Pages H3100–01 The House further agreed to the Hastings (FL) Adjournment: The House met at 10:30 a.m. and adjourned at 8:08 p.m. motion to table the Carter motion to reconsider the vote, by a recorded vote of 215 ayes to 182 noes, Roll No. 264. Pages H3100–01 Committee Meetings Honoring the recipients of the El Dorado Prom- FEDERAL U.S. WORKER RECRUITMENT ise scholarship: H. Res. 1155, amended, to honor PROGRAMS the recipients of the El Dorado Promise scholarship, 2 Committee on Education and Labor: Held a hearing on by a ⁄3 recorded vote of 390 ayes to 1 no, Roll No. Do Federal Programs Ensure U.S. Workers Are Re- 265. Pages H3101–02 cruited First Before Employers Hire From Abroad? The House further agreed to the Hastings (FL) Testimony was heard from the following officials of motion to table the Tiahrt motion to reconsider the the Department of Labor: Leon T. Sequeira, Assistant vote, by a recorded vote of 216 ayes to 180 noes, Secretary, Policy; and Williams L. Carlson, Adminis- Roll No. 266. Page H3102 trator, Office of Foreign Labor Certification, Employ- Motion to Adjourn: Rejected the Simpson motion ment and Training Administration; and public wit- to adjourn by a recorded vote of 145 ayes to 271 nesses. noes, Roll No. 255. Pages H3089–90 RENEWABLE FUELS STANDARD Food and Energy Security Act of 2007—Motion to Instruct Conferees: Rejected the Kind motion to Committee on Energy and Commerce, Subcommittee on instruct conferees on H.R. 2419, to provide for the Energy and Air Quality held a hearing entitled ‘‘The continuation of agricultural programs through fiscal Renewable Fuels Standard: Issues Implementation, year 2012, by a yea-and-nay vote of 140 yeas to 274 and Opportunities.’’ Testimony was heard from Rep- resentative Herseth Sandlin; Robert J. Meyers, Prin- nays, Roll No. 258. Consideration of the motion cipal Deputy Assistant Administrator, Office for Air began on Thursday, May 1st. Pages H3091–92 and Radiation, EPA; and public witnesses. Subsequently, the House agreed to the Hastings (FL) motion to table the Latham motion to recon- INTERNET FREEDOM PRESERVATION ACT sider the vote by a recorded vote of 221 ayes to 192 OF 2008 noes, Roll No. 259. Pages H3092–93 Committee on Energy and Commerce: Subcommittee on Motion to Adjourn: Rejected the Simpson motion Telecommunications and the Internet held a hearing to adjourn by a recorded vote of 149 ayes to 251 on H.R. 5353, Internet Freedom Preservation Act of noes, Roll No. 260. Page H3093 2008. Testimony was heard from public witnesses.

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST D554 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2008 HIGHER EDUCATION IN AFRICA MISCELLANEOUS MEASURES; FEDERAL Committee on Foreign Affairs: Subcommittee on Africa PRISON INDUSTRIES and Global Health held a hearing on Higher Edu- Committee on the Judiciary: Subcommittee on Crime, cation in Africa: Making the Link between Intellec- Terrorism, and Homeland Security began markup of tual Capital and Regional Development. Testimony the following bills: H.R. 5464, A Child Is Missing was heard from Franklin Moore, Deputy Assistant Alert and Recovery Center Act; H.R. 2352, School Administrator, Bureau for Africa, U.S. Agency for Safety Enhancements Act of 2007; H.R. 3480, Let International Development, Department of State; and Our Veterans Rest In Peace Act of 2007; S. 2135, public witnesses. Child Soldiers Accountability Act of 2007; H.R. GUANTANAMO BAY AND AMERICA’S 5938, Former Vice President Protection Act of IMAGE 2008; H.R. 5057, Debbie Smith Reauthorization Act of 2008; H.R. 1783, Elder Justice Act; H.R. Committee on Foreign Affairs: Subcommittee on Inter- 5352, Elder Abuse Victims Act of 2008, 3 p.m., national Organizations, Human Rights and Over- 2237 Rayburn. sight held a hearing on the City on the Hill or Pris- The Subcommittee also held a hearing on Federal on on the Bay? The Mistakes of Guantanamo and Prison Industries—Examining the Effects of Section the Decline of America’s Image. Testimony was 827 of the National Defense Authorization Act of heard from public witnesses. 2008. Testimony was heard from Harley G. Lappin, BROADENING HOMELAND SECURITY Director, Federal Bureau of Prisons, Department of STRATEGY Justice; and public witnesses. Committee on Homeland Security: Held a hearing entitled ‘‘The Resilient Homeland—Broadening the SENATE AMENDMENTS—AMERICAN Homeland Security Strategy.’’ Testimony was heard HOUSING RESCUE AND FORECLOSURE from Stewart A. Baker, Assistant Secretary, Policy, PREVENTION ACT OF 2008 Department of Homeland Security; and public wit- Committee on Rules: Granted, by a record vote of 9–4, nesses. a rule providing for consideration of the Senate RULEMAKING PROCESS/UNITARY amendments to H.R. 3221, the American Housing EXECUTIVE THEORY Rescue and Foreclosure Prevention Act of 2008. The rule makes in order a motion by the Chairman of Committee on the Judiciary: Subcommittee on Com- the Committee on Financial Services to concur in the mercial and Administrative Law held a hearing on Senate amendment to the text with each of the three Rulemaking Process and the Unitary Executive The- House amendments printed in the Rules Committee ory. Testimony was heard from Susan E. Dudley, report. The rule waives all points of order against Administrator, Office of Information and Regulatory the motion except for clause 10 of rule XXI and Affairs, OMB; Curtis W. Copeland, Specialist in provides that the Senate amendments and the mo- American National Government, CRS, Library of tion shall be considered as read. The rule provides Congress; and public witnesses. three hours of debate on the motion, with two hours AUTHORIZING SUBPOENA equally divided and controlled by the chairman and Committee on the Judiciary: Subcommittee on Constitu- ranking minority member of the Committee on Fi- tion, Civil Rights, and Civil Liberties approved a nancial Services and one hour equally divided and resolution authorizing the Chairman of the Com- controlled by the chairman and ranking minority mittee to issue a subpoena to David Addington to member of the Committee on Ways and Means. The appear before a hearing relating to the Committee’s rule also provides that the Chair shall divide the investigation concerning Bush Administration attor- question of adoption of the motion between the neys and interrogation rules and practices and related three House amendments. The rule provides that matters. upon adoption of the motion, a motion that the House concur in the Senate amendment to the title EXECUTIVE BRANCH’S INTERROGATION shall be considered as adopted. Finally, the rule pro- WAR POWERS vides that the Chair may postpone further consider- Committee on the Judiciary: Subcommittee on the Con- ation as adopted. Finally, the rule provides that the stitution, Civil Rights and Civil Liberties held a Chair may postpone further consideration of the mo- hearing on From the Department of Justice to Guan- tion to a time designated by the Speaker. Testimony tanamo Bay: Administration Lawyers and Adminis- was heard by Chairman Frank of Massachusetts, Rep- tration Interrogation Rules, Part I. Testimony was resentatives Neal, Bachus, and Mario Diaz-Balart of heard from public witnesses. Florida.

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST May 6, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D555 NEIGHBORHOOD STABILIZATION ACT OF AIRCRAFT EMISSIONS 2008 Committee on Transportation and Infrastructure: Sub- Committee on Rules: Granted, by a record vote of 9–4, committee on Aviation held a hearing on Aviation a structured rule. The rule provides one hour of gen- and the Environment: Emissions. Testimony was eral debate on H.R. 5818, Neighborhood Stabiliza- heard from David W. Fahey, Research Physicist, tion Act of 2008, equally divided and controlled by NOAA; Daniel K. Elwell, Assistant Administrator, the chairman and ranking minority member of the Aviation Policy, Planning, and Environment, FAA, Committee on Financial Services. The rule waives all Department of Transportation; Gerald Dillingham, points of order against consideration of the bill ex- Director, Physical Infrastructure Issues, GAO. cept clauses 9 and 10 of rule XXI. The rule provides The Subcommittee also held a briefing on this that the amendment in the nature of a substitute subject. The Subcommittee was briefed by Ambas- recommended by the Committee on Financial Serv- sador John Bruton, Head of the Delegation of the ices now printed in the bill shall be considered as European Commission to the United States of Amer- an original bill for the purpose of amendment and ica. shall be considered as read. The rule waives all points of order against the amendment in the nature TRUCKING INDUSTRY—RISING FUEL of a substitute except for clause 10 of rule XXI. The COSTS rule makes in order only those amendments printed Committee on Transportation and Infrastructure: Sub- in the Rules Committee report. The amendments committee on Highways and Transit held a hearing made in order may be offered only in the order on Rising Fuel Costs in the Trucking Industry. Tes- printed in the report, may be offered only by a timony was heard from Suzanne TeBeau, Chief Member designated in the report, shall be considered Counsel, Federal Motor Carrier Safety Administra- as read, shall be debatable for the time specified in tion, Department of Transportation; and public wit- the report equally divided and controlled by the pro- nesses. ponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand VETERANS’ SUICIDES for a division of the question in the House or in the Committee of the Whole. All points of order against Committee on Veterans Affairs: Held a hearing on the the amendments except for clauses 9 and 10 of rule Truth about Veterans’ Suicides. Testimony was heard XXI are waived. The rule provides one motion to re- from the following officials of the Department of commit with or without instructions. The rule fur- Veterans Affairs: James B. Peake, M.D., Secretary; ther provides that after a motion that the Committee and Michael Shepherd, M.D., Office of Healthcare rise has been rejected on a legislative day, the Chair Inspections, Office of the Inspector General; and may entertain another such motion on that day only public witnesses. if offered by the chairman of the Committee on Fi- nancial Services or the Majority Leader or a designee MEDICARE MEDICAL EQUIPMENT and provides that after a motion to strike out the PAYMENTS enacting words of the bill (as described in clause 9 Committee on Ways and Means:. Subcommittee on of rule XVIII) has been rejected, the Chair may not Health held a hearing on Medicare’s DMEPOS Com- entertain another such motion during further consid- petitive Bidding Program. Testimony was heard eration of the bill. Finally, the rule provides that, from Kerry Weems, Acting Administrator, Centers notwithstanding the operation of the previous ques- for Medicare and Medicaid Services, Department of tion, the Chair may postpone further consideration of Health and Human Services; Kathleen M. King, Di- the bill to a time designated by the Speaker. Testi- rector, Health Care, GAO; and public witnesses. mony was heard by Chairman Frank of Massachu- setts, Representatives Capito, and McCotter. EMPLOYMENT ELIGIBILITY EQUIPMENT VERIFICATION SYSTEMS WATER MEASURES Committee on Ways and Means: Subcommittee on So- Committee on Science and Technology: Subcommittee on cial Security held a hearing on Employment Eligi- Energy and Environment approved for full Com- bility Verification Systems. Testimony was heard mittee action the following bills: H.R. 3957, Water from Representatives Calvert, Moore of Kansas, Gif- Use Efficiency and Conservation Research Act; and fords and Shuler; Richard Stana, Director of Home- H.R. 2339, amended, Produced Water Utilization land Security and Justice, GAO; and public wit- Act of 2007. nesses.

VerDate Aug 31 2005 05:16 May 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D06MY8.REC D06MYPT1 erowe on PRODPC61 with DIGEST D556 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 2008 BRIEFING—OVERHEAD United States Securities and Exchange Commission, 10 Permanent Select Committee on Intelligence: Met in execu- a.m., SD–538. Committee on Commerce, Science, and Transportation: Sub- tive session to receive a briefing on Overhead. The committee on Space, Aeronautics, and Related Agencies, Committee was briefed by departmental witnesses. to hold hearings to examine reauthorization of vision for space exploration, 9:30 a.m., SR–253. Joint Meetings Subcommittee on Aviation Operations, Safety, and Se- ENERGY AND ENVIRONMENTAL SECURITY curity, to hold hearings to examine the state of the airline industry, focusing on the impact of the Delta/Northwest Commission on Security and Cooperation in Europe: Com- airlines merger, 2:30 p.m., SR–253. mission concluded a hearing to examine oil and food Committee on Energy and Natural Resources: business prices relative to the link between energy and envi- meeting to consider the nominations of Jeffrey F. Kupfer, ronmental security, focusing on the role that envi- of Maryland, to be Deputy Secretary of Energy, and ronmental technologies can play in increasing energy Kameran L. Onley, of Washington, to be an Assistant security while combating climate change by reduc- Secretary of the Interior, and other pending legislation, ing demand on hydrocarbon resources, after receiving 9:45 a.m., SD–366. testimony from Richard Bradley, International En- Committee on Environment and Public Works: Sub- ergy Agency, Paris, France; Jonathan Pershing, committee on Public Sector Solutions to Global Warm- World Resources Institute, and Jetta Wong, Envi- ing, Oversight, and Children’s Health Protection, to hold ronmental and Energy Study Institute, both of an oversight hearing to examine science and environ- Washington, D.C.; Justin M. Lee, Nexsun Energy, mental regulatory decisions, 9:30 a.m., SD–406. Inc., Los Angeles, California; and Alex Marker, Committee on Foreign Relations: to hold hearings to exam- SCHOTT North America, Duryea, Pennsylvania. ine the nominations of Marcia Stephens Bloom Bernicat, of New Jersey, to be Ambassador to the Republic of Sen- f egal, and to serve concurrently and without additional NEW PUBLIC LAWS compensation as Ambassador to the Republic of Guinea- Bissau, Gillian Arlette Milovanovic, of Pennsylvania, to (For last listing of Public Laws, see DAILY DIGEST, p. D540) be Ambassador to the Republic of Mali, Donald Gene H.R. 4286, to award a congressional gold medal Teitelbaum, of Texas, to be Ambassador to the Republic to Daw Aung San Suu Kyi in recognition of her of Ghana, Linda Thomas-Greenfield, of Louisiana, to be courageous and unwavering commitment to peace, Ambassador to the Republic of Liberia, Peter William nonviolence, human rights, and democracy in Bodde, of Maryland, to be Ambassador to the Republic Burma. Signed on May 6, 2008. (Public Law of Malawi, Donald E. Booth, of Virginia, to be Ambas- 110–209). sador to the Republic of Zambia, Marianne Matuzic Myles, of New York, to be Ambassador to the Republic f of Cape Verde, and Stephen James Nolan, of Virginia, to COMMITTEE MEETINGS FOR WEDNESDAY, be Ambassador to the Republic of Botswana, and Patricia MAY 7, 2008 McMahon Hawkins, of Virginia, to be Ambassador to the Togolese Republic, all of the Department of State, 9:30 (Committee meetings are open unless otherwise indicated) a.m., SD–419. Senate Full Committee, to hold hearings to examine international Convention for the Suppression of Acts of Nu- Committee on Appropriations: Subcommittee on Labor, clear Terrorism (the ‘‘Convention’’), adopted by the Health and Human Services, Education, and Related United Nations General Assembly on April 13, 2005, Agencies, to hold hearings to examine proposed budget estimates for fiscal year 2009 for the Department of and signed on behalf of the United States of America on Labor, 9:45 a.m., SD–124. September 14, 2005 (Treaty Doc.110–04), amendment to Subcommittee on Defense, to hold closed hearings to the Convention on the Physical Protection of Nuclear examine proposed budget estimates for fiscal year 2009 Material (the ‘‘Amendment’’). A conference of States Par- for the United States intelligence community, 10:30 a.m., ties to the Convention on the Physical Protection of Nu- S–407, Capitol. clear Material, adopted on October 28, 1979, adopted the Subcommittee on Financial Services and General Gov- Amendment on July 8, 2005, at the International Atomic ernment, to hold hearings to examine proposed budget Energy Agency in Vienna (Treaty Doc.110–06), and pro- estimates for fiscal year 2009 for the Commodity Futures tocol of 2005 to the Convention for the Suppression of Trading Commission and the Securities and Exchange Unlawful Acts against the Safety of Maritime Navigation Commission, 3 p.m., SD–192. (the ‘‘2005 SUA Protocol’’) and the Protocol of 2005 to Committee on Banking, Housing, and Urban Affairs: Sub- the Protocol for the Suppression of Unlawful Acts against committee on Securities, Insurance and Investment, to the Safety of Fixed Platforms Located on the Continental hold hearings to examine United States credit markets, Shelf (the ‘‘2005 Fixed Platforms Protocol’’) (together, focusing on the regulation of investment banks by the ‘‘the Protocols’’), adopted by the International Maritime

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Organization Diplomatic Conference in London on Octo- purpose of enhancing transportation security at airports, ber 14, 2005, and signed by the United States of Amer- and for other purposes; and H. Res. 1150, Expressing the ica on February 17, 2006 (Treaty Doc.110–08), 2:30 sense of the House of Representatives that the Transpor- p.m., SD–419. tation Security Administration should, in accordance with Committee on Homeland Security and Governmental Affairs: the congressional mandate provided for in the Imple- to hold hearings to examine fuel subsidies relating to menting Recommendations of the 9/11 Commission Act food supply and prices, 10 a.m., SD–342. of 2007, enhance security against terrorist attack and Committee on the Judiciary: to hold hearings to examine other security threats to our Nation’s rail and mass transit the nominations of Helene N. White, and Raymond M. lines, 10:15 a.m., 311 Cannon. Kethledge, both of Michigan, both to be United States Committee on House Administration, to mark up the fol- Circuit Judges for the Sixth Circuit, and Stephen Joseph lowing: H.R. 5803, To direct the Federal Assistance Murphy III, to be United States District Judge for the Commission to establish a program to make grants to Eastern District of Michigan, 10 a.m., SD–226. participating States and units of local government which Subcommittee on Antitrust, Competition Policy and will administer the regularly scheduled general election Consumer Rights, to hold hearings to examine concentra- for Federal office held in November 2008 for carrying out tion in agriculture, focusing on an examination of the a program to make backup paper ballots available in the JBS Swift Group acquisitions, 2:30 p.m., SD–226. case of the failure of a voting system or voting equipment Committee on Veterans’ Affairs: to hold hearings to exam- in the election of some other emergency situation, and for ine pending benefits legislation, 9:30 a.m., SD–106. other purposes; H.R. 5893, Library of Congress Sound House Recording and Film Preservation Programs Reauthoriza- Committee on Appropriations, Subcommittee on Legisla- tion Act of 2008; and the United States Capitol Police tive Branch, to continue appropriation hearings with pub- Administrative Technical Corrections Act of 2008, 11 lic witnesses, 10 a.m., 2359 Rayburn. a.m., 1310 Longworth. Committee on Armed Services, Subcommittee on Air and Committee on the Judiciary, Task Force on Competition Land Forces, to mark up H.R. 5658, National Defense Policy and Antitrust Laws, hearing on Retail Gas, Part Authorization Act for Fiscal Year 2009, 10:30 a.m., 2118 1 Prices: Consumer Effects, 11 a.m., 2141 Rayburn. Rayburn. Subcommittee on Courts, the Internet, and Intellectual Subcommittee on Military Personnel, to mark up H.R. Property, to mark up H.R. 5889, Orphan Works Act of 5658, National Defense Authorization Act for Fiscal Year 2008, 2 p.m., 2141 Rayburn. 2009, 11:30 a.m., 2212 Rayburn. Committee on Natural Resources, to markup H.R. 3094, Subcommittee on Strategic Forces, to mark up H.R. National Park Centennial Fund Act, 11 a.m., 1324 Long- 5658, National Defense Authorization Act for Fiscal Year worth. 2009, 1 p.m., 2118 Rayburn. Committee on Oversight and Government Reform, to con- Committee on Energy and Commerce, to mark up the fol- tinue hearings on the Lack of Hospital Emergency Surge lowing bills: H.R. 1343. Health Centers Renewal Act of Capacity: Will the Administration’s Medicaid Regula- 2007; H.R. 5669, Poison Center Support, Enhancement, tions Make It Worse? 9:30 a.m., 2154 Rayburn. and Awareness Act of 2008; and H.R. 1553, Conquer Committee on Science and Technology, to mark up H.R. Childhood Cancer Act of 2007, 11 a.m., 2123 Rayburn. 5940, National Nanotechnology Initiative Amendments Committee on Foreign Affairs, hearing on U.S. Foreign Act of 2008, 11 a.m., 2318 Rayburn. Policy in Pakistan: Implications for Regional Security, Committee on Small Business, Subcommittee on Con- Stability and Development, 10 a.m., 2172 Rayburn. tracting and Technology, hearing on the role of small Committee on Homeland Security, Subcommittee on Bor- businesses in the upcoming digital television (DTV) con- der, Maritime, and Global Counterterrorism, hearing en- version, 2 p.m., 1539 Longworth. titled ‘‘Assessing the Resiliency of the Nation’s Supply Committee on Transportation and Infrastructure, Sub- Chain,’’ 2 p.m., 311 Cannon. committee on Water Resources and Environment, to Subcommittee on Transportation and Infrastructure mark up the following measures: H.R. 2452, Raw Sewage Protection to continue mark up of the following meas- Overflow Community Right-to-Know Act; H.R. 135, ures: H.R. 4179, Fair, Accurate, Secure and Timely Re- Twenty-First Century Water Commission Act of 2007; dress Act of 2007; H.R. 4749, National Bombing Pre- H.R. 5770. To provide for a study by the National Acad- vention Act of 2008; H.R. 5909, To amend the Aviation emy of Sciences of potential impacts of climate change on and Transportation Security Act to prohibit advance no- water resources and water quality; and H. Res. 1137, tice to certain individuals, including security screeners, of Supporting the goals and ideals of National Public Works covert testing of security screening procedures for the Week, 2 p.m., 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 7 10 a.m., Wednesday, May 7

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: To be announced. morning business (not to extend beyond 60 minutes), Senate will continue consideration of the motion to proceed to consideration of S. 2284, Flood Insurance Reform and Modernization Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Franks, Trent, Ariz., E834 Porter, Jon C., Nev., E821 Gerlach, Jim, Pa., E829 Radanovich, George, Calif., E826 Berman, Howard L., Calif., E824 Green, Al, Tex., E824 Rahall, Nick J., II, W.Va., E828 Blumenauer, Earl, Ore., E833 Heller, Dean, Nev., E821, E824, E825, E827, E829 Ramstad, Jim, Minn., E827 Boyda, Nancy E., Kans., E827 Honda, Michael M., Calif., E833 Rangel, Charles B., N.Y., E828 Brown-Waite, Ginny, Fla., E825 Johnson, Timothy V., Ill., E825 Burgess, Michael C., Tex., E821, E829 Latham, Tom, Iowa, E829, E831, E834 Rush, Bobby L., Ill., E833 Cardoza, Dennis A., Calif., E823 Lewis, John, Ga., E832 Schwartz, Allyson Y., Pa., E824 Christensen, Donna M., The Virgin Islands, E826 McCollum, Betty, Minn., E823, E828 Sherman, Brad, Calif., E827 Cohen, Steve, Tenn., E831 McCotter, Thaddeus G., Mich., E830 Smith, Lamar, Tex., E825 Culberson, John Abney, Tex., E830 Maloney, Carolyn B., N.Y., E829 Terry, Lee, Nebr., E830 Davis, Lincoln, Tenn., E830 Matsui, Doris O., Calif., E823 Wasserman Schultz, Debbie, Fla., E832 Ellison, Kieth, Minn., E830 Moran, James P., Va., E831 Woolsey, Lynn C., Calif., E823 Emanuel, Rahm, Ill., E827 Neal, Richard E., Mass., E825 Young, C.W. Bill, Fla., E821 Frank, Barney, Mass., E822 Pickering, Charles W. ‘‘Chip’’, Miss., E825, E832

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