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

Vol. 154 WASHINGTON, THURSDAY, APRIL 10, 2008 No. 57 House of Representatives The House met at 10 a.m. and was on agreeing to the Speaker’s approval to address the House for 1 minute and called to order by the Speaker pro tem- of the Journal. to revise and extend her remarks.) pore (Mr. CUELLAR). The SPEAKER pro tempore. The Ms. LORETTA SANCHEZ of Cali- fornia. Mr. Speaker, I rise today in sup- f question is on the Speaker’s approval of the Journal. port of House Resolution 1089, which I DESIGNATION OF THE SPEAKER The question was taken; and the introduced on Tuesday, calling for an PRO TEMPORE Speaker pro tempore announced that end to the Vietnamese Government’s The SPEAKER pro tempore laid be- the ayes appeared to have it. imprisonment, detention and harass- fore the House the following commu- Mr. PALLONE. Mr. Speaker, I object ment of those who signed the Mani- nication from the Speaker: to the vote on the ground that a festo on Freedom and Democracy For quorum is not present and make the . WASHINGTON, DC, On April 8, 2006, 118 Vietnamese citi- April 10, 2008. point of order that a quorum is not I hereby appoint the Honorable HENRY present. zens signed a manifesto in support of CUELLAR to act as Speaker pro tempore on The SPEAKER pro tempore. Pursu- peaceful action to bring democracy and this day. ant to clause 8, rule XX, further pro- basic human rights to the Vietnamese NANCY PELOSI, ceedings on this question will be post- people. Thousands of Vietnamese peo- Speaker of the House of Representatives. poned. ple have since signed this document, f The point of no quorum is considered refusing to be silent while their gov- withdrawn. ernment continues to violate their PRAYER human rights. In retaliation, the Gov- The Chaplain, the Reverend Daniel P. f ernment of Vietnam has jailed, de- Coughlin, offered the following prayer: PLEDGE OF ALLEGIANCE tained and harassed those brave people. I introduced this important resolu- Whether the darkness is fear, anx- The SPEAKER pro tempore. Will the tion to mark the 2-year anniversary of iety, prejudice, or mere confusion, gentlewoman from California (Ms. LO- the original signing of the manifesto wake us with Your dawn, O Lord. RETTA SANCHEZ) come forward and lead and to highlight the ongoing human Free us, that we may be children of the House in the Pledge of Allegiance. rights atrocities in Vietnam. light; bold in faith, humble in truth, Ms. LORETTA SANCHEZ of Cali- and loving in service. Not only does my resolution call on fornia led the Pledge of Allegiance as the Government of Vietnam to release Empower us to reach out to all our follows: brothers and sisters across this Nation. peaceful advocates, but it also asks our I pledge allegiance to the Flag of the State Department to establish a list of May we walk with compassion, envel- United States of America, and to the Repub- oped with the sense of unity as we ap- Countries of Particular Concern based lic for which it stands, one nation under God, on human rights violations, which proach a new day of universal under- indivisible, with liberty and justice for all. would hold nations like Vietnam ac- standing. f Lord, make us all heralds of good countable. news, whether richly blessed or hum- ANNOUNCEMENT BY THE SPEAKER f bled by need. For You can strengthen PRO TEMPORE PAYTON POE ALEXANDER—NEW us by the sheer determination to build The SPEAKER pro tempore. The TEXAN Your kingdom with the help of one an- Chair will entertain up to five requests (Mr. POE asked and was given per- other, both now and forever. Amen. for 1-minute speeches on each side of mission to address the House for 1 f the aisle. minute.) Mr. POE. Mr. Speaker, the miracle of THE JOURNAL f birth is a remarkable, happy event. THE GOVERNMENT OF VIETNAM The SPEAKER pro tempore. The None of us pick our parents or the SHOULD END IMPRISONMENT, Chair has examined the Journal of the place from which we come. The good DETENTION AND HARASSMENT last day’s proceedings and announces Lord makes those decisions, and some OF SIGNERS OF MANIFESTO ON to the House his approval thereof. of us have the fortune of being born in Pursuant to clause 1, rule I, the Jour- FREEDOM AND DEMOCRACY FOR America. nal stands approved. VIETNAM Yesterday, April 9, at 10:28 a.m. in Mr. PALLONE. Mr. Speaker, pursu- (Ms. LORETTA SANCHEZ of Cali- the central Texas town of Waco, an- ant to clause 1, rule I, I demand a vote fornia asked and was given permission other child took his first breath of the

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 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.000 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2168 CONGRESSIONAL RECORD — HOUSE April 10, 2008 crisp air of life, being born in the land fornia; Benjamin Blustein of Pennsyl- dated members of the House Armed of the free. vania; David Boim of New York; Yael Services Committee and Foreign Af- Payton Poe Alexander showed up tip- Botwin of California; Dina Carter of fairs Committee regarding the condi- ping the scales at 9 pounds-1 ounce and North Carolina; Janis Ruth Coulter of tions on the ground in Iraq. Noting suc- a height of 22 inches. Not bad for his Massachusetts; Sara Duker of New Jer- cesses on the military and political first day on earth. His mother, Kara, sey; Matthew Eisenfeld of Connecticut; fronts, both indicated reasons to be op- my daughter, and his father Shane, are Tzvi Goldstein of New York; Judith timistic about the progress being right-thinking, God-fearing people. Greenbaum of New Jersey; David Gritz made. Payton’s little 2-year-old sister Eliza- of Massachusetts; Dina Horowitz of Having recently visited Iraq, I am beth, shall we say, is inquisitive. ; Rabbi Eli Horowitz of Illinois; not surprised to hear about these suc- Mr. Speaker, we all get excited when Tehilla Nathanson of New York, age 3; cesses. Violence is down and reconcili- kids are born, because we see in those Malka Roth of New York; Mordechai ation is happening. But the progress is innocent eyes the hope of the world, Reinitz of New York; Yitzhak Reinitz fragile, a sentiment echoed by both the chance that this new child might of New York; Leah Stern of New Jer- Ambassador Crocker and General make a difference for the rest of us. sey; Goldie Taubenfeld of New York; Petraeus. My hope for my new grandson is that Shmuel Taubenfeld, 3 months old, of During the hearing, many of my he grows up embodying the spirit of New York; Nachshon Wachsman of New Democrat colleagues asked about the truth, justice and the American way, York; Ira Weinstein of New York; and cost of the war. Is it expensive? Yes, and that he plays football for the Uni- Yitzhak Weinstock of California. the cost is expensive. My question to versity of Texas and not Texas A&M. President Carter, the voices from the them is, what will be the cost of defeat, And that’s just the way it is. grave beseech you, do not meet with and are you willing to pay for it? f the man that ordered the murder of f these American citizens. OPPOSE THE BUSH I urge Members to sign our letter HONORING ABBY LEVINE ON THE FREE TRADE AGREEMENT asking former President Carter not to OCCASION OF HIS 90TH BIRTHDAY ´ (Ms. LINDA T. SANCHEZ of Cali- meet with the killer of American citi- (Mr. KLEIN of Florida asked and was fornia asked and was given permission zens. given permission to address the House to address the House for 1 minute and f for 1 minute.) to revise and extend her remarks.) Mr. KLEIN of Florida. Mr. Speaker, I Ms. LINDA T. SA´ NCHEZ of Cali- SUPPORT THE STOP OUTSOURCING SECURITY ACT rise today to honor a remarkable and fornia. Mr. Speaker, I rise today in outstanding member of our commu- strong opposition to the Bush Colom- (Ms. SCHAKOWSKY asked and was nity, Mr. Abby Levine. Abby and his bia Free Trade Agreement. Like many given permission to address the House wife Mildred have devoted their lives here, I would like to see our relation- for 1 minute.) to addressing critical social, political ship with Colombia strengthened, but Ms. SCHAKOWSKY. Mr. Speaker, and humanitarian issues. the NAFTA-style Colombia FTA would last Friday, the State Department de- Abby is celebrating an important actually do more harm than good. cided to renew Blackwater’s $1.2 billion milestone this week, the occasion of The Bush administration refuses to contract for another year. It has been his 90th birthday. At nine decades change its stubborn ways. By deciding over 6 months since Blackwater con- young, Abby, in addition to his other to force the trade agreement through tractors killed 17 innocent Iraqi civil- commitments, is working to build a vi- Congress without seeking support or ians, 16 months since the Christmas brant Jewish community among young input from the House leadership, the Eve murder in the Green Zone, and 35 people in South Florida. administration continues to dem- months since a Blackwater helicopter Abby and Mildred helped establish onstrate its lack of judgment and sen- dropped CS gas on a traffic jam in the Levine-Weinberger Jewish Life sibility. Baghdad. Yet there have been no ar- Center at Florida Atlantic University, Despite many serious concerns about rests, no charges, no trials, no convic- which has become the nerve center of the Colombia Free Trade Agreement, tions. Nothing. Jewish life on campus. Abby and Mil- this administration continues to be- The Department of Justice, the FBI dred are also generous supporters of a lieve that it can unilaterally demand and State Department have remained number of other causes, including the and approve legislation as it pleases, completely silent about these inves- Boca Raton Community Hospital, and when it pleases. Unfortunately, it tigations. Meanwhile, those contrac- their dedication to improving our com- doesn’t work that way. tors are still working side-by-side with munity is deeply valued. Until the Bush administration under- our troops in Iraq. Madam Speaker, I join countless stands that it must make fundamental But what is even more appalling is friends, family members and loved ones changes in its approach to trade, this that our government has ignored those in South Florida in wishing Abby a House will oppose its one-sided trade abuses and renewed Blackwater’s con- wonderful birthday, and many more deals. We need trade deals that work tract. If you owned a company, would years of good health and happiness. for American working families. The you rehire someone who has killed doz- Bush Colombia FTA is not it. ens of innocent people? The State De- f f partment’s decision not only puts the b 1015 lives of innocent Iraqi civilians at risk, MR. CARTER—DON’T MEET WITH NEW EMPLOYEE VERIFICATION but it threatens the safety of our HAMAS SYSTEM troops and jeopardizes our mission in (Mr. KIRK asked and was given per- Iraq. (Mr. SAM JOHNSON of Texas asked mission to address the House for 1 I urge my colleagues to sign on to my and was given permission to address minute and to revise and extend his re- bill, H.R. 4102, the SOS, or Stop the House for 1 minute and to revise marks.) Outsourcing Security Act, and phase and extend his remarks.) Mr. KIRK. Mr. Speaker, The Wash- out the use of military security con- Mr. SAM JOHNSON of Texas. Mr. ington Post reports that President tractors in Iraq and . Speaker, on November 1, the Nation’s Carter will visit next week to f employment verification system, E- meet with a Hamas assassin, Khaled Verify, is going to expire. Meshal. The State Department lists WINNING IN IRAQ E-Verify is a broken employment Hamas as a foreign terrorist organiza- (Mr. BARRETT of South Carolina verification system that has helped tion, and it is responsible for the mur- asked and was given permission to ad- grow the number of illegal immigrants der of at least 26 American citizens: dress the House for 1 minute.) in America to over 12 million. We have David and Nava Applebaum of Ohio, Mr. BARRETT of South Carolina. got to find new solutions. killed just before Nava’s wedding; Alan Mr. Speaker, yesterday General Our bill, H.R. 5515, the New Employ- Beer of Ohio; Marla Bennet of Cali- Petraeus and Ambassador Crocker up- ment Verification Act or NEVA, would

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.014 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2169 replace the current paper-based and gotiations, 2 years ago completed the withstanding the operation of the previous error-prone I–9 process upon which E- negotiations, a year and a half ago question, the Chair may postpone further Verify is based with an electronic signed the negotiations. Since August consideration of the bill to such time as may be designated by the Speaker. verification system. H.R. 5515 would of last year, 265 meetings have been use the existing new hire registry re- held with Democratic Members by The SPEAKER pro tempore. The gen- porting process already used by over 90 members of the administration, cabi- tlewoman from California is recognized percent of U.S. employers. This bill net officials and all, and 27 meetings for 1 hour. Ms. MATSUI. Mr. Speaker, for the will create a national employment have been held with the Democratic purpose of debate only, I yield the cus- verification system for new hires that’s leadership. tomary 30 minutes to my friend, the reliable and efficient. It is time for us to complete this gentleman from Florida (Mr. LINCOLN With E-Verify scheduled to expire work. It’s time for us to strengthen DIAZ-BALART). this year, now is the time for the Con- this very important alliance. All time yielded during consideration gress to create a new way to move for- I urge my colleagues on both sides of of the rule is for debate only. the aisle to vote ‘‘no’’ on the Hugo ward that prevents unauthorized em- GENERAL LEAVE ployment. I urge my colleagues to co- Chavez rule. Ms. MATSUI. Mr. Speaker, I ask sponsor H.R. 5515. f unanimous consent that all Members f PROVIDING FOR CONSIDERATION have 5 legislative days within which to HONORING THE UNIVERSITY OF OF H.R. 2537, PROTECTION revise and extend their remarks and to MEMPHIS BASKETBALL TEAM ACT OF 2007 insert extraneous materials into the RECORD. (Mr. COHEN asked and was given per- Ms. MATSUI. Mr. Speaker, by direc- The SPEAKER pro tempore. Is there mission to address the House for 1 tion of the Committee on Rules, I call objection to the request of the gentle- minute and to revise and extend his re- up House Resolution 1083 and ask for woman from California? marks.) its immediate consideration. There was no objection. Mr. COHEN. Mr. Speaker, as an The Clerk read the resolution, as fol- Ms. MATSUI. Mr. Speaker, I yield alumnus of the University of Memphis lows: myself such time as I may consume. Law School and the congressman from H. RES. 1083 Mr. Speaker, House Resolution 1083 the University of Memphis district, I Resolved, That at any time after the adop- provides an open rule with a still grieve over the outcome of the tion of this resolution the Speaker may, pur- preprinting requirement for consider- game Monday night, but I want to con- suant to clause 2(b) of rule XVIII, declare the ation of H.R. 2537, the Beach Protec- gratulate the University of Kansas for House resolved into the Committee of the tion Act of 2007. winning the national basketball cham- Whole House on the State of the Union for The resolution provides 1 hour of consideration of the bill (H.R. 2537) to amend pionship and thank the city of San An- general debate, controlled by the Com- the Federal Water Pollution Control Act re- mittee on Transportation and Infra- tonio for being such a wonderful host. lating to beach monitoring, and for other On behalf of the citizens of Memphis, purposes. The first reading of the bill shall structure. I want the country to know we love our be dispensed with. All points of order against Some of our Nation’s greatest treas- team. They brought our city together, consideration of the bill are waived except ures are the beautiful that sur- which needed a unifying force. We are those arising under clause 9 or 10 of rule XXI. round our country. So many of us have proud that our coach who made that General debate shall be confined to the bill spent time with our families and team what it was has been named the and shall not exceed one hour equally di- friends enjoying our country’s pictur- vided and controlled by the chairman and National Coach of the Year by the esque coastlines. Our beaches not only ranking minority member of the Committee provide a place for relaxation and Naismith Society. on Transportation and Infrastructure. After Our players played valiantly. We recreation, they are also a vital eco- general debate the bill shall be considered nomic engine that draws tourists from came very, very close to a national for amendment under the five-minute rule. It all over the globe. championship. We won more games shall be in order to consider as an original As a mother and a grandmother, I than any team in NCAA history. We bill for the purpose of amendment under the want to ensure that our Nation’s chil- will look back upon this year with five-minute rule the amendment in the na- dren are swimming and enjoying our fondness and appreciation and we will, ture of a substitute recommended by the Committee on Transportation and Infra- beaches that are safe and free of any like General MacArthur, return. structure now printed in the bill. The com- harmful contamination. Unfortunately, f mittee amendment in the nature of a sub- a recent EPA report found that human THE HUGO CHAVEZ RULE stitute shall be considered as read. All points health studies over the last 50 years of order against the committee amendment have linked swimming and polluted (Mr. DREIER asked and was given in the nature of a substitute are waived ex- water with significant adverse health permission to address the House for 1 cept those arising under clause 10 of rule effects. Swimming-related diseases can minute and to revise and extend his re- XXI. Notwithstanding clause 11 of rule range from minor gastrointestinal dis- marks.) XVIII, no amendment to the committee eases to more serious illnesses such as Mr. DREIER. Mr. Speaker, it pains amendment in the nature of a substitute meningitis or hepatitis. me greatly to stand here in the well shall be in order except those printed in the portion of the Congressional Record des- This is extremely troubling and is a and report to our colleagues that the ignated for that purpose in clause 8 of rule great concern to all of us. According to Rules Committee late yesterday after- XVIII before the beginning of consideration the National List of Beaches, only 57 noon reported out what can only be de- of the bill and except pro forma amendments percent of the Nation’s coastal recre- scribed as the Hugo Chavez rule. for the purpose of debate. Each amendment ation areas are being monitored. For the first time in the 34-year his- so printed may be offered only by the Mem- In my home State of California, 114 tory of trade promotion authority, we ber who caused it to be printed or his des- ignee and shall be considered as read. At the of our 356 beaches are not monitored, have now decided that we are going to leaving a huge amount of people at take the action of turning our backs on conclusion of consideration of the bill for amendment the Committee shall rise and re- risk. That is why I would like to thank an agreement that we have made with port the bill to the House with such amend- Representative PALLONE for his work our closest, most important and ments as may have been adopted. Any Mem- on such an important piece of legisla- strongest ally on the continent of ber may demand a separate vote in the tion, legislation that builds on the am- South America. House on any amendment adopted in the bitious vision that the 1972 Clean The Vice President of Colombia has Committee of the Whole to the bill or to the Water Act set forth. described this action as a slap in the committee amendment in the nature of a As an original author of the 2000 bill, face. Hugo Chavez and the substitute. The previous question shall be my friend from New Jersey has long narcoterrorists in Colombia are cele- considered as ordered on the bill and amend- ments thereto to final passage without inter- been recognized for his efforts to clean brating this action. It is an absolute vening motion except one motion to recom- up our Nation’s beaches. outrage that we would do this. mit with or without instructions. I would also like to thank Represent- I have to say that this administra- SEC. 2. During consideration in the House ative TIM BISHOP for his leadership and tion 4 years ago embarked on these ne- of H.R. 2537 pursuant to this resolution, not- work on this issue.

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.006 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2170 CONGRESSIONAL RECORD — HOUSE April 10, 2008 The Beach Protection Act builds on would like to thank my good friend, If the majority really wants to live the great effort of the original BEACH the gentlewoman from California (Ms. up to their campaign promise of a more Act and is a vital tool that will help MATSUI) for the time, and I yield my- open and bipartisan Congress, then ensure the safety of our national - self such time as I may consume. they should offer a truly open rule on al treasures. Under the 2000 BEACH Mr. Speaker, Florida is the number this bill, and on bills where there is Act, the EPA was required to work one travel destination in the world, some controversy as well. with States to ensure they use the lat- with over 80 million visitors last year. On Tuesday, a distinguished member est science to test beach waters to pro- They contributed over $60 billion to the of the Rules Committee, the gentleman tect the public health. economy of the State. from Washington (Mr. HASTINGS), of- States are required to notify the pub- Part of the reason so many people fered an amendment to the rule which lic if tests showed water quality stand- come to Florida is because of the over would have allowed the House to con- ards were violated. The law also helps 1,200 miles of beautiful beaches sider this noncontroversial bill under a States set up monitoring and notifica- throughout the State. Florida’s great truly open rule. However, that amend- tion programs in order to provide up- beaches provide an endless wealth of ment was defeated. to-date information on the condition of recreational opportunities. But in So instead, here we are 16 months all public beaches. order for everyone to enjoy those great into the new majority under another H.R. 2537, the Beach Protection Act beaches we have to make sure that the restrictive rule. Other than on appro- of 2007, advances the good work of the waters are safe and that they are clean. priations bills, the new majority has original act and takes us into the next In 2000, Congress passed the Beaches allowed only one open rule. Today they generation of water monitoring. The Environmental Assessment and Coastal had the chance to double the number of bill increases the authorization Health Act. That legislation was open rules; but instead, they decided to through 2012 for the EPA’s beach pro- passed to limit and prevent human ex- use a restrictive process for a non- gram by $10 million to $40 million per posure to polluted coastal recreation controversial bill. year. This money will be used to pro- waters by assisting States and local vide grants to States along the governments to implement beach mon- I don’t know what they are afraid of. and Great Lakes for recreational water itoring assessment and public notifica- The original BEACH Act was consid- monitoring and notification programs. tion programs. In addition, that act re- ered under a true open rule. We should H.R. 2537 also clarifies and enhances quired States and tribes with coastal have considered this bill under suspen- public notification when coastal waters recreation waters to adopt minimum sion of the rules which doesn’t even re- are likely contaminated. Visitors to water quality standards for pathogens quire a rule, it just goes automatically our beaches need to know when there is and pathogen indicators. to the floor because it is noncontrover- potential threat to their health. The The legislation being brought to the sial, and we should have instead fin- bill clarifies that the public must be floor today with this rule would reau- ished our work on bipartisan legisla- notified within 24 hours when a con- thorize the BEACH Act through 2012 tion to protect Americans from inter- taminated water sample is found. The and increase the annual authorized ap- national terrorism, the Foreign Intel- bill also requires that a physical sign propriation from $30 million to $40 mil- ligence Surveillance Act known as must be posted at any beach where the FISA. water may be contaminated. This in- lion. Or we could have considered legisla- formation is essential for public aware- b 1030 ness and avoidance of harmful pollut- tion to postponed the scheduled 10.1 Again, Mr. Speaker, the majority percent cut in Medicare payments for ants. likes to proclaim that they have of- H.R. 2537 also promotes increased physicians and other health care pro- fered yet another bill under what they fessionals. compliance. It requires the EPA ad- call an open rule; but this is not an Instead, what we are doing today, ministrator to conduct an annual re- open rule, this is a restrictive rule. Mr. Speaker, what the majority leader- view of implementation by State and According to a Survey of Activities ship has decided to do today is to make local governments. If the public is not of the House Committee on Rules from this a day of legislative action that being protected, it requires the EPA to the 104th Congress, an open rule is de- will live in infamy. Ever since 1974, leg- take corrective actions. fined as ‘‘one under which any Member Representative PALLONE has shown islation has existed, Mr. Speaker, to may offer an amendment that complies tremendous leadership with this bill permit agreements that are negotiated with the standing rules of the House that puts public safety at the forefront with foreign governments by the and the Budget Act.’’ and goes to great lengths to protect United States, trade agreements, to A modified open rule, requiring our Nation’s beaches. I know he has come to this floor under the Trade Act preprinting in the CONGRESSIONAL worked closely with my friend and col- of 1974 that established trade pro- RECORD, is defined as a type of rule league, Representative EDDIE BERNICE motion authority, certainty in the that permits the offering only of those JOHNSON, who chairs the Transpor- rules process for when an agreement is amendments printed in the CONGRES- tation and Infrastructure Sub- negotiated so that our negotiating SIONAL RECORD. Because Members committee on Water Resources and En- partners, countries we are negotiating under this rule must submit their vironment. with, know that there are certain amendments prior to floor consider- Later today we will debate the chair- rules. That if the United States makes ation, they are prohibited from offering woman’s manager’s amendment that a deal, enters into an agreement, that amendments on the floor as the debate directs the EPA to complete and use a that agreement will be brought to the progresses. rapid-testing technology. This type of floor. testing is intended to shorten the pe- So if a Member is watching the de- And so what the majority leadership riod between when a water sample is bate and has an idea to improve the in this Congress has done today is to taken and when results are made pub- bill, this rule prevents that Member say yes, yes, yes, but for and except Co- lic. When this testing is in place, the from offering their amendment. So by lombia. Colombia, that happens to be period of time necessary for testing its very nature, this rule is restrictive. our best ally and friend in this hemi- coastal waters is likely to shorten from It is not an open rule and the majority sphere, under the measure today being 24 to simply 2 or 3 hours. should stop calling it that. Passage of the Beach Protection Act I also would like to point out that brought to the floor by the majority of 2007 is an important step to pro- once again the majority offers even leadership of this House, they are being moting public health and ensuring that this modified open rule, or modified re- insulted. And so our trade rules apply, the millions of people who visit our strictive rule on noncontroversial bills, yes; but for Colombia, Mr. Speaker. coastal treasures remain safe. bills with obvious bipartisan support. That is what the majority leadership Mr. Speaker, I reserve the balance of For example, the underlying legisla- has decided to do today. my time. tion passed the House Transportation What they have told Colombia, in the Mr. LINCOLN DIAZ-BALART of and Infrastructure Committee by a midst of a war against narcotraf- Florida. Mr. Speaker, first of all I unanimous vote. fickers, financed by narcotrafficking,

VerDate Aug 31 2005 00:51 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.007 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2171 the enemies of Colombia, what the jected to be recovered if we open up our touted would lower gas prices? That Democratic leadership of this House is offshore areas to drilling, it is pro- was over 700 days ago. We want an- telling the democratically elected gov- jected to provide less than 1 month, 1 swers. We want this majority to do ernment of Colombia today is: We don’t month supply of oil and gas. something about the high cost of gaso- care; we don’t care. The trade rules In addition, researchers at the De- line. apply to the world, but not to you. partment of Oceanography at the Uni- We have truck drivers prepared to Well, fortunately, there is an admin- versity of South Florida have warned strike over the price of diesel, $4 a gal- istration, an executive branch that is that it would only take 24 hours for an lon gasoline is on the horizon, and this standing with the people of Colombia petroleum spill in the eastern Gulf of majority is doing nothing, nothing. and their democratically elected gov- to sully Florida’s panhandle Here is the energy plan: When you ernment and President, President beaches and then sweep through the have no energy plan, you plan to fail. Alvaro Uribe. And there are a lot of gulf’s powerful loop current, travel When this majority took over, the Members in this House, Mr. Speaker, through the Florida Keys and contami- price of a barrel of crude oil was $58. who also stand with the people of Co- nate estuaries and beaches from the What is it today, $110 per barrel. That lombia as they fight the terrorists, as Everglades to Cape Canaveral. translates into a gasoline price of they bravely confront the terrorists. We only have to look back to 2005, originally $2.33 a gallon to now, $3.34, There are a lot of us in this House who Hurricane Katrina, Hurricane Rita, and $3.50, $3.75, and $4. At $3.44, that is a stand with the people of Colombia, and Hurricane Wilma ended up resulting in $1.01 increase since this majority took a lot of us in the Senate who do also. many oil and gas pollutants seriously over. Where is the energy plan to lower But unfortunately, the majority lead- affecting the beaches in the Gulf of gasoline prices? The Speaker’s plan ership has said to Colombia today: No, Mexico. The storms caused 124 oil spills means that you pay more in energy you’re on your own. into the waters of the Gulf of Mexico. costs in this country. Well, I want the people of Colombia During Hurricane Katrina alone, 233,000 The beaches that are affected in this to know that they are not alone. We gallons of oil were spilled. There was legislation, Great Lakes, the coastal will continue to stand with the people 508,000 gallons of oil spilled during Hur- beaches, guess what, if I want to take of Colombia and their democratically ricane Rita. A full year after Hurricane advantage of these healthy beaches, I elected government despite this day of Katrina, BP admitted that a damaged would have to drive about 285 miles to legislative action that will live in in- oil well valve in the Gulf of Mexico was get to the Great Lakes. I would have to famy because that is what the majority still leaking oil. drive a lot farther, almost 745 miles to leadership has scheduled today. The ex- The knee-jerk reaction to take every get to the gulf coast. Last year the ception, the legislative exception for, opportunity, even a bill called the cost to Chicago would be about $53. in this instance, the best ally that the Beach Protection Act, to open up our This year the cost is $76. We lose dis- United States has in this hemisphere, beautiful coastline to additional oil cretionary income when we allow gas Colombia. And that’s more than unfor- drilling, especially in hurricane-prone prices to go up. tunate. waters like Florida’s gulf coast is ridic- Another connection, to go to the Now, with regard to the legislation ulous, not just ironic. great State of Florida to take my fam- on beaches that is absolutely non- So let’s stay true to the Beach Pro- ily on a vacation, that would have cost controversial, it should have been tection Act, fight water pollution, me last year $138 to drive. This year, brought to the floor automatically. Ob- strengthen our natural resources and $200 to drive. Do you think that is not viously we are all in support of that our tourism economy and vote down going to affect the economy of the legislation, Mr. Speaker. the Peterson amendment today. Florida coastal areas? Do you think I reserve the balance of my time. Mr. LINCOLN DIAZ-BALART of that is going to halt our folks going to Ms. MATSUI. Mr. Speaker, I would Florida. Mr. Speaker, just the State I your State, my friend from , to like to bring us back to the measure at am honored to represent alone, Flor- enjoy these great, healthy beaches. My hand which is H. Res. 1083 which pro- ida, exports are expected to jump by folks can’t afford to drive to these vides for consideration of H.R. 2537, the over $160 million, and 1,700 jobs are to beaches to enjoy them anymore. Beach Protection Act of 2007, and I be created in the first year alone if the And what is the Democrat plan for would like to yield 3 minutes to the agreement with Colombia is ratified. gas prices? Silence. Nothing. The only gentlewoman from Florida (Ms. CAS- That is just the State that I am hon- plan is the plan to fail. The only plan TOR), a member of the Rules Com- ored to represent alone. is higher prices. Here it is: $58 a barrel mittee. At this point, Mr. Speaker, I would when you came in, $110 a barrel today. Ms. CASTOR. I thank my good friend like to yield 5 minutes to the gen- Let me give you some quotes. Speak- and colleague from the Rules Com- tleman from Illinois (Mr. SHIMKUS). er NANCY PELOSI said on April 24, 2006, mittee. (Mr. SHIMKUS asked and was given ‘‘Democrats have a commonsense plan Mr. Speaker, oftentimes there is permission to revise and extend his re- to bring down skyrocketing gas great irony here in Washington, and marks.) prices.’’ here is another example. The House Mr. SHIMKUS. Mr. Speaker, I appre- will consider today this rule and the ciate my colleague bringing up the b 1045 Beach Protection Act. The intent of issue of energy and the connection of Well, these skyrocketing prices the Beach Protection Act is to protect energy to this bill because that is what aren’t going down, folks. Speaker America’s beautiful coastlines from we intend to do here today. PELOSI’s plan is to have skyrocketing water pollution. But here is the irony: The irony behind this debate is that price increases for gasoline, not de- Big oil interests have filed an amend- Americans really appreciate healthy creases. We got it wrong. ment that puts our beaches and Amer- beaches; but what they are really mad It’s this whole change mentality. ica’s coastlines at risk. Their proposed about is high gas prices. I have three Change is good. Change can be bad. The amendment seeks to open up our beau- kids, 15, 13 and 8. My wife is driving change in this majority has been bad tiful coastlines to offshore drilling of them all over the world to attend every for the cost of energy in this country. oil and gas. New offshore oil and gas event that kids do today, and the soc- And what are we doing? We’re talk- drilling represents a real hazard to our cer moms of the world are outraged ing about healthy beaches. Healthy marine environment, especially in my over the price of gas that they are pay- beaches. We ought to be talking about home State of Florida and the Tampa ing. the price of gasoline. We ought to be Bay area. And what has this Democrat major- talking about the price of diesel fuel. The beaches, the coastal environ- ity been doing to continue to affect the We ought to be talking about the price ment, marine resources and our billion- price of gas, we just heard it, let’s take of electricity generation, nuclear dollar tourism industry in Florida more assets off the ability to explore. power, clean coal technology. But no, should not be sacrificed for a small We just heard it from my colleague healthy beaches. I hope my folks can amount of oil and natural gas because who just said no more exploration for enjoy and benefit by these healthy the oil and natural gas that is pro- oil. Where is the plan that the Speaker beaches.

VerDate Aug 31 2005 00:51 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.008 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2172 CONGRESSIONAL RECORD — HOUSE April 10, 2008 It’s been days since Majority Leader average American citizen can afford to to the distinguished gentleman from Il- STENY HOYER said, ‘‘Democrats believe do the job. In rural America, when we linois (Mr. SHIMKUS). that we can do more for the American have to drive long distances, this di- (Mr. SHIMKUS asked and was given people who are struggling to deal with rectly affects the pocketbook of every permission to revise and extend his re- high gas prices.’’ Mr. Majority leader, citizen in rural America. Every citizen. marks.) what did you do? You raised prices. They’re going to drive 20, 30, 40 miles Mr. SHIMKUS. Mr. Speaker, I would You didn’t decrease prices. You raised just to go to work. understand my colleague would be prices. Everyone knows that prices Talk about the inner cities and the upset about speaking. I would under- have gone up. traffic congestion, the people who are stand why you would be ashamed about Truckers are going to strike over idling, they’re going to end up paying talking about healthy beaches and not record diesel prices. Diesel this week more. addressing the real concerns of Amer- was at an average of more than $4 a Four times the Democrats have said ica which is high energy costs. gallon in Oregon and Washington, and we’re going to change the gas price de- I’ve been on the floor numerous nearly $4.12. bate here in America and we’re going times, motions to recommit over the The SPEAKER pro tempore. The to lower prices. We know that that past year and a half to talk about en- time of the gentleman from Illinois has hasn’t worked. Not only have they ergy crises. One the big things I’ve expired. added insult to injury, they said not talked about is coal to liquid tech- Mr. LINCOLN DIAZ-BALART of only aren’t we paying enough in gas nologies. Florida. I yield the gentleman an addi- prices now, but we want to put more You know what? It was your col- tional 2 minutes. taxes on gasoline. Shoot, $3.50 is not league who stepped on the floor and Mr. SHIMKUS. In California, accord- enough. Let’s get to 4. Let’s pay $4.50 a talked about we don’t want oil explo- ing to the American Trucking Associa- gallon. Let’s pay higher energy costs. ration off the coast. We don’t want tion, if a trucker is filling up a 300-gal- And what do we see? The periodicals more crude oil supplies. lon semi, that bill could top $1,200. and newspapers, the print media are Well, I have a solution that would We want to talk about competitive starting to understand. In the Buffalo help keep our beaches healthy. Let’s nature. We want manufacturing jobs in News, April 9: $4 Gasoline Seems Pos- use coal to liquid technologies. Let’s this country. Energy prices are killing sible This Summer. mine our vast abundant resource of our ability to compete in the world There used to be a time when Ameri- coal right here. Let’s build a coal to economy. It’s killing our ability to get cans got outraged at $3 a gallon. Well, liquid refinery. In fact, Sasol, the or product to the ports to ship them we’ve sensitized them to over $3 a gal- South African energy company, just overseas to be competitive. It’s killing lon. They were promised by the Demo- announced that the Brits are going to our ability to manufacture the goods crat majority they would lower gas buy synthetic aviation fuel. using innovation and technology, be- prices. They’ve increased gas prices. You know, we had all these aviation cause that requires energy. Now we have to get prepared for $4 a industry folks just go bankrupt, these No energy plan is a plan to fail. gallon. low cost airlines that could get to Change is not always good. This is a What’s next? these healthy beaches. You know one change that the Democrat majority No energy plan is a plan to fail. The reason why they went bankrupt? The has brought us. $58.31, the price of a Washington Times: Price at the Pump high cost of aviation fuel. Those are barrel of crude oil upon the assumption Likely to Reach $4. Fox News, Denver, jobs gone. Those are the inability of me of the leadership here in this chamber. Colorado: $4 Per Gallon Creeps Closer. and my family on a low cost airline to Current price today, $110.61. I have The SPEAKER pro tempore. The appreciate these healthy beaches. those on Velcro tabs so I can just keep time of the gentleman from Illinois has Well, I have a solution. They’ve been following that price as it keeps going again expired. to the floor on motion to commit coal up. Mr. LINCOLN DIAZ-BALART of to liquid technology. Get our coal, re- Sometimes a barrel of crude oil is Florida. I yield the gentleman 1 addi- fine it in to liquid fuels, put it in a hard to follow. People don’t know what tional minute, Mr. Speaker. pipeline and ship it to our commercial it translates into. Well, I translated it Mr. SHIMKUS. Friends, healthy and military aviation. earlier, from $2.33 a gallon, to, on aver- beaches are important. We all want to I’ve been using this chart for a year age, $3.34 a gallon, and we know it’s benefit from them. I’d like to take my and a half. Has this majority moved on going to hit 4. We know it’s going to family to a beach. A lot of my con- decreasing our reliance on imported hit 4. And when it hits 4, who are they stituents like to go there. But if they crude oil? Negligibly. Zip, zero. Maybe going to call? They’re going to call us. can’t afford the gasoline in the on the RFS. I voted for it. I appreciate And what are we going to say? We’re minivan to get them to appreciate that. going to say, ‘‘Oh, the Democrats these healthy beaches, for what ben- But doing anything to expand our promised a plan in 2006 to lower efit? ability to get our own resources, no, prices.’’ They’re in the majority now. The Democrats, when they were in we’re here talking about healthy Let’s see their plan. the majority, promised us, I’ve got the beaches. We don’t want to talk about A failure to plan is a plan that fails. quotes, they promised us lower gas crude oil exploration. We want to talk You have no plan. We’re increasing our prices, lower gas prices. I read the about pristine beaches. We don’t want costs. The economy is hurting, and we quotes. Speaker PELOSI, Majority to talk about that we’re paying $110 per bring healthy beaches to the floor. Leader HOYER, I’ve got one from JIM barrel of crude oil when it was $58 when Healthy beaches. High energy costs. CLYBURN. Lower prices. you all came into the majority. Trans- And my colleague who just followed What do we have? Higher prices? And lates to a dollar more in gas. It’s going me talked about excluding exploration it’s about time you started accepting to reach 4. of energy. She tied this debate to en- responsibility and do something about The SPEAKER pro tempore. The ergy. She understood the importance. these high prices. time of the gentleman from Illinois has The SPEAKER pro tempore. The Ms. MATSUI. Mr. Speaker, I thought expired. time of the gentleman from Illinois has we were doing a rule and not special or- Mr. LINCOLN DIAZ-BALART of again expired. ders right now. Florida. I yield the gentleman an addi- Mr. LINCOLN DIAZ-BALART of We are working on the rule for the tional 2 minutes. Florida. I yield the gentleman 2 addi- beaches, and we want to keep Ameri- Mr. SHIMKUS. So we have some op- tional minutes. cans safe from water pollutants. tions. We can be here spending all day Mr. SHIMKUS. Democrats have I want to say we have an obligation talking about healthy beaches while voted, not once, not twice, but four to ensure Americans are safe and our businesses and industries fall fur- times to raise energy taxes on the healthy, and this act would do it. ther behind, fail to compete because of 110th Congress. I reserve my time. high energy costs. There’s a debate in the State of Illi- Mr. LINCOLN DIAZ-BALART of I haven’t even got involved in cli- nois to lower our gas tax. Why? So the Florida. Mr. Speaker, I yield 2 minutes mate change. Climate change is going

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.011 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2173 to bring additional cost to your gas have the rest of the world consuming more and more. We have $3.40 gasoline, tank, to your electricity. In fact, the greater and greater amounts of energy soon to be $4, and if we have a storm in only one who’s been intellectually hon- making us now bid for our energy. the gulf this summer, we will be look- est about this is Chairman DINGELL. I find it interesting. They like to say ing at $5 gasoline. $5 gasoline will sink What does he say? Fifty cents a gallon it’s the six big American oil companies, our economy. more to comply with climate change. or I guess it’s five, that are the cause We must have an energy policy. Now, if we want to do that, then let’s of our energy prices. The fact is, this Ms. MATSUI. I reserve. vote on it. But you know what? You Congress and the last three administra- Mr. LINCOLN DIAZ-BALART of won’t do it because it’ll take that $4 a tions are the reason we have high en- Florida. We have no further speakers, gallon a gas and move it up to $4.50. ergy prices. This Congress locked up. Mr. Speaker, and I appreciated the de- Guess what? People are going to say, This map right here shows we’re the bate. Obviously, the legislation is of let’s re-evaluate this. Let’s understand only country in the world that’s locked importance, the subject is of impor- if all the world nations are going to up the outer continental shelf, the best tance. We do need to preserve, protect comply. Do we want all this pain, all and safest place to produce energy. that great treasure that our beaches that job dislocation, all these higher Every country in the world produces are, but there are a number of issues energy costs and no benefit? there. will soon be producing en- that do need to be discussed that are If and do not comply, we ergy 50-some miles off our coasts where not being discussed. get no benefit. All pain, no gain. All we prohibit. Unfortunately, one issue that should pain, job dislocation, higher energy We need to have an energy policy. We not be discussed is going to be dis- costs, no gain. We ought to insist, be- need to open up our midwest. We need cussed today which is to single out and fore we go into any climate change to open up our offshore. I have the bill. discriminate against Colombia, our agreement, that India and China sign I heard talk in here a little bit ago best friend in this hemisphere, in a on the dotted line verifiable that we about how we are going to savage the shocking way, ultimately an unfortu- know they’re going to comply. beaches. My bill opens up for natural nate way. You know what? I’ve talked to them. gas only. The first 25 miles are locked We have no further speakers on this They’re not going to do it. They are up. The second 25 miles are only open if legislation, and I yield back the bal- not going to do it. States choose to. The second 50 miles ance of my time. Ms. MATSUI. Mr. Speaker, I thank So why assume these costs? Why bur- are open; States can still close it with the gentleman from Florida, and I den the American consumer? Why de- the legislation. And the second hun- yield myself the balance of my time. plete our hotel and tourism industry dred miles are open. I ask for some Member of this Con- First, let me say that there is no by people not being able to get there, need to open up more sensitive natural either through airlines who have failed gress to show me a natural gas well that has ever polluted a beach. Natural areas to drilling. The United States has or the ability to drive the long dis- 3 percent of the world’s resources but tances to get there. gas bubbles up under the ground all over the country from gas pressure in 25 percent of the demand. It is obvious This majority has had no plan to ad- that there is no way for us to drill our dress. Well, they have. They’ve prom- the earth. Natural gas comes out of the ground naturally, and if we put a 6- way to energy independence. ised, lower gas prices, 2006. This Demo- If we are really concerned about low- inch hole in the ground, it comes out in crat majority promised lower gas ering energy costs and reducing de- a commercial way that we can heat our prices, lower gas prices. What do we pendence on foreign oil, we need to in- homes. have? Higher gas prices. And no plan to vest in renewable resources, and we America has had the highest natural mitigate. have passed legislation to do just that. gas prices in the world. Natural gas is You know how you mitigate it? You The open rule before us today is a not a world price. Oil is a world price. bring on more supply. And you all fair rule that allows for debate on the Natural gas is not a world price. For 7 won’t do that. important issues that face our country, years now, soon going on 8, we’ve had Ms. MATSUI. Mr. Speaker, I would from water pollutants to public health the highest natural gas prices in the inquire of the gentleman if he has any concerns. It is Congress’ responsibility world, and our fertilizer companies are remaining speakers. to set high standards and assert proper leaving because they use so much of it. Mr. LINCOLN DIAZ-BALART of oversight of these issues. Florida. Yes. We have an additional Our petrochemical manufacturers are The underlying bill, H.R. 2537, takes speaker. leaving, our polymers and plastic com- huge steps to promote public health Ms. MATSUI. I reserve. panies are leaving. People who have throughout the great beaches of our Mr. LINCOLN DIAZ-BALART of bend metal, treat metal, cook food are country and ensure that our beaches Florida. Mr. Speaker, it is my privilege going to do it in other places where will be preserved for future generations to yield 4 minutes to the distinguished natural gas is a fraction than it is here. to enjoy and benefit from. gentleman from Pennsylvania (Mr. PE- Clean, green natural gas is what Amer- Congress has a distinct obligation to TERSON). ica ought to be running on until we future generations to keep our water Mr. PETERSON of Pennsylvania. Mr. have viable renewable. clean and preserve our beaches. This Speaker, I rise today with a deep con- I met with wind people this morning. bill increases funding for States to ef- cern. We, as a country, will be a sec- I’m for all the wind we can get. But if fectively monitor the coasts, ensure ond-rate nation in the next decade if we double wind and solar, which so swift public notification and takes us we don’t have an energy policy. Amer- many people are counting on, in the into the next generation of water mon- ica needs an energy policy. We need to next 5 years we will be less than three- itoring. We have a commitment to have a plan of how we’re going to have quarters of 1 percent of our energy keep the millions who visit our beaches available, affordable fuel for everybody needs. safe and informed. This bill does just to run our companies, to heat our I find it unexplainable that we have that, and I urge its adoption. homes, to drive our cars. the highest fuel prices for trucks and Mr. Speaker, I urge a ‘‘yes’’ vote on We don’t have an energy policy, cars, the highest heating home costs on the previous question and on the rule. folks. We have a policy where we’ve record, and this Congress doesn’t even I yield back the balance of my time, locked up our resources and we’re talk about it. We don’t have a plan. We and I move the previous question on going to let the rest of the world are doing stimulus packages because the resolution. produce. Our dependence on foreign oil energy is taking the life out of our The previous question was ordered. has increased 2 percent a year every economy. The SPEAKER pro tempore. The year for 20 years. We’re going to need to do a stimulus question is on the resolution. package every 6 months, because as The question was taken; and the b 1100 soon as we inject another $220 billion Speaker pro tempore announced that We are on that path of maybe going in, the energy policies of this country the ayes appeared to have it. to 3 percent a year. Because when we are going to suck it right back out be- Ms. MATSUI. Mr. Speaker, on that I don’t produce, they do and we pay. We cause Americans are going to spend demand the yeas and nays.

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.013 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2174 CONGRESSIONAL RECORD — HOUSE April 10, 2008 The yeas and nays were ordered. Meek (FL) Rahall Spratt NOT VOTING—19 Meeks (NY) Rangel Stark The SPEAKER pro tempore. Pursu- Andrews Gordon Rush Melancon Reyes Sutton Bishop (NY) Granger Ryan (WI) ant to clause 8 of rule XX, further pro- Michaud Richardson Tanner Bishop (UT) Jones (OH) Sires ceedings on this question will be post- Miller (NC) Rodriguez Tauscher Buyer Klein (FL) Weiner Miller, George Ross Taylor poned. Cubin Larson (CT) Wexler Mollohan Rothman Thompson (MS) Ferguson Pearce f Moore (KS) Roybal-Allard Tierney Gohmert Ramstad Moore (WI) Ruppersberger Towns THE JOURNAL Moran (VA) Ryan (OH) Tsongas b 1130 Murphy (CT) Salazar Udall (NM) Mr. HAYES changed his vote from The SPEAKER pro tempore. Pursu- Murphy, Patrick Sa´ nchez, Linda Van Hollen ant to clause 8 of rule XX, the unfin- Murtha T. Vela´ zquez ‘‘yea’’ to ‘‘nay.’’ ished business is the question on agree- Nadler Sanchez, Loretta Visclosky Messrs. ALTMIRE, MCDERMOTT, ing to the Speaker’s approval of the Napolitano Sarbanes Walz (MN) and CARNEY changed their vote from Neal (MA) Schakowsky Wasserman Journal which the Chair will put de ‘‘nay’’ to ‘‘yea.’’ Oberstar Schiff Schultz So the Journal was approved. novo. Obey Schwartz Waters The question is on the Speaker’s ap- Olver Scott (GA) Watson The result of the vote was announced proval of the Journal. Ortiz Scott (VA) Watt as above recorded. Pallone Serrano The question was taken; and the Waxman f Pascrell Sestak Welch (VT) Speaker pro tempore announced that Pastor Shea-Porter Whitfield (KY) COMMUNICATION FROM THE the ayes appeared to have it. Paul Sherman Wilson (OH) CLERK OF THE HOUSE Ms. MATSUI. Mr. Speaker, I object Payne Skelton Woolsey The SPEAKER laid before the House to the vote on the ground that a Peterson (MN) Slaughter Wu Peterson (PA) Smith (WA) Wynn the following communication from the quorum is not present and make the Pickering Snyder Yarmuth Clerk of the House of Representatives: point of order that a quorum is not Pomeroy Solis present. Price (NC) Space OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Evi- NAYS—182 Washington, DC, April 9, 2008. dently a quorum is not present. Hon. NANCY PELOSI, The Sergeant at Arms will notify ab- Aderholt Gilchrest Petri Akin Gingrey Pitts Speaker, House of Representatives, Washington, sent Members. Alexander Goode Platts DC. Pursuant to clause 8 of rule XX, this Bachmann Graves Poe DEAR MADAM SPEAKER: I have the honor to 15-minute vote on approval of the Jour- Bachus Hall (TX) Porter transmit herewith a scanned copy of a cer- nal will be followed by 5-minute votes Barrett (SC) Hastings (WA) Price (GA) tificate from the Honorable Debra Bowen, Bartlett (MD) Hayes Pryce (OH) on adoption of H. Res. 1083 and motion Secretary of State for the State of Cali- Barton (TX) Heller Putnam fornia, indicating that, according to the Biggert Hensarling to suspend the rules on H. Res. 1038. Radanovich semi-final official canvass of votes from the The vote was taken by electronic de- Bilbray Herger Regula Bilirakis Hobson Special Election held April 8, 2008, the Hon- Rehberg vice, and there were—yeas 228, nays Blackburn Hoekstra orable Jackie Speier was elected Representa- Reichert Blunt Hulshof 182, answered ‘‘present’’ 1, not voting Renzi tive to Congress for the Twelfth Congres- Boehner Hunter 19, as follows: Reynolds sional District, State of California. Bonner Inglis (SC) With best wishes, I am [Roll No. 178] Bono Mack Issa Rogers (AL) Rogers (KY) Sincerely, YEAS—228 Boozman Johnson, Sam Boustany Jones (NC) Rogers (MI) LORRAINE C. MILLER. Abercrombie Crowley Holden Brady (TX) Rohrabacher Enclosure. Ackerman Cuellar Holt Ros-Lehtinen Broun (GA) Keller CERTIFICATE OF ELECTION Allen Cummings Honda Brown (SC) King (IA) Roskam Altmire Davis (AL) Hooley Burgess King (NY) Royce I, Debra Bowen, Secretary of State of the Arcuri Davis (CA) Hoyer Burton (IN) Kingston Sali State of California, hereby certify: Baca Davis (IL) Inslee Camp (MI) Kline (MN) Saxton That according to the semi-final official Baird Davis, Lincoln Campbell (CA) Knollenberg Schmidt canvass of votes cast in the Special Primary Baldwin DeFazio Jackson (IL) Cannon Kuhl (NY) Sensenbrenner Election held on the 8th day of April, 2008 in Barrow DeGette Jackson-Lee Cantor LaHood Sessions the 12th Congressional District, Jackie Bean Delahunt (TX) Capito Lamborn Shadegg Becerra DeLauro Jefferson Speier was elected to the office of United Carter LaTourette Shays Berkley Dent Johnson (GA) States Representative, District 12 for the Castle Latta Shimkus Berman Dicks Johnson (IL) Chabot Lewis (CA) Shuler term prescribed by law. Berry Dingell Johnson, E. B. Coble Lewis (KY) Shuster In witness whereof, I hereunto set my hand Bishop (GA) Doggett Kagen Cole (OK) Linder Simpson and affix the Great Seal of the State of Cali- Blumenauer Donnelly Kanjorski Conaway LoBiondo fornia at Sacramento, this 9th day of April Boren Doyle Kaptur Smith (NE) Crenshaw Lucas Smith (NJ) 2008. Boswell Edwards Kennedy Culberson Lungren, Daniel Smith (TX) DEBRA BOWEN, Boucher Ellison Kildee Davis (KY) E. Boyd (FL) Emanuel Kilpatrick Souder Secretary of State. Davis, David Mack Stearns Boyda (KS) Engel Kind Davis, Tom Manzullo f Brady (PA) Eshoo Kirk Stupak Deal (GA) Marchant Sullivan Braley (IA) Etheridge Kucinich Diaz-Balart, L. McCarthy (CA) SWEARING IN OF THE HONORABLE Terry Brown, Corrine Farr Lampson Diaz-Balart, M. McCaul (TX) Thompson (CA) JACKIE SPEIER, OF CALIFORNIA, Brown-Waite, Fattah Langevin Doolittle McCotter Thornberry AS A MEMBER OF THE HOUSE Ginny Filner Larsen (WA) Drake McCrery Tiahrt Buchanan Fortenberry Latham Dreier McHenry The SPEAKER. Will the Representa- Butterfield Foster Lee Tiberi Duncan McHugh tive-elect and the members of the Cali- Calvert Frank (MA) Levin Ehlers McKeon Turner Capps Giffords Lewis (GA) Ellsworth McMorris Udall (CO) fornia delegation present themselves in Capuano Gillibrand Lipinski Emerson Rodgers Upton the well. Cardoza Gonzalez Loebsack English (PA) Mica Walberg Carnahan Goodlatte Lofgren, Zoe Walden (OR) Ms. SPEIER appeared at the bar of Everett Miller (FL) the House and took the oath of office, Carney Green, Al Lowey Fallin Miller (MI) Walsh (NY) Carson Green, Gene Lynch Feeney Miller, Gary Wamp as follows: Castor Grijalva Mahoney (FL) Flake Mitchell Weldon (FL) Do you solemnly swear or affirm that Chandler Gutierrez Maloney (NY) Forbes Moran (KS) Weller you will support and defend the Con- Clarke Hall (NY) Markey Fossella Murphy, Tim Westmoreland Clay Hare Marshall Foxx Musgrave Wilson (NM) stitution of the United States against Cleaver Harman Matheson Franks (AZ) Myrick Wilson (SC) all enemies, foreign and domestic; that Clyburn Hastings (FL) Matsui Frelinghuysen Neugebauer Wittman (VA) Cohen Herseth Sandlin McCarthy (NY) you will bear true faith and allegiance Gallegly Nunes Wolf to the same; that you take this obliga- Conyers Higgins McCollum (MN) Garrett (NJ) Pence Young (AK) Cooper Hill McDermott Gerlach Perlmutter Young (FL) tion freely, without any mental res- Costa Hinchey McGovern ervation or purpose of evasion; and Costello Hinojosa McIntyre ANSWERED ‘‘PRESENT’’—1 Courtney Hirono McNerney that you will well and faithfully dis- Cramer Hodes McNulty Tancredo charge the duties of the office on which

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.016 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2175 you are about to enter, so help you The SPEAKER. The Chair recognizes Street Americans as Wall Street specu- God. the gentlewoman from California. lators?’’ The SPEAKER. Congratulations. You Ms. SPEIER. Thank you, Madam As long as I am here, I will strive to are now a Member of the 110th Con- Speaker. make sure that the voices of Main gress. It is a real honor to be introduced by Street are heard as loudly as the voices f the dean of the California delegation, of Wall Street. who was, as he mentioned, serving his Madam Speaker, you are an inspira- WELCOMING THE HONORABLE district with distinction when I was a tion to me, to America, and to women JACKIE SPEIER TO THE HOUSE mere staffer here in the U.S. House of all over the world. I stand before you OF REPRESENTATIVES Representatives. And I’m thrilled to be eager to learn and ready to help make The SPEAKER. Without objection, joining the gentlewoman from Cali- the laws of the greatest country on the gentleman from California is recog- fornia, Congresswoman ANNA ESHOO, Earth reflect its values: fairness, jus- nized for 1 minute. one of my longest and dearest friends, tice, and a guarantee that working There was no objection. and the gentleman from California, men and women, parents, students, Mr. STARK. Madam Speaker and my Congressman THOMPSON, who taught seniors, the disabled, and the dis- colleagues, as dean of the California me all I needed to know when I first ar- affected, every American, has the right delegation, it’s my privilege, my honor, rived in the State capital back in 1986. to a seat at the table of opportunity. and my pleasure to introduce the new- Madam Speaker, I didn’t think it was Thank you very much. est Member of the California delega- possible for a person to be filled with f tion, JACKIE SPEIER. both pride and humility at the same JACKIE was overwhelmingly elected time. But that is exactly how I feel ANNOUNCEMENT BY THE SPEAKER by the residents of California’s 12th today. I am proud to have been chosen The SPEAKER. Under clause 5(d) of Congressional District this week in a by a substantial majority of San Fran- rule XX, the Chair announces to the special election to succeed our late and cisco and San Mateo County voters. House that, in light of the administra- esteemed colleague Tom Lantos. Prior I’m humbled by the faith they have tion of the oath of office to the gentle- to his passing, Tom endorsed JACKIE placed in me and by the awesome leg- woman from California, the whole for the seat, and I know he would share acy this particular seat holds. number of the House is 432. our pride in welcoming her today. Recently, I was introduced as having JACKIE first came to Congress with been elected to replace Tom Lantos. I f me, with my class, as Chief of Staff for had to laugh. I was elected to succeed ANNOUNCEMENT BY THE SPEAKER Congressman Leo Ryan, who held the Congressman Lantos. No one will ever PRO TEMPORE same congressional seat that she has replace him. just won. She was in with Leo I also follow in the footsteps of Leo The SPEAKER pro tempore (Mr. helping to investigate the Reverend Ryan, who served this Chamber with CUELLAR). Without objection, 5-minute Jim Jones when her boss was assas- distinction until he was assassinated 30 voting will continue. sinated and JACKIE was seriously years ago, and I am honored to intro- There was no objection. wounded. duce his daughter Erin Ryan, who is in f She survived and went on to serve as the Members gallery. the youngest member ever elected to I was privileged to serve on Congress- PROVIDING FOR CONSIDERATION the San Mateo County Board of Super- man Ryan’s staff because I learned OF H.R. 2537, BEACH PROTECTION visors and served 10 years in the State from one of the best. He taught me ACT OF 2007 Assembly, another 8 years in the Cali- three important lessons: One, question The SPEAKER pro tempore. The un- fornia Senate. the status quo; two, always listen to finished business is the vote on adop- She comes to us with an outstanding the people you represent; and, three, tion of House Resolution H. Res. 1083, record of legislative victories, which always stand up for what you believe in on which the yeas and nays were or- she will, no doubt, extend in the U.S. even if you have to stand alone. dered. Congress. Madam Speaker, I was struck with The Clerk read the title of the resolu- I would like you to join me in wel- something while campaigning for this tion. coming JACKIE; her husband, Barry; seat. A public servant is never more in The SPEAKER pro tempore. The and her children, Jackson and Steph- tune with her constituents than when question is on the resolution. anie to our congressional family. she is first running for the office. While This will be a 5-minute vote. Welcome, JACKIE. holding over 60 community meetings The vote was taken by electronic de- Madam Speaker, I yield to my assist- across my district this year, the most vice, and there were—yeas 224, nays ant dean, the distinguished gentleman common question was, ‘‘When will we 192, not voting 15, as follows: from California (Mr. DREIER). get out of Iraq?’’ It was asked by voters [Roll No. 179] Mr. DREIER. Madam Speaker, I across the spectrum: veterans, stu- thank my friend for yielding. dents, parents, the prosperous, middle YEAS—224 I would like to, on behalf of the Cali- class, those still working towards their Abercrombie Capuano Delahunt Ackerman Cardoza DeLauro fornia GOP delegation, extend a hearty piece of the American Dream. Allen Carnahan Dicks congratulations to our new colleague. The process to bring the troops home Altmire Carney Dingell Of course, it is with mixed emotions must begin immediately. The Presi- Arcuri Carson Doggett that we’re here because we are very Baca Castor Donnelly dent wants to stay the course, and a Baird Chandler Doyle still thinking about the life and the man who wants to replace him suggests Baldwin Clarke Edwards contribution of our colleague Tom Lan- we could be in Iraq for a hundred years. Barrow Clay Ellison tos but very pleased that you are going But, Madam Speaker, history will Bean Cleaver Ellsworth Becerra Clyburn Emanuel to be able to work in the spirit of bi- not judge us kindly if we sacrifice four Berkley Cohen Engel partisanship that the California dele- generations of Americans because of Berman Conyers Eshoo gation has pursued for years. the folly of one. Berry Cooper Etheridge And I will say that while members of And, Madam Speaker, as passionate Bilbray Costa Farr Bishop (GA) Costello Fattah your family have been introduced, I as people are about getting out of Iraq, Blumenauer Courtney Filner have to quickly say, as I just did to they are also worried, about their jobs, Boren Cramer Foster you, that I’m sorry that your mother is their houses, and their futures. I got an Boswell Crowley Frank (MA) Boucher Cuellar Giffords not here. I hope very much that she’s earful from taxpayers outraged that Boyd (FL) Cummings Gillibrand watching on television because we the Fed bailed out Bear Stearns while Boyda (KS) Davis (AL) Gonzalez spent a great evening together years neighbors are losing their homes to Brady (PA) Davis (CA) Gordon ago, and I’m glad that she is doing predatory lending practices. A man in Braley (IA) Davis (IL) Green, Al Brown, Corrine Davis, Lincoln Green, Gene well. And we are looking forward to a union hall put it simply: ‘‘When will Butterfield DeFazio Grijalva working for our State together. our government care as much for Main Capps DeGette Gutierrez

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.019 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2176 CONGRESSIONAL RECORD — HOUSE April 10, 2008 Hall (NY) Matsui Sarbanes Rehberg Sensenbrenner Tiberi Deal (GA) Kennedy Pitts Hare McCarthy (NY) Schakowsky Reichert Sessions Turner DeFazio Kildee Platts Harman McCollum (MN) Schwartz Renzi Shadegg Upton DeGette Kilpatrick Poe Hastings (FL) McDermott Scott (GA) Reynolds Shays Walberg Delahunt Kind Pomeroy Herseth Sandlin McGovern Scott (VA) Rogers (AL) Shimkus Walden (OR) DeLauro King (IA) Porter Higgins McIntyre Serrano Rogers (KY) Shuster Walsh (NY) Dent King (NY) Price (GA) Hill McNerney Sestak Rogers (MI) Simpson Wamp Diaz-Balart, L. Kingston Price (NC) Hinchey McNulty Shea-Porter Rohrabacher Smith (NE) Weldon (FL) Diaz-Balart, M. Kirk Putnam Hinojosa Meek (FL) Sherman Ros-Lehtinen Smith (NJ) Weller Dicks Klein (FL) Radanovich Hirono Meeks (NY) Shuler Roskam Smith (TX) Westmoreland Dingell Kline (MN) Rahall Hodes Melancon Skelton Roybal-Allard Souder Whitfield (KY) Doggett Knollenberg Regula Holden Michaud Slaughter Royce Stearns Wilson (NM) Donnelly Kuhl (NY) Rehberg Holt Miller (NC) Smith (WA) Ryan (WI) Sullivan Wilson (SC) Doolittle LaHood Reichert Honda Miller, George Snyder Sali Tancredo Wittman (VA) Doyle Lamborn Renzi Hooley Mitchell Solis Saxton Terry Wolf Drake Lampson Reyes Hoyer Mollohan Space Schiff Thornberry Young (AK) Dreier Langevin Reynolds Schmidt Tiahrt Young (FL) Inslee Moore (KS) Speier Duncan Larsen (WA) Richardson Israel Moore (WI) Spratt Edwards Latham Rodriguez Jackson (IL) Moran (VA) NOT VOTING—15 Stark Ehlers LaTourette Rogers (AL) Jackson-Lee Murphy (CT) Stupak Andrews Cubin Larson (CT) Ellison Latta Rogers (KY) (TX) Murphy, Patrick Bachus Davis, Tom Ramstad Sutton Ellsworth Lee Rogers (MI) Jefferson Murtha Bishop (NY) Ferguson Rush Tanner Emanuel Levin Rohrabacher Johnson (GA) Nadler Bishop (UT) Granger Sires Tauscher Emerson Lewis (CA) Ros-Lehtinen Johnson, E. B. Napolitano Buyer Jones (OH) Weiner Engel Lewis (GA) Roskam Kagen Neal (MA) Taylor Thompson (CA) English (PA) Lewis (KY) Ross Kanjorski Oberstar b 1150 Eshoo Linder Rothman Kaptur Olver Thompson (MS) Tierney Mr. LINCOLN DAVIS of Tennessee Etheridge Lipinski Roybal-Allard Kennedy Ortiz Everett LoBiondo Royce Kildee Pallone Towns changed his vote from ‘‘nay’’ to ‘‘yea.’’ Tsongas Farr Loebsack Ruppersberger Kilpatrick Pascrell So the resolution was agreed to. Fattah Lofgren, Zoe Ryan (OH) Kind Pastor Udall (CO) Udall (NM) The result of the vote was announced Feeney Lowey Ryan (WI) Klein (FL) Payne Filner Lucas Salazar Kucinich Perlmutter Van Hollen as above recorded. Vela´ zquez Flake Lungren, Daniel Sali Lampson Peterson (MN) A motion to reconsider was laid on Fortenberry E. Sa´ nchez, Linda Langevin Visclosky Pomeroy the table. Fossella Lynch T. Larsen (WA) Price (NC) Walz (MN) Foster Mack Sanchez, Loretta Lee Rahall Wasserman f Foxx Mahoney (FL) Sarbanes Levin Rangel Schultz Frank (MA) Maloney (NY) Saxton Lewis (GA) Reyes Waters RECOGNIZING THE FIFTH ANNI- Franks (AZ) Manzullo Schakowsky Lipinski Richardson Watson VERSARY OF THE DEPARTMENT Frelinghuysen Marchant Schiff Loebsack Rodriguez Watt Gallegly Markey Schmidt Lofgren, Zoe Ross Waxman OF HOMELAND SECURITY Garrett (NJ) Marshall Scott (GA) Lowey Rothman Welch (VT) The SPEAKER pro tempore (Mr. Gerlach Matheson Scott (VA) Lynch Ruppersberger Wexler Giffords Matsui Sensenbrenner Mahoney (FL) Ryan (OH) Wilson (OH) ROSS). The unfinished business is the Gilchrest McCarthy (CA) Serrano Maloney (NY) Salazar Woolsey vote on the motion to suspend the Gillibrand McCarthy (NY) Sessions Markey Sa´ nchez, Linda Wu rules and agree to the resolution, H. Marshall T. Wynn Gingrey McCaul (TX) Sestak Matheson Sanchez, Loretta Yarmuth Res. 1038, on which the yeas and nays Gohmert McCollum (MN) Shadegg were ordered. Gonzalez McCotter Shays NAYS—192 Goode McCrery Shea-Porter The Clerk read the title of the resolu- Goodlatte McDermott Sherman Aderholt Ehlers Latham tion. Gordon McGovern Shimkus Akin Emerson LaTourette The SPEAKER pro tempore. The Graves McHenry Shuler Alexander English (PA) Latta question is on the motion offered by Green, Al McHugh Shuster Bachmann Everett Lewis (CA) Green, Gene McIntyre Simpson Barrett (SC) Fallin Lewis (KY) the gentleman from Pennsylvania (Mr. Grijalva McKeon Skelton Bartlett (MD) Feeney Linder CARNEY) that the House suspend the Hall (NY) McMorris Slaughter Barton (TX) Flake LoBiondo rules and agree to the resolution, H. Hall (TX) Rodgers Smith (NE) Biggert Forbes Lucas Hare McNerney Smith (NJ) Bilirakis Fortenberry Lungren, Daniel Res. 1038. Harman McNulty Smith (TX) Blackburn Fossella E. This will be a 5-minute vote. Hastings (FL) Meek (FL) Smith (WA) Blunt Foxx Mack The vote was taken by electronic de- Hastings (WA) Melancon Snyder Boehner Franks (AZ) Manzullo vice, and there were—yeas 406, nays 3, Hayes Mica Solis Bonner Frelinghuysen Marchant Heller Michaud Souder Bono Mack Gallegly McCarthy (CA) not voting 22, as follows: Hensarling Miller (FL) Space Boozman Garrett (NJ) McCaul (TX) [Roll No. 180] Herger Miller (MI) Speier Boustany Gerlach McCotter Herseth Sandlin Miller (NC) Spratt Brady (TX) Gilchrest McCrery YEAS—406 Higgins Miller, Gary Stark Broun (GA) Gingrey McHenry Abercrombie Bono Mack Carson Hill Miller, George Stearns Brown (SC) Gohmert McHugh Ackerman Boozman Carter Hinchey Mitchell Stupak Brown-Waite, Goode McKeon Aderholt Boren Castle Hinojosa Mollohan Sullivan Ginny Goodlatte McMorris Akin Boswell Castor Hirono Moore (KS) Sutton Buchanan Graves Rodgers Alexander Boucher Chabot Hobson Moore (WI) Tancredo Burgess Hall (TX) Mica Allen Boustany Chandler Hodes Moran (KS) Tanner Burton (IN) Hastings (WA) Miller (FL) Altmire Boyd (FL) Clarke Hoekstra Moran (VA) Tauscher Calvert Hayes Miller (MI) Arcuri Boyda (KS) Clay Holden Murphy (CT) Taylor Camp (MI) Heller Miller, Gary Baca Brady (PA) Cleaver Holt Murphy, Patrick Terry Campbell (CA) Hensarling Moran (KS) Bachmann Brady (TX) Clyburn Honda Murphy, Tim Thompson (CA) Cannon Herger Murphy, Tim Bachus Braley (IA) Coble Hooley Murtha Thompson (MS) Cantor Hobson Musgrave Baird Broun (GA) Cohen Hoyer Musgrave Thornberry Capito Hoekstra Myrick Baldwin Brown (SC) Cole (OK) Hulshof Myrick Tiahrt Carter Hulshof Neugebauer Barrett (SC) Brown, Corrine Conaway Inglis (SC) Napolitano Tiberi Castle Hunter Nunes Barrow Brown-Waite, Conyers Inslee Neal (MA) Tierney Chabot Inglis (SC) Obey Bartlett (MD) Ginny Cooper Israel Neugebauer Towns Coble Issa Paul Barton (TX) Buchanan Costa Issa Nunes Tsongas Cole (OK) Johnson (IL) Pearce Bean Burgess Costello Jackson (IL) Oberstar Turner Conaway Johnson, Sam Pence Becerra Burton (IN) Courtney Jackson-Lee Obey Udall (CO) Crenshaw Jones (NC) Peterson (PA) Berkley Butterfield Cramer (TX) Olver Udall (NM) Culberson Jordan Petri Berman Calvert Crenshaw Jefferson Ortiz Upton Davis (KY) Keller Pickering Berry Camp (MI) Crowley Johnson (GA) Pallone Van Hollen Davis, David King (IA) Pitts Biggert Campbell (CA) Cuellar Johnson (IL) Pascrell Vela´ zquez Deal (GA) King (NY) Platts Bilbray Cannon Culberson Johnson, E. B. Pastor Visclosky Dent Kingston Poe Bilirakis Cantor Cummings Johnson, Sam Payne Walberg Diaz-Balart, L. Kirk Porter Bishop (GA) Capito Davis (AL) Jones (NC) Pearce Walden (OR) Diaz-Balart, M. Kline (MN) Price (GA) Blackburn Capps Davis (CA) Jordan Pence Walsh (NY) Doolittle Knollenberg Pryce (OH) Blumenauer Capuano Davis (IL) Kagen Perlmutter Walz (MN) Drake Kuhl (NY) Putnam Blunt Cardoza Davis (KY) Kanjorski Peterson (MN) Wamp Dreier LaHood Radanovich Boehner Carnahan Davis, David Kaptur Peterson (PA) Wasserman Duncan Lamborn Regula Bonner Carney Davis, Lincoln Keller Pickering Schultz

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.005 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2177 Waters Westmoreland Woolsey United States-Colombia Trade Pro- aster, and, for millions, financial ruin Watson Wexler Wu motion Agreement. The rule suspends is just around the corner. It is simply Watt Whitfield (KY) Wynn Waxman Wilson (NM) Yarmuth the timelines for House consideration not the right time to move forward Weiner Wilson (OH) Young (AK) that are in the fast track law with re- with this trade agreement. Welch (VT) Wilson (SC) Young (FL) spect to consideration of this specific The American people deserve an Weldon (FL) Wittman (VA) Weller Wolf trade agreement. agreement that actually responds to Mr. Speaker, we in Congress have a the needs of the American worker, not NAYS—3 fiduciary obligation to ensure that the makes promises that will not be met. Kucinich Nadler Paul legislation passed through this Cham- By passing the rule today, we will no NOT VOTING—22 ber represents the best interests of longer be bound by arbitrary deadlines Andrews Forbes Pryce (OH) those that sent us here, the American and the House can bring up the agree- Bishop (NY) Granger Ramstad people. To outsource that very basic ment at the appropriate time and Bishop (UT) Gutierrez Rangel legislative responsibility is to advocate under the appropriate conditions. Buyer Hunter Rush Mr. Speaker, there is yet another Cubin Jones (OH) the duties constitutionally prescribed Schwartz reason why this free trade agreement is Davis, Tom Larson (CT) Sires to our branch and raises questions as Fallin Meeks (NY) to why we are here in the first place. untimely and requires additional con- Ferguson Petri The situation we find ourselves in sideration moving toward passage. We ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE today deals directly with that issue. have been promised time after time in The SPEAKER pro tempore (during The President has attempted to dic- trade legislation that there would be the vote). Members have 2 minutes to tate the legislative schedule of the side agreements protecting the life and vote. Congress according to his political cal- work of labor, that there would be en- vironmental safeguards, that there b 1157 endar. Over the objections of congres- sional leadership, he sent Congress the would no longer be child labor. None of So (two-thirds being in the affirma- Colombia Free Trade Agreement in an that has come true. tive) the rules were suspended and the attempt to force consideration of the And it certainly makes one sus- resolution was agreed to. measure within 60 days by using a pro- picious on this trade bill also because The result of the vote was announced vision known as Trade Promotion Au- of the number of trade unionists who as above recorded. thority, or fast track. have been murdered. This makes the A motion to reconsider was laid on Mr. Speaker, I think it is important Colombia Free Trade Agreement hard the table. to dispel a few myths about the action to justify, given the continued violence Stated for: that we take today. The rule we are against the union leaders, subsistence Ms. SCHWARTZ. Mr. Speaker, on rollcall taking up today does not in any way farmers, indigenous people and Afro- No. 180, had I been present, I would have affect the Colombia Free Trade Agree- Colombians. While President Uribe has made some voted ‘‘yea.’’ ment. It simply removes the timeline progress, systematic killings are still f for considering it. It gives the House of far too prevalent to warrant the pas- Representatives the right to schedule b 1200 sage of this bill. Persecution of trade when the agreement is undertaken. RELATING TO THE CONSIDER- unionists is well-known because since There are some who have called into ATION OF H.R. 5724, UNITED the beginning of this year, 12 have al- question whether Congress has the STATES-COLOMBIA TRADE PRO- ready been murdered. Rewarding the right to suspend fast track procedures MOTION AGREEMENT IMPLEMEN- Colombia Government with this bill for trade agreements. One need look no TATION ACT under those conditions eliminates any further than the Trade Act of 1974, the Ms. SLAUGHTER. Mr. Speaker, by leverage the U.S. Government has to legislation that establishes fast track, improve the respect for human rights direction of the Committee on Rules, I to see that the very statute itself al- call up House Resolution 1092 and ask and the rule of law in the future. lows that, like any rule of the House, To push forward at a time of eco- for its immediate consideration. fast track procedures can be suspended. nomic insecurity is simply irrespon- The Clerk read the resolution, as fol- We have also heard some raise ques- sible for working families at home. To lows: tions about what consequences our ac- push forward in the midst of gross vio- H. RES. 1092 tion here today will have on the Sen- lations of human rights in Colombia is Resolved, That section 151(e)(1) and section ate’s consideration of the Colombia simply wrong. 151(f)(1) of the Trade Act of 1974 shall not Free Trade Agreement. The answer is, It is the prerogative of Congress to apply in the case of the bill (H.R. 5724) to im- it will have no effect. suspend fast track if the timing neces- plement the United States-Colombia Trade The rule today was necessitated by Promotion Agreement. sitates it and only when it is in the the partisan and irresponsible actions best interests of the American people. The SPEAKER pro tempore. The gen- of the President. Instead of working By passing the rule today, we are rees- tlewoman from New York is recognized with Congress to reach agreements on tablishing the House of Representa- for 1 hour. this accord, he instead took the un- tives as coequal to the President, and, Ms. SLAUGHTER. Thank you, Mr. precedented step of sending the Colom- in do doing so, we are standing up for Speaker. For the purpose of debate bia trade deal to Congress over the ob- America’s working families. only, I yield the customary 30 minutes jection of congressional leaders. Mr. Speaker, I reserve the balance of to the gentleman from California (Mr. Mr. Speaker, the American people my time. DREIER). All time yielded during con- have been promised a lot when it comes Mr. DREIER. Mr. Speaker, I yield sideration of the rule is for debate to trade. However, in a country whose myself such time as I may consume. only. economy has been devastated by ill- I want to begin by expressing my ap- GENERAL LEAVE conceived trade deals, it can only be preciation to my very good friend, the Ms. SLAUGHTER. I ask unanimous expected that the American people will distinguished Chair of the Committee consent that all Members have 5 legis- remain wary. The promise of good-pay- on Rules, for yielding me the cus- lative days within which to revise and ing work on the horizon has consist- tomary 30 minutes. extend their remarks and insert extra- ently been dashed by the reality of job Mr. Speaker, I have seen many, many neous materials into the RECORD. loss. unexpected political alliances that The SPEAKER pro tempore. Is there Last Friday’s unemployment rate have been formed over the past years objection to the request of the gentle- was 5.1 percent, and more jobs, over that I have been privileged to serve woman from New York? 80,000, were lost last month alone. It is here, but I never expected to be taking There was no objection. yet another indicator of the worsening up a rule that aligns with the goals of Ms. SLAUGHTER. I yield myself economic situation facing millions of Hugo Chavez and South American such time as I may consume. America’s families. Each day it be- narcoterrorists. Mr. Speaker, H. Res. 1092 relates to comes clearer that our country is tee- The U.S.-Colombia Free Trade Agree- the consideration of H.R. 5724, the tering on the edge of economic dis- ment would deliver a significant blow

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.006 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2178 CONGRESSIONAL RECORD — HOUSE April 10, 2008 to Chavez’s authoritarian designs for 90 days before entering into negotia- best and closest ally in South America. the region and the FARC’s terrorist tions. Prior to signing, it requires no- This is an ally that faces a hostile agenda. No one was quicker, no one tice of potential changes to trade rem- neighbor on its border which threatens was quicker to condemn the Presi- edy laws 180 days in advance and notifi- not just Colombia, but the very ideals dent’s decision to send this FTA imple- cation of intent to sign 90 days in ad- of democracy and free markets. This menting legislation to Congress, than vance, followed by advisory committee ally faces an even graver daily threat Hugo Chavez himself. So that is why, reports within 30 days. Sixty days after within its borders; a threat that has Mr. Speaker, what we are considering signing, a list of law changes is due. been weakened by President Uribe’s today is nothing more than the Hugo Ninety days after signing, an Inter- brave efforts, but one that still exists. Chavez rule. national Trade Commission report is b 1215 The agreement, the agreement that due. All of this is designed to ensure I have gone to Colombia twice in the we hope very much we can see this in- that the concerns and prerogatives of past few months, once with Commerce stitution pass, would help to strength- the United States Congress are met. en democratic institutions, provide The administration, Mr. Speaker, Secretary Gutierrez and once with the real economic opportunity for the Co- upheld both the letter and the spirit of Speaker’s House Democracy Assistance Commission. I have seen myself the lombian people and solidify the rule of the law at every single step. High rank- transformation that has taken place. I law. So naturally it is vehemently op- ing officials met with Congress 160 have seen the safe and orderly streets posed by someone who is systemati- times prior to and during negotiations. of Bogota and Medellin. I have seen the cally dismantling representative de- They have held nearly 450 meetings new opportunities and economic mocracy and free markets and resort- since August of 2007 and taken 55 Mem- growth. ing to corruption and crony capitalism bers of Congress to Colombia to see the I have met with the attorney general to enrich government coffers at the ex- situation there for themselves. To say and discussed extensively his efforts to pense of the working poor. That is the that the administration has not upheld prosecute violent offenders and end the legacy of Hugo Chavez. their end of the bargain is outright days of impunity for murderers. I have Naturally, naturally, Mr. Speaker, laughable. sat down with former members of the this agreement is also vehemently op- Now, what is Congress’ end of the paramilitaries, whose leaders have posed by a terrorist organization that bargain under TPA? To hold an up or gone to jail and who are now struggling simply cannot continue to survive in a down vote within 60 days in the House to reintegrate into society with the thriving, stable and transparent de- and 90 days in the Senate. That is the help of government-funded social pro- mocracy with strong institutions and deal, close consultation followed by a grams. This is a country that has come an increasingly prosperous population. timely vote. Congress gets the final miraculously far in just a few short The Government of Colombia, its say, but it has the responsibility to not years and has so far to go. business leaders and its private sector let a complicated and time-consuming I find it shocking that the Demo- unions all strongly support this agree- negotiation go to waste or languish in- cratic leadership would turn their ment for the very reasons it is opposed definitely. backs on our friend and ally who has by the region’s most nefarious forces. We have a negotiation that was accomplished so much and who asks for It would be a giant leap forward in so- launched 4 years ago, concluded 2 years our continued help in accomplishing lidifying their attempts to take back ago, and signed a year-and-a-half ago. even more. This week we have all heard their country from the violent and law- Now, after all of this, all of this con- the lengthy testimony of General less groups that tore it apart for dec- sultation, all of this time, the Demo- Petraeus and Ambassador Crocker. A ades. And yet here we are today consid- cratic leadership wants to make an un- very common theme I have heard from ering a rule that blocks consideration precedented, never before has this been my Democratic colleagues throughout of the agreement under the rules of the done, an unprecedented rule change to this testimony is concern for America’s Trade Promotion Authority which allow them to abrogate their role lost prestige abroad. They decry what were established over 30 years ago. under TPA, all the time while blaming they call our unilateralism and our dis- Many supporters of this Hugo Chavez the administration, and the adminis- regard for the concerns of our allies. rule like to argue that this rule is as tration is somehow to blame for a bro- Yet today they propose to flagrantly much about process as it is substance. ken process. They are just making up commit what the Colombian Vice I regularly make the argument that this nonsense as they go along. President has called a slap in the face. process is substance. So let’s examine Mr. Speaker, ironically, on Wednes- Editorial boards across this country these claims, Mr. Speaker. day morning when the Democratic have similarly slammed this action. The argument has been made that by leadership was announcing their inten- The Washington Post compared it to sending up the implementing legisla- tion to take this highly divisive, par- telling Colombia to ‘‘Drop Dead.’’ The tion without an invitation, the Presi- tisan and unprecedented action, I was Las Vegas Review-Journal says that dent has violated the rules set forth by sending a letter to several of my Demo- what we are doing is ‘‘stabbing our the Trade Act of 1974 and Congress cratic colleagues in which I was reach- trade partners in the back.’’ must take special action to assert its ing out to them in hopes that they The Democratic leadership is deter- role. would join me in a special order next mined to isolate our greatest ally in Mr. Speaker, over the last few years week to talk about Colombia. As col- South America and weaken the re- we have witnessed a number of strug- leagues who have gone to the country gion’s strongest advocate for democ- gles between the first two branches of for ourselves, I was hoping that we racy, flouting national security and government, so congressional preroga- could come together to simply share our international credibility. The dam- tive is a familiar theme these days. what we had seen firsthand in Colom- age to our interests and our leadership And I am a strong supporter of con- bia. will be significant and lasting. gressional prerogative. As a result, the Under TPA, the House has, as I said, Our friends and allies will realize argument in this case has found an 60 days to debate and work together to that our word at the negotiating table overly credulous audience in this body reach consensus, 60 days to work in a cannot be trusted and the rules can be and proven persuasive to the unin- bipartisan way. I thought that our spe- changed in the middle of the game ac- formed, so I will do my Democratic col- cial order describing our experiences cording to the whims of electoral poli- leagues the favor of reviewing the de- would be a constructive and congenial tics. tails of Trade Promotion Authority. way to begin. Unfortunately, the This rule must be defeated for the The statute outlines very clearly the Democratic leadership has cut off this sake of our national security interests, responsibilities of the administration. substantive process before it could our leadership in the international It sets forth a number of negotiating even begin, killing any hope of biparti- community and our responsibilities as principles. It demands that the admin- sanship on this issue. an institution. I urge my colleagues to istration closely consult with Congress Mr. Speaker, their actions are caus- vote ‘‘no.’’ prior to, during and after the negoti- ing even more damage abroad. They Mr. Speaker, with that I reserve the ating process. It requires notification are sabotaging our relationship with or balance of my time.

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.026 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2179 Ms. SLAUGHTER. Mr. Speaker, I am peace and tranquility against ter- Mr. MCGOVERN. I thank the pleased to yield 3 minutes to the gen- rorism and assassination in Colombia? gentlelady for her leadership on this tleman from New York, the chairman The question we may ask is Uribe important debate, and I rise in strong of the Committee on Ways and Means, doing, a man that I respect, as much as support of this rule. Mr. RANGEL. he should? Should he be doing more? Mr. Speaker, the policies of the Bush (Mr. RANGEL asked and was given The SPEAKER pro tempore. The administration have produced an permission to revise and extend his re- time of the gentleman from New York American economy in crisis. People are marks.) has expired. losing their jobs, fuel prices are at a Mr. RANGEL. Thank you so much, Ms. SLAUGHTER. Mr. Speaker, I record high, food prices have dramati- yield the gentleman from New York 1 Madam Chairlady, for giving me this cally increased, confidence in the econ- opportunity. more minute. Mr. RANGEL. The real question I omy is at an all-time low. Maybe this Mr. Speaker, I could not disagree is a radical idea, but shouldn’t the en- with my friend from California more, think we should ask, my friend, is I know you have a problem. We have ergy, passion and focus of the adminis- and there is no one in this House that tration be on fixing these problems? I believe that the administration has problems in every major city. Why This administration has turned a not spoken to more in concern for don’t you allow us to share with you cold shoulder to the plight of American pieces of trade legislation, and I doubt some of the techniques we have, some workers. They have opposed efforts to whether there is anyone that has the of the technology, work with your law extend unemployment benefits. They compassion and the concern more than enforcement so at the end of the day have no plan to help 45 million Ameri- I about the people of Colombia who I those who claim that it is murder that cans get health insurance. They have have learned to admire, respect and stops us from voting on a trade bill, even opposed expanding health benefits work with over the years, not only that we will be able to say that we are to children. Their absolute indifference with their political problems, but cer- working with them. towards our fellow citizens is stunning. tainly their fight, their narcotics and I hope you would rethink the vote. This vote is going to apply to every It takes my breath away. trying to preserve democracy in that President, every Speaker of the House country. Well, that must change. The Speaker The President has violated protocol that deals with us. Do you believe they of the House has the right to prioritize in terms of not fulfilling the outlines can change the rules and then they say legislation. She has stated quite clear- that we dictate the legislative calendar that we have been using historically. ly that we want to continue to work of the House of Representatives? I What I have to say applies whether you with President Uribe to make progress think not. on improving human rights, the rule of are a Democrat or a Republican. You change the procedure. We defend If, in the rules that the distinguished law, ending impunity, breaking Colom- the rules of the House. chairman of the Rules Committee has bia’s political and military ties to drug What are we giving up? We are giving lords and paramilitary groups and pro- outlined to us, there is an area of con- us an opportunity, one, to find out sultation before the President actually tecting and promoting basic labor what’s in the trade bill, and, two, rights. sends a complex piece of legislation to which is most important, what can we the House, which is more conducive to do to resolve the issues that force If the Colombian FTA came up today bringing us together, saying to the Members to be against it. for a vote, I will strongly oppose it. I House that you have 90 days, and if you I appreciate the words of my friend have repeatedly told the Colombian don’t do anything in 90 days that it’s from California, but you have to do Government that I am always willing the House of Representatives that that, you are the ranking member. I re- to reassess my position. killed the bill designed to help our member when I had to say things that But when it comes to issues like friends in this area? Or one may say, I had to say. Let’s work together on human rights, I refuse to be a cheap Mr. President, you forgot to consult this. date. The U.N., the Red Cross and U.S. with us? You forgot to consult with the Mr. DREIER. Mr. Speaker, at this and Colombian human rights groups all Ways and Means Committee. You did time I am very happy to yield 2 min- describe a worsening humanitarian cri- not deal with some of the issues that utes to a hardworking fighter for free- sis in Colombia. The number of inter- we have. dom, a member of the Rules Com- nally displaced grew by 27 percent over As you just changed the rule and just mittee, the gentleman from Miami, the past year due to increasing vio- sending it over saying it’s your respon- Florida (Mr. LINCOLN DIAZ-BALART). lence throughout the country. sibility in the House, what we are say- Mr. LINCOLN DIAZ-BALART of Over each of the past 3 years, mur- ing is that let’s give the House more Florida. Mr. Speaker, what the major- ders of civilians by the Colombian time and not a timetable to see what ity leadership of this Congress, what army have been increasing. Violence can we do to facilitate an atmosphere this rule is saying to Colombia today is against trade unions continues at an that would allow the Members at least you voted to tie your economy to the extremely high level, and the vast ma- to know what’s in the bill. United States, but, sorry, we don’t jority of cases of murders of labor lead- It is really strange that the ranking care. ers remain unsolved. member of the Rules Committee has You are at war with narcoterrorists It is true that murders of trade presented us a speech this morning armed to the teeth by drug money and unionists in 2007 were about half of that is so similar that I don’t remem- given sanctuary by neighboring gov- what they were in 2006. Even then, Co- ber the last time anyone in the admin- ernments. Sorry, we don’t care. istration has talked about the bill. You have voted, not once, twice, lombia had the highest rate of trade Oh, Hugo Chavez, I go to sleep every overwhelmingly, to support your brave union murders in the world. But death night wondering what he is going to do. President and his government and the threats, attacks and disappearances Castro, my God, we should vote for the Colombian armed forces as they fight skyrocketed. But this 1-year hiatus in people of Colombia and against him the narcoterrorists and defend your the murder rate may be over. In just and make him a big threat in the com- rule of law. Sorry, we don’t care. the first 12 weeks of 2008, 17 trade munity. Well, I say to the people of Colombia, unionists have already been assas- I am not saying these things like the President of the United States, sinated. shouldn’t be considered, but how many many of us here in Congress are with Like many of my House colleagues, I people, Republican or Democrat have you, and you are not alone despite this have traveled to Colombia several the slightest idea what’s in the trade day of legislative action that will live times in the past 7 years. I have gone bill? Why not give them an opportunity in infamy. to Putumayo, not just to fly over fumi- to make this decision, not based on 40 Ms. SLAUGHTER. Mr. Speaker, I am gated territory, but to meet with hun- days, 50 days or 90 days, but for us to pleased to yield 4 minutes to the gen- dreds of human rights victims and bring up these things. tleman from Massachusetts, an expert campesinos on the ground. I have been When has anyone ever heard that in this issue, and a member of the Com- to Barrancabermeja, Sincelejo and they didn’t have a crisis in terms of mittee on Rules, Mr. MCGOVERN. Popayan.

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.027 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2180 CONGRESSIONAL RECORD — HOUSE April 10, 2008 I have traveled to San Jose de ponent of this Hugo Chavez rule, the the credibility of the United States, Apartado and to Arauca, where vio- gentleman from Shreveport, Louisiana making it more difficult for any future lence from all armed actors reigns su- (Mr. MCCRERY). administration to eliminate barriers to preme and community leaders are mur- Mr. MCCRERY. Mr. Speaker, I the sale of products made by us. Vote dered like flies. I have visited the strongly oppose this extraordinary, un- ‘‘no’’ on this rule. slums of Bogota where the poor and the precedented, and, I believe, dangerous Ms. SLAUGHTER. Mr. Speaker, I am internally displaced struggle to sur- change to the House Rules. pleased to yield 1 minute to the gen- vive. Congress first gave trade promotion tleman from Texas (Mr. DOGGETT), a I spent hours in meetings with authority to the President in 1974, in member of the Ways and Means Com- human rights groups, with families order to allow him to engage directly mittee. whose loved ones are held in brutal with our competitors around the world Mr. DOGGETT. Mr. Speaker, we cer- captivity by the FARC and with vic- to level the playing field, eliminate tainly do need a balanced, enlightened tims of violence by the paramilitaries barriers to American exports and cre- trade policy. But this debate is not and the Colombian army. ate jobs for American workers. about trade, it is about the guiding Passing this rule would undermine I have met with the constitutional principle of the Bush Administration— that authority and damage United court, religious and labor leaders, with arrogance—arrogance that has served States credibility abroad because our indigenous peoples and Afro-Colom- our country so poorly. bians and dozens of government and trading partners could rightfully ques- tion the commitments of our govern- This President, personally pro- military officials. There is so much claiming himself to be a ‘‘uniter, not a more to Colombia than the administra- ment in negotiating trade agreements. I have heard it said that this rule will divider’’ at the beginning, quickly tion’s day and a half excursion tours to transformed himself into the ‘‘de- Medellin and Cartagena. allow us to consider this agreement this year after the election, but what cider.’’ And that lone decider has un- Congress must insist upon improve- leashed one divisive, disastrous deci- ments in human rights in Colombia this rule would do is to eliminate the uncertainty under TPA that Congress sion after another on our land. Mr. and not paint a rosy picture simply to CHENEY’s current chief of staff, he secure a trade agreement. U.S. policy will vote on this agreement. It doesn’t guarantee a vote by any summed up this attitude very directly: must take responsibility for the behav- time certain. It doesn’t push the vote ‘‘We’re going to push and push and ior of Colombian behavior forces off until after the election. It simply push until some larger force is going to trained with U.S. tax dollars, take into turns off the clock entirely. make us stop.’’ Well today, our Speak- account the continued suffering of the Even postponing congressional con- er, backed up by this House, says civilian population in the midst of an sideration of this agreement does tre- ‘‘Stop.’’ ongoing conflict and support the rights mendous damage to America’s com- The go-it-alone, disdain for allies, of victims after a decade of atrocities. petitiveness. Right now , the dismissal of anyone who has a different I remain dedicated to the Colombian European Union, are completing trade point of view, has left this White House people. I will never advocate walking agreements with Colombia. As a result, isolated. It has left us with a disas- away from Colombia. I also strongly they will gain a competitive advantage trous war, and now Mr. Bush’s reces- support the right of the Speaker of the over American products. sion. House to take up trade agreements We’ll secure a more responsible, en- when it makes the most sense to do so. b 1230 lightened trade policy, but we won’t se- I urge my colleagues to adopt this Colombia will buy tractors, mining cure it until we trade it for a new rule and to remain engaged with Co- equipment and fertilizer from Canada, President. lombia on these important issues. , and , instead of from Mr. DREIER. Mr. Speaker, I am Mr. DREIER. Mr. Speaker, for a Illinois, , and Texas. happy to yield 11⁄2 minutes to my Rules unanimous consent request in opposi- Chairman RANGEL, my good friend, Committee colleague, the gentleman tion to this Hugo Chavez rule, I yield said nobody is talking about the eco- from Pasco, Washington, who is vigor- to my friend from Michigan (Mr. nomic benefits, they are all talking ously opposed to this Hugo Chavez CAMP). about Hugo Chavez. Well, my good rule. (Mr. CAMP of Michigan asked and friend knows that is not the case. And was given permission to revise and ex- besides, the reason we are not talking Mr. HASTINGS of Washington. Mr. tend his remarks.) about it all that much is because it is Speaker, I thank my friend from Cali- Today’s vote to delay consideration of the a no-brainer from an economic stand- fornia for yielding. U.S.-Colombia free trade agreement is nothing point. I am mystified as to why any Mr. Speaker, we need to stop this un- short of the majority party playing politics and Member would oppose this agreement precedented attempt to rewrite trade catering to their special interests. The actions when all it does is level the playing laws and jeopardize fair trade for our of the majority remind me of those of a school field for American workers. American farmers. yard bully—when losing, simply change the Today, American workers compete Washington State is the most trade- rules of the game. We should reject these against imports from Colombia that dependent State in the Nation. One in changes, and we should honestly and fairly enter our country virtually duty free, three Washington jobs is tied to inter- debate the merits of this deal. while our exports going to Colombia national trade. Since 1991, Colombia It’s ironic that the majority party is delaying face high tariffs. This agreement elimi- has had open, free entry into the U.S. a vote on the agreement because by and nates those obstacles to our goods and for many of their products, while steep large it benefits American workers most. The services and supports American jobs. tariffs block our farmers’ access into United States already grants Colombia duty- I agree with Chairman RANGEL’s as- Colombia. free access to U.S. markets. Colombian goods sessment last month that denying a This agreement would immediately, cross our borders virtually tariff-free. But, 80 vote on this agreement wouldn’t help immediately, Mr. Speaker, eliminate percent of American made consumer prod- address the concerns about labor vio- tariffs for Washington State apples, ucts, and none of our agricultural products that lence in Colombia. In fact, this agree- cherries, pears, wheat, beef, and more. we send to Colombia enjoy that same duty- ment would help Colombian labor If the issue is the economy, what bet- free access. This is a one-way street. The unions. The agreement includes robust, ter way to stimulate our Nation’s econ- U.S.-Colombia free trade agreement would re- enforceable international labor organi- omy than to level the playing field and move the tariffs on American products and zation core labor standards, standards wipe out unfair trade barriers for our create an even playing field for our workers. included with the strong support of the farmers. I am disappointed to see the Speaker stand Democratic leadership to require Co- Mr. Speaker, Representatives and in the way of lowering tariffs on American lombia to continue the tremendous Senators are elected to vote, so let’s do products. I urge a ‘‘no’’ vote. progress it has made to improve labor our job and vote on the Colombia Mr. DREIER. Mr. Speaker, I yield 3 rights. agreement. What the House is now con- minutes to a member of the Committee I plead with my colleagues today: Do sidering is an effort to delay, to hide, on Ways and Means, who is a strong op- not make a vote which will undermine to slam the door, shut the door on free

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.028 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2181 and fair trade that millions of Ameri- to approve this agreement. We reached national standards, and that sustain- cans’ jobs depend on. I urge my col- a bipartisan consensus nearly a year able progress was required before con- leagues to vote ‘‘no’’ on this Hugo Cha- ago to ensure congressional consider- sideration. The administration kept on vez rule. ation of this agreement. insisting that the status quo was good Ms. SLAUGHTER. Mr. Speaker, I am In sending up the agreement, the enough and has done nothing to ad- happy to yield 2 minutes to the gen- President said that he was open to con- dress these concerns. tleman from Vermont (Mr. WELCH), a tinuing discussions with the Demo- Urged by both the House and Senate valued member of the Rules Com- crats. The Democratic leadership, Democratic leadership not to proceed mittee. through this rule, has firmly shut the with the Colombia FTA under present Mr. WELCH of Vermont. Mr. Speak- door to any discussions. circumstances, the administration de- er, I thank our distinguished Chair. Members should be keenly aware of cided once again to go its own way. There is a fundamental issue that we the very negative foreign policy rami- This rule reflects the Speaker’s re- face in this rule, and it is this: Does fications of this vote. This rule would sponse to assert a congressional role on Congress cede its authority under the be cheered by belligerent leftist gue- international trade under the Constitu- Constitution to the executive, or does rillas abetted by Venezuelan tion of the United States of America. it exercise it? strongman Hugo Chavez who seek to Mr. DREIER. Mr. Speaker, may I in- Mr. Speaker, from a distance—I have undermine the democratically elected quire of the Chair how much time re- only been here a little over a year—I Colombian government with menacing mains. watched with dismay as a citizen, see- ramifications. The SPEAKER pro tempore. The gen- ing Congress year after year relinquish This rule is a public slap in the face tleman from California has 13 minutes its authority, turn that over to the ex- to a loyal ally at the epicenter of a remaining, and the gentlewoman from ecutive, not do its job of accountability philosophical war between democracy New York has 111⁄2 minutes remaining. and oversight, not do its job on trade, and totalitarianism, capitalism, and Mr. DREIER. Mr. Speaker, I am essentially not exercise the constitu- socialism. happy to yield 30 seconds to the gen- tional authority that we are custodians President Uribe made it very clear tleman from California (Mr. ROYCE), of, each and every one of the 435 Mem- that the best way to support Colom- the ranking member of the Trade Sub- bers who have been elected. bia’s struggle for economic and polit- committee of the Foreign Affairs Com- The President exercised his preroga- ical security is to pass this agreement. mittee. tive under a rule that was enacted by Today’s action would trounce that plea Mr. ROYCE. Mr. Speaker, there are this House in 1974, but against the ad- and embolden the foes of democracy. I many reasons why what the majority is vice of the Speaker and against the ad- urge a ‘‘no’’ vote. doing today is gravely harmful to our vice of the Senate majority leader. The Ms. SLAUGHTER. Mr. Speaker, I am security. Colombia is a close ally under President did what he could do, and pleased to yield 2 minutes to the gen- siege. And as The Washington Post that is send over on his own timetable tleman from Michigan (Mr. LEVIN), the points out today: ‘‘Score this action as a trade agreement when it wasn’t chairman of the Subcommittee on a boost to ’s agenda of desta- ready to be considered. Trade. bilizing democracy in Colombia.’’ And the Speaker, in her judgment, (Mr. LEVIN asked and was given per- By all accounts, the Colombian and I support this, stood up for the pre- mission to revise and extend his re- agreement is a big plus for American rogatives of this legislative branch, marks.) exports and American employment. where we have the responsibility to be Mr. LEVIN. Trade policy under the What the majority is doing is giving the final voice of the people who sent Bush administration has been badly off near free-market access to Colombia us here. track. The approach of the administra- and taking nothing for our workers. The bottom line question is: Will tion and the then-Republican majority This agreement would cut tariffs 80 Congress assert the authority that it in Congress was to go their own way percent on U.S. beef, and 15 percent on has under the Constitution? and dismiss bipartisan effort, starting U.S.-tractors. We can exercise it. The best cir- with a side letter to the Jordan FTA Ms. SLAUGHTER. Mr. Speaker, I am cumstances, we do it in cooperation thwarting enforcement of worker delighted to yield 1 minute to the gen- and in consultation with the executive. rights provisions negotiated by the tlewoman from California, the distin- But if it is unilateral, a my-way-or-the- Clinton administration. guished Speaker of the House of Rep- highway approach that has been so In the cases of , , and resentatives, Ms. PELOSI. often employed by this chief executive, FTAs, it was left to Democrats Ms. PELOSI. Mr. Speaker, I thank then it becomes incumbent upon us to to negotiate with governments of those the gentlelady for yielding, and I com- stand up and assert the constitutional countries to bring their laws into com- mend her for her very distinguished responsibility we have. pliance with international labor stand- leadership of the Rules Committee and Mr. DREIER. Mr. Speaker, to speak ards before a Congressional vote, with for bringing this very important rule in opposition to this Hugo Chavez rule, no help from the administration. to the floor today. I am happy to yield 2 minutes to my And we all remember CAFTA, where Mr. Speaker, the reason we are here good friend from Marysville, Cali- the administration’s approach was go today is one I wish could have been fornia, the ranking member of the it alone from the beginning through avoided, and I think it is important to Trade Subcommittee, Mr. HERGER. the end, with false claims that the put it in context because I have heard Mr. HERGER. Mr. Speaker, this pro- other nations were already in compli- our colleagues talk about the merits of cedural vote, if it is successful, Con- ance with international standards. the bill or talk about any precedent on gress would be rebuffing the Colombia And last year, with the loss of a con- rules, and I have heard them talk agreement through technical gimmicks gressional majority, the Bush adminis- about different things. But I think it is and rejecting a level playing field for tration was forced to include fully en- important to know what brought us American workers. forceable labor and environmental here today. Colombian workers and producers al- standards in the FTA. And when On Monday, I received a call from the ready have free access to the U.S. mar- Democrats pressed for Peru to bring President of the United States, always kets, but we don’t have reciprocity. into compliance with the language of an honor to receive a call from the Our manufacturers and farmers need the agreement, the administration at- President. This is after months of our this agreement to sell their products, tacked Democrats and refused to even going back and forth with members of create jobs, and compete against for- participate in the changes that Peru the cabinet and the rest about when eign producers. A vote for this rule is a made in its legal structure. and if they would send up the Colombia vote against American workers, period. At that time Democrats made clear Free Trade Agreement. The President Since the agreement was signed near- that Colombia was different from Peru informed me that he would be sending ly 500 days ago, congressional Repub- with the level of violence against the bill over the next day. licans and the White House have tried workers, impunity from prosecution, I recommended against it. I said, Mr. to work with the Democratic majority and laws that did not meet inter- President, you shouldn’t send it for

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.032 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2182 CONGRESSIONAL RECORD — HOUSE April 10, 2008 two reasons. If you send it and we take So let’s have a timetable for the recession is nothing new to most fami- it up, it will lose. Now you think it is American people. Let’s have a time- lies across America. It took a while for very important to pass a Colombia free table on our consideration of a trade the President and his administration trade agreement, and in the Congress bill that addresses the concerns and is to accept that fact, and, when they did, we have people who share your view. compatible with the needs of America’s we could talk. And when they did, we And we have others who share your working families. That is, I think, the could talk, we could work together, as view that we should pass it as soon as only fair thing to do. Mr. BOEHNER and I did, with the Sec- we address the concerns of America’s The President ignored those concerns retary of the Treasury, to put together working people, and others who will and sent the bill over. I pledged to this a stimulus package that had strong bi- never be for it. But let’s talk about body, as Speaker of the House, that at partisan support, and, as the President what the possibilities are for passing the appropriate time, if many of these has said, has not gone into effect yet. it, and those possibilities are greatly concerns are addressed in terms of And when it does, I know it will inject diminished if you send that bill to the America’s working families, that we demand into the economy, create jobs Congress under these circumstances. can take up legislation for such a trade and, I think, stimulate the economy. Apart from the fact that it would be agreement. But since we did that, matters have a breach of protocol, and let’s just talk Some have concerns about the con- only become worse, necessitating the about that. A successful trade agenda tent of the agreement. Others have need for us to do more. And we cer- depends on joint partnership between concerns about the treatment of labor tainly should do more for our economy. the Congress and the administration, organizers in Colombia, and it’s a real And we certainly should do more for as was the case recently in the Peru concern, and one admitted to by the our economy before we pass another Free Trade Agreement. Had the admin- administration and the Colombian trade agreement. It’s all possible in the istration followed the established pro- Government. There are differences of days that are before us. tocol of congressional consultation re- opinion as to how this is changing, but But instead of having the President’s lating to the submission of any free let’s see how we can work together to timetable, we have the timetable of the trade agreement, we would not have to make that change. House of Representatives, we have a take this action today. Mr. DREIER. Mr. Speaker, I ask timetable for America’s working fami- By his actions on Tuesday, the Presi- again if my distinguished California lies. dent abandoned the traditions of con- colleague would yield. And nothing that we are doing here sultation that have governed past Ms. PELOSI. Having control of the now should be misconstrued in terms of agreement. In fact, the action the time, I will retain the control of the our attitude toward Colombia. Colom- House takes today is more in keeping time, Mr. Speaker. bia is our friend, is a neighbor in the with the spirit of the rules than the The important point here is, whether hemisphere. The relationship between White House’s move to force a vote. it’s the substance of the bill, whether Colombia and the United States is an it’s the conditions in Colombia, they important one. b 1245 are to be, obviously, major consider- We have concerns about workers in But, as I said, just from a practical ations. Colombia, and we respect the leader- standpoint, Mr. President, you simply But what we’re saying to the Presi- ship of President Uribe. And as I said don’t have the votes. And if we are to dent, we can’t do much about some of to the Ambassador yesterday, I hope try to arrive at a place where the con- these things. We certainly can address you will convey that message to the cerns of the American people are ad- the provisions in the bill. But I’m not President, and when you do, I hope you dressed, we need more time to do that. here to talk about that now. will also tell him we congratulate him I also said what I have said many What we can do something about, on his excellent representation in the times to the President. If we are going what we haven’t done enough about is United States in ambassador service to be successful in passing a trade to send a positive economic agenda here. agreement, we have to first tell the forth. And these are not difficult. Most So this isn’t about ending anything. Americans people that we have a posi- of what we’re talking to the President It’s about having a timetable that re- tive economic agenda that addresses about are part of what has passed this spects the concerns, the aspirations, their aspirations, addresses their con- Congress in mostly an overwhelming the challenges faced by the American cerns about their economic security. bipartisan way. people. We are the people’s House. This bill’s been around for a while, Whether we’re talking about rebuild- Their timetable should be our time- and matters have only gotten worse in ing the infrastructure of America, table. our economy. The former Chair of the whether we’re talking about invest- I urge our colleagues to support the Fed has said we’re in the throes of a re- ments in an innovation agenda, our rule. cession. The current Chair of the Fed- commitment to competitiveness to Mr. DREIER. Mr. Speaker, I yield eral Reserve last week, the end of last keep America number 1, and that inno- myself 10 seconds before I yield to the week, testified to Congress that there’s vation begins in the classroom, and we leader to say that I had hoped to ask a possible recession. have to have a strong commitment to the Speaker if, in fact, the votes are Many people, I mean, the joblessness the education of our people, whether not there, why it is that we had to do numbers of last week, again pointed to we’re talking about tax credits for our this the day after the President sent a steeper downturn in our economy. energy bill which we passed here, this message up, why we could not Mr. DREIER. Mr. Speaker, will the which would immediately create jobs. have waited 45 days. It was my hope Speaker yield for some questions? No, if we don’t do it we will lose jobs that the Speaker could have answered Ms. PELOSI. No. You control your that exist now. Same thing with infra- that question for us. Unfortunately, time. With all due respect to the gen- structure. If we don’t make those in- she has not. tleman, I’ll use mine. vestments, our projects will have to With that, I yield 1 minute to the dis- The fact is, as I said to the President, discontinue. But many more are ready. tinguished Republican leader, our many people in America now are con- Dirt is ready to fly. The projects are in friend from West Chester, Ohio (Mr. cerned about their jobs. They’re con- the pipeline. BOEHNER). cerned about losing their homes. Most There is a way to create good-paying Mr. BOEHNER. Let me thank my people won’t, but most people are con- jobs right here in America. We’ve colleague from California for yielding, cerned about losing their living stand- passed the legislation. The vehicles are and say, Mr. Speaker, and to my col- ard. there for us to do it. And at the same leagues, that our economy is strug- When the cost of groceries and gaso- time, we have to address the concerns gling. Families and businesses are deal- line and the cost of health care and of those who have lost their jobs, ing with the rising cost of living, and education and other staples continues whether it’s unemployment insurance certainly the job market has slowed. to go up, and the purchasing power of or summer jobs program for their chil- At a time like this we should be work- the income that people have is either dren or other initiatives. ing together. And as the Speaker said, stagnant or going down, they have con- So this is nothing new. And, in fact, she and I came together and our Mem- cerns about their economic security. the whole idea that we were going into bers came together on both sides of the

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.033 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2183 aisle earlier this year to pass an eco- U.S. workers who produce these goods, America, and they think we should do nomic growth package. The checks will to send our goods to Colombia vir- more of the same. be going out to Americans here begin- tually tariff-free. I’ve heard this and played this game ning in the middle of May and will We’re doing nothing here but hurting before. I’ve never voted for one. But occur, continue to go on through the American workers and American busi- every President since I’ve been here, end of July. These checks, again, are nesses. Why? Republican and Democrat, says, hey, not out in the marketplace. We hope I think the Speaker made it very we negotiated this deal in secret. You they’ll be out there soon, and we hope clear. This action today is nothing can’t fail us now. Yeah, it’s got big it will help revive our struggling econ- short of political blackmail. The problems, but we’ll fix them later. omy. Speaker made it clear that she has her Guess what? Later never comes. Be- But the action that’s being taken agenda. She wants the President to cause this Congress, until today, has here today is going to do nothing more deal with her on her agenda, and we’re never had a spine to stand up to the than to hurt American businesses and not going to move this bill until the special interests that are pushing American workers. President deals with her agenda. That failed trade policies, policies that fail The Speaker earlier went on about is not the way to deal with our trading the American people to benefit a few the fact that the typical protocol here partners around the world. on Wall Street. This is about Main was not followed; that the President I’ve listened to candidates that are Street. send this bill to the Congress without running for President, especially can- The House is growing a spine today. the approval of the Speaker of the didates on the Democrat side, who have This is a great day and the beginning House. talked about the fact that the United of a new trade policy for the American Now I think it’s time to set the States needs to be more willing to en- people. record straight on exactly what has oc- gage the rest of the world, that we need b 1300 curred. There have been hundreds and to listen, that we need to reach out to hundreds of meetings over the last 15 countries around the world. There’s Mr. DREIER. Mr. Speaker, to speak months trying to come to an agree- probably no place that’s more impor- in opposition to this Hugo Chavez rule, ment on how this bill shall be consid- tant for us to reach out than South I’m happy to yield 11⁄2 minutes to my ered. There have been changes made. America. very good friend from Morris, Illinois There have been side agreements that Here we have a country in South (Mr. WELLER). have come forth as a result of this. America that’s doing their best to fight (Mr. WELLER of Illinois asked and And over the course of the last six or off terrorists in their own country. A was given permission to revise and ex- eight weeks, there have been serious message that we could send, not only tend his remarks.) conversations between the administra- to Colombia, but to the rest of South Mr. WELLER of Illinois. Mr. Speak- tion and the Speaker of the House America that we want to engage in er, I rise in opposition to this rule. about the consideration of the Colom- them, exactly as many of these con- Why is Latin America all today watch- bia Free Trade Agreement. And the tenders for the Democrat nomination, ing this debate in this House? Because reason this bill was sent up here this points that they have made. today the House of Representatives is week was because, not one time over What does this say to Colombia? going to tell the world how we treat these 6 weeks, has the Speaker agreed What does it say to South America? our best friends, how we treat our best or made a commitment to the adminis- And what does it say about free and friend in Latin America. Who is our tration that this bill will be considered fair trade around the world? best friend in Latin America? The de- this year. The President’s been willing This is a precipitous step in the mocracy of Colombia. Who is Amer- to work with the Congress. The con- wrong direction. We’re sending a very ica’s most reliable partner in counter- versations, again, have gone on for 15 bad message for our partners around narcotics and counterterrorism in months. But not one time during that the world, all in the name of election- Latin America? The democracy of Co- 15 months was there ever a commit- year politics. I think that it’s regret- lombia. Which elected national leader ment by the Democrat majority to table, it’s despicable. is the most popular elected official in bring this bill to the floor for a vote in If we’re going to have a vote here, all of this hemisphere? The President the House. why don’t we put the Colombian free of Colombia, President Uribe. Why? Be- I don’t think the President had any trade bill up for a vote and let the cause he succeeded in reducing vio- choice but to bring, to send that free House work its will on that bill, be- lence. trade agreement to the Congress and cause the fact is, I think it would pass. Today, 73 percent of Colombians force Congress to act. Ms. SLAUGHTER. Mr. Speaker, I am today say they feel more secure and And so what do we do? We don’t go pleased to yield 11⁄2 minutes to the gen- more safe prior to President Uribe 6 try to work to see if we can get the tleman from Oregon (Mr. DEFAZIO). years ago. In fact, Colombia today is votes. We don’t try, in a bipartisan Mr. DEFAZIO. For a Republican mi- safer than Washington, DC. way, to move this agreement. No, we’re nority, and particularly the gentleman Today, this House will vote to set Co- going to go in and cheat. We’re going from California, who whine day in and lombia aside, and we will turn our back to change the rules under which the day out about their inability to offer on our best friend in Latin America. consideration of this free trade agree- amendments to even the most minor of Why again is Latin America watching? ment should operate between the bills, I’ve never seen a group so eager Because leftist Hugo Chavez and his House and the Senate. We’re not even to give up their right, in fact, the right proxies, the narcotrafficking FARC, going to give it a chance. of every Member of this House to offer had declared they want to defeat the And anybody that thinks that well, an amendment to this trade agreement U.S.-Colombia Trade Promotion Agree- we’re just going to push this off for a in a rush to rubber-stamp yet another ment. They can’t defeat President couple of months, that is nonsense. failed so-called free trade agreement. Uribe at the ballot box, but they want This vote today is a vote to kill the Co- As one Republican pointed out, yeah, to in this Congress. lombia Free Trade Agreement, nothing its been the policy since 1974. Guess The Prime Minister of Canada said it more and nothing less. what? 1974 we were the manufacturing best: If the United States turns its The Speaker points out, well, the colossus of the world. We ran trade sur- back on its friends in Colombia, this President did this and, frankly, there pluses. We had a robust middle class in will set back our cause far more than are other priorities in the House. America. It was bad policy then. But any Latin American dictator could Let me tell you what. When we after 24 years of that bad trade policy, hope to achieve. passed the Andean Trade Preferences our manufacturing’s cut in half. The Our friends in the Democratic major- Act earlier this year, virtually every- middle class is losing ground. They’re ity say this is all about election-year thing that comes from Colombia to the unemployed. We’re borrowing $2 billion politics, but we must understand that United States comes here duty-free. a day from the rest of the world, in- turning our back on Colombia will The Colombian Free Trade Agreement cluding Communist China, to buy have long-term consequences for Latin would allow U.S. manufacturers, and things that we used to make here in America.

VerDate Aug 31 2005 23:33 Apr 10, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.035 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2184 CONGRESSIONAL RECORD — HOUSE April 10, 2008 Ms. SLAUGHTER. Mr. Speaker, I am And what we are ensuring today is This is about jobs. It is about middle- pleased to yield 2 minutes to the gen- that we have in fact a trade deal that class jobs that my good friend from Il- tleman from Illinois, a member of the is not seen as a cost to the American linois just talked about. I mean, how Ways and Means Committee and Chair people but seen as an opportunity to much more middle-class jobs could you of the Democratic Caucus, Mr. EMAN- succeed in that world, and we today are try to provide than you provide when UEL. making sure that there is a win-win we open their market to us? Seventeen Mr. EMANUEL. I would like to thank strategy to that globalization. years ago we opened our market to my colleague for lending the time. Mr. DREIER. Mr. Speaker, as I pre- them. This is not a debate about Mr. Speaker, we are having a con- pare to yield to the Republican whip, whether we can compete with Colom- versation here about trade and I’d like to yield for a unanimous con- bian products or whether their workers globalization and about how to make sent to my good friend from Con- are being treated fair. Their workers sure that, in fact, globalization is a necticut (Mr. SHAYS). already make products that come in win-win strategy for the American peo- (Mr. SHAYS asked and was given per- here every day with virtually no tariff. ple. And we were talking about Colom- mission to revise and extend his re- This agreement would let our work- bia, but what we really are talking marks.) ers send products there with no tariff. about is the effects of globalization on Mr. SHAYS. I rise in strong opposition to H. Eighty percent immediately would the American economy. Res. 1092, which will in effect defeat the U.S.- have no tariff. Very quickly, 100 per- And in fact today, if you take a look Colombia Free Trade Agreement by post- cent would have no tariff. The 8,600 at The Washington Post Business page, poning consideration of the legislation indefi- Caterpillar jobs in Illinois would be there’s a new survey out showing the nitely. It is more than ironic to me that, at a sending their products to Colombia middle class feeling worse in this pe- time when our economy has slowed tremen- without the 15 percent tariff. Why riod of time than ever before, more dously, Democratic leaders are seeking to de- wouldn’t we want to give those 8,600 squeezed by rising costs. Energy is up rail efforts to enhance our export market, labor union workers a 15 percent ad- nearly 2 bucks a gallon since 2001. which has been one area of strength in our vantage that they don’t have today? Nearly $2 up. Health care costs have economy. When you change the rules, bad doubled. College costs are up 64 per- The fact is, this trade agreement will help things can happen. This is about manu- cent, and yet the median household in- U.S. manufacturers and high tech service pro- facturing jobs. It’s about union jobs. come in this country shrunk $1,100. The viders export to Colombia, a great friend and It’s about middle-class jobs. And of middle class are feeling squeezed. ally, where many of our products face tariffs. course, it is about our closest ally in Globalization can be a good thing. If any country deserves our support for aiding South America, the second biggest Trade can be a good thing. But if you efforts to build a stable economy, it is Colom- country in South America, a country don’t have an agenda to make sure bia. The Government has taken great strides that for 17 years has had access to our Americans win in that globalization, in preventing attacks by paramilitary groups, markets and, in the last decade, has you’re going to get a squeeze on the and if we are ever going to curtail drug pro- worked closely with us to try to solve middle class where they resist the at- their problems and the problems of this tempts to open up markets to Amer- duction from Colombia, it will be because of a stable economy, which free trade helps create. hemisphere. ican-made products. This is a huge mistake today. It is I urge my colleagues who support economic What we need here, and what we are the wrong signal to send not just to Co- growth, free trade and better relations with our seeking here, is a new deal for the new lombia but anybody who’s thinking neighbor to reject this misguided resolution economy for the American workers. about working with the United States and keep the Colombia free trade agreement And that means when health care costs of America. You have got to deal with on track. are up like that, we make sure there’s countries in good faith. We are not health care security to the American Mr. DREIER. Mr. Speaker, with that, I would like to yield 3 minutes to my doing that. We are not dealing with our people, which is why it was wrong to own workers in good faith. I hope we do good friend from Springfield, Missouri, veto a children’s health care bill for everything we can to defeat this rule. who will vigorously oppose this Hugo America’s children to give 10 million Ms. SLAUGHTER. Mr. Speaker, I am Chavez rule. children’s parents who work full-time delighted to yield 11⁄2 minutes to the Mr. BLUNT. I thank the gentleman. health care. gentlewoman from California (Mrs. I, too, vigorously oppose this rule. It It is why it is wrong that when we CAPPS). have an extension of the hope and life- seems to me the House today is doing Mrs. CAPPS. I thank my colleague. time college credit so Americans can two things that this Congress has done Mr. Speaker, I rise in strong support get to community colleges, can get the too often. One is, if you don’t like the of H. Res. 1092. Colombia is an ally and chances for their kids to go to college, rules, you change the rules; and two is, a friend, and I commend President it is wrong to allow that tax credit to we continue to take actions that re- Uribe for reducing violence and unrest end. duce confidence in dealing with the in Colombia. However, Colombia still It is why we are trying to make sure United States. When you change the leads the world in trade unionist mur- that, in fact, American people have a rules, other countries just simply don’t ders. According to Human Rights retirement security and a universal want to deal with you. Watch, 17 have been killed this year 401(k) so those who work full time, 75 Five hundred days since this treaty, alone and more than 400 over the last 6 million Americans, who do not have a this agreement was negotiated in good years. Hardly any of these murders savings plan outside of Social Security faith. Changes made sense then in ele- have been investigated or prosecuted. have in fact a 401(k) like the rest of us. ments that dealt with the environment This is not only about human rights. It’s an agenda to make sure there is an and labor that the Colombians went This is about domestic responsibility. economic security plan. back at our request to make. Sixteen How can we trade away jobs when un- The SPEAKER pro tempore. The gen- months of talking to the leaders of the employment is climbing and our econ- tleman’s time has expired. majority about what was the best day omy is in recession? We need to expand Ms. SLAUGHTER. I yield the gen- to bring this agreement, now 500 days and strengthen trade adjustment as- tleman an additional 30 seconds. old, to the floor of the House, and it’s sistance. We must educate and train Mr. EMANUEL. No conversation going to happen today or it’s appar- American workers to better compete in about trade is ever about trade. It’s ently not going to happen anytime in the global economy. about the standard of living of the mid- the near future. The President had a choice. He chose dle class of this country. We had no trade agreements before to force a vote, and today he is getting Globalization could be a good thing if we went to the process of Trade Pro- that vote: a vote declaring that strong- you have an agenda, and just trade motion Authority because nobody arming Congress will not work, a vote alone is not an agenda to make sure wants to trade with you if they don’t for American workers and their fami- that the middle class of this country, think you’re dealing in good faith. No- lies, a vote for human rights. that built this country since World body wants to deal with you if they I urge my colleagues to vote ‘‘yes’’ War II are strengthened to compete don’t think you’re dealing in good and stand up for workers’ families both and win in this globalized economy. faith. here at home and in Colombia.

VerDate Aug 31 2005 00:19 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.037 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2185 Mr. DREIER. Mr. Speaker, at this look forward to working on legislation groups concerned about American workers time I would be happy to yield to one that addresses the labor concerns of and fair trade. of the greatest proponents of free working-class indigenous Colombians, Mr. Speaker, I believe that rushing this leg- trade, a member of the Ways and and this is a two-way street. My islation to the floor would be an incredible mis- Means Committee, the gentleman from friends on the other side of the aisle take. We are currently in the midst of an eco- The Woodlands, Texas (Mr. BRADY). cannot prove that ignoring the Con- nomic downturn, with numbers released last Mr. BRADY of Texas. Mr. Speaker, stitution will get us jobs. Friday showing a sharp increase in the num- America’s status in the world has Vote for this resolution. ber of jobless Americans. According to these never been smaller than this day. Who Mr. Speaker, I rise today in support of H. numbers, the number of jobs outside the agri- could imagine the world’s largest econ- Res. 1092, the rule for consideration of H.R. cultural sector fell by 80,000 last month, a fig- omy cowering from Colombia behind 5724 implementing the United States-Colom- ure that represents the biggest drop in nearly the calls of protectionism? Who could bia Trade Promotion Agreement. I would like five years. imagine the world’s greatest democ- to thank Speaker PELOSI for her exemplary March is the third month of declining num- racy too frightened to even debate, leadership on this important issue and for bers of U.S. jobs, with losses widespread even consider this agreement. Who bringing this rule to the floor today. across all sectors and the biggest losses com- could imagine that this Congress would Mr. Speaker, it is vital to delay the consider- ing in construction and manufacturing. The ex- send a signal to the world that we are ation of the Colombia Free Trade Agreement, perts, including Fed Chairman Ben Bernanke not just an unreliable leader in trade, FTA. The Republican-controlled 109th Con- and Former Fed Chairman Alan Greenspan, we are an unreliable negotiator in gress recklessly allowed the President to pre- have confirmed the serious challenges facing trade? It is embarrassing and it is dan- cipitously pass free trade agreements without the United States economy. gerous. And it will cost America jobs. sufficient consideration of the impact on our Mr. Speaker, now is the time to strengthen Today, Colombia can sell their prod- economy and hard-working Americans and the American economy. This Congress must ucts into America with no tariffs, no without ensuring that the labor rights of work- put American workers first. I believe that, restrictions. But when we try to sell ers are protected in the country seeking the through bipartisan negotiations coupled with our products, we find barriers and FTA. Today more than ever, with our economy urgent action taken to repair the struggling costs. My workers in Texas want to suffering from a substantial downturn, which American economy, we can create the condi- know why can they buy products in Co- includes rising unemployment and a housing tions for a successful free trade deal with Co- lombia at the local mall but we can’t foreclosure crisis, it is imperative that the lombia. However, Mr. Speaker, this will take sell our products around the world? Co- Democratic-controlled 110th Congress con- time. lombia is a strong trading partner. tinue our practice of providing sufficient con- Instead of working with Congress to address They have reduced violence. They have sideration of free trade agreements prior to the legitimate and serious economic concerns embraced the rule of law. They are a their implementation. of the American people, the President has en- strong ally. They deserve an up-or- Mr. Speaker, I had the pleasure of visiting gaged in highly partisan politics to attempt to down vote this year. Colombia last year, and I am extremely con- ram this legislation through the Congress. On Ms. SLAUGHTER. Mr. Speaker, I cerned about the ongoing oppression of Afro- Tuesday, President Bush took the unprece- yield 11⁄2 minutes to the gentlewoman Colombian populations. Afro-Colombians face dented step of sending his Colombia trade from Texas (Ms. JACKSON-LEE). the same social barriers that all Afro-Latinos deal to Congress without following established (Ms. JACKSON-LEE of Texas asked face around Latin America; social protocols of congressional consultation. By en- and was given permission to revise and marginalization, lack of access to health care, gaging in this political maneuver, the President extend her remarks.) lack of educational opportunities, lack of work- has forced Congress to take this action. Ms. JACKSON-LEE of Texas. I thank force opportunities. In Colombia, however, this The rule we are considering today would re- the gentlelady from New York, and I marginalization is intensified by the ongoing move the fast-track timeline for the Colombia am so much in favor of this process conflict. The effects of the armed conflict, spe- free-trade agreement. By doing so, this rule that I had to bring two constitutional cifically forced displacement, in Colombia falls returns the role, provided by the Constitution, books to the floor to be seen by my col- disproportionately on the back of Afro-Colom- of scheduling considering of measures to the leagues. bians. In fact, Colombia’s highest rate of dis- Congress. The authority to do so is provided I support this initiative because it re- placement in 2003 was recorded in the Choco´ in the Fast Track law, PL 107–210, which ex- stores the constitutional authority to region, where approximately 75 percent of the plicitly recognizes ‘‘the constitutional right of this floor and to the Speaker of the population is Afro-Colombian. Because Afro- either House to change the rules (so far as re- House. And for someone who has voted Colombians largely inhabit areas that have lating the procedures of that House) at any for trade bills that are fair, I ask my been neglected by the federal government, time, in the same manner, and to the same colleagues to recognize that we have an they have been extremely appealing targets extent as any other rule of that House.’’ obligation to the American people. For for narco-traffickers, guerilla insurgent groups, Today, we are doing exactly that. if we look at the month of March, the and paramilitary forces. Afro-Colombians have Mr. Speaker, I believe there are a number third month of declining numbers of been forcibly and violently displaced, and they of issues that need to be addressed before a U.S. jobs, with losses widespread across continue to face a range of human rights free trade deal with Colombia is approved. In all sectors and the biggest losses com- abuses that go uninvestigated by the judicial addition to the concerns about the American ing in construction and manufacturing, system. economy and American workers, trade legisla- the experts, including Federal Chair- Mr. Speaker, I believe that the Colombian tion should also benefit the people of Colom- man Ben Bernanke and former Federal Government must be more active protecting bia, particularly the working classes. I remain Chairman Alan Greenspan, have con- and promoting the rights of Afro-Colombian concerned about many ongoing abuses in Co- firmed the serious challenges to the populations. This must take the shape of pro- lombia that, in my opinion, make such a deal United States economy. One former viding more access to health care and edu- inappropriate at this time. In particular, I am Labor Secretary has also uttered the cation, especially for internally displaced per- concerned about the suppression of labor word ‘‘depression.’’ sons. Additionally, more security must be es- rights in Colombia and the targeted killing of This is an opportunity for us to be tablished in typically neglected regions. labor organizers. Two Foreign Affairs sub- able to establish our authority on the H. Res. 1092, as reported by the House committees, the Subcommittee on Inter- floor to work through legislation and Rules Committee, provides that two sections— national Organizations, Human Rights, and to ask the question of my friends on section 151(e)(1) and section 151(f)(1)—of the Oversight and the Subcommittee on the West- the other side of the aisle, if trade bills Trade Act of 1974 shall not apply in the case ern Hemisphere, held a hearing last June are so effective, why are we losing of H.R. 5724, to implement the United States- about the ongoing pattern of labor violence in jobs? Why are people without employ- Colombia Trade Promotion Agreement. In ef- Colombia, and I would like to see many of the ment? Why are we in this economic cri- fect, Mr. Speaker, this rule will suspend the re- issues raised in that hearing addressed before sis? quirement that the Colombia Free Trade a trade deal with Colombia is signed. And so we are standing up for Amer- Agreement be considered within 60 legislative I believe that President Alvaro Uribe Velez ican workers. We are standing up for days in the House. It will give Congress the has, since taking office in August 2002, made the workers in Colombia. I have the prerogative to schedule a vote on this piece of important strides toward establishing state greatest respect for President Uribe. I legislation, working with labor and many other control throughout the country, to revitalize the

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K10AP7.040 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2186 CONGRESSIONAL RECORD — HOUSE April 10, 2008 economy, and to combat corruption. I also be- b 1315 my very good friend and a passionate lieve that a fair free trade agreement can im- Not only can we help poor people free trader, the gentleman from Texas mensely benefit the people of Colombia. Co- here in the United States of America, (Mr. HENSARLING). lombia continues to face severe income dis- but this is designed to help poor people, Mr. HENSARLING. I thank the gen- parities, coupled with poverty and inadequate struggling people in Colombia. Human tleman for yielding. social services. According to World Bank esti- rights, ladies and gentlemen, is world- Mr. Speaker, I find it fascinating mates, 65 percent of Colombia’s population wide. When we give them jobs, we give that the Democrat majority this week lives below the poverty line. Poverty in rural them hope. can find time to rename post offices, areas is particularly severe, with rates in these Ms. SLAUGHTER. Mr. Speaker, may but somehow cannot find the time to regions approaching 80 percent, and the I inquire from my colleague how many vote on a trade agreement to help cre- World Bank estimates that 38 percent of rural requests for time he has remaining. ate more American jobs. residents do not have access to potable water, Mr. DREIER. Mr. Speaker, I have a We’re talking about a trade agree- and 68 percent do not have access to sewage long list of people here I would say to ment to where over 90 percent of Co- treatment services. In addition, Colombia’s my friend, the distinguished Chair of lombian goods come into our country rural areas have an estimated illiteracy rate of the Committee on Rules. duty-free, yet only 3 percent of our 15 percent. May I inquire how much time we goods go into their country duty-free. Mr. Speaker, I believe we must work to- have remaining, Mr. Speaker. We’re trying to level the playing field gether to develop and pass a trade bill that The SPEAKER pro tempore. The gen- here, Mr. Speaker. We’re trying to cre- will benefit the American economy, and that tleman from California has 43⁄4 minutes ate more American jobs. What could be will also trickle down to benefit all levels of remaining. The gentlewoman from New more fair? Colombian society. I was proud to cosponsor York has 5 minutes remaining. Mr. Speaker, I had an opportunity to and to vote for the Trade and Development Mr. DREIER. May I inquire of my sit down with the Fed Chairman this Act of 2000, which included the Caribbean friend how many speakers she has re- week. And as we talk about tough eco- Basin Trade Partnership Act. This legislation maining. nomic times, we ought to learn the les- expanded the Caribbean Basin Initiative, Ms. SLAUGHTER. I have one more, sons of history. And one of the lessons which is intended to facilitate the economic who is not presently on the floor. So I of history is that starting a trade war development and export diversification of the will reserve my time. can bring about a recession, and that’s Caribbean Basin economies. I supported this Mr. DREIER. Well, I would be happy what we see the Democrats doing. Peo- initiative because it not only benefited Amer- to use the 5 minutes if the gentle- ple are struggling to make their pay- ican workers and the American economy, but woman would like to yield me 5 min- checks stretch. Why don’t we create it also carried true benefits for the people of utes because we’ve got lots of people more jobs? Why don’t we level this the target nations. I am proud to vote for fair who feel strongly about that, and I playing field? free trade legislation that will benefit workers know we could expand our thoughts on The SPEAKER pro tempore. The gen- both here and abroad. this with your 5 minutes. tleman’s time has expired. Mr. DREIER. Mr. Speaker, I yield the Mr. Speaker, I support this rule because it Ms. SLAUGHTER. I think I’ll reserve gentleman an additional 15 seconds. will return to Congress its constitutionally it. Thank you very much for the offer. Mr. HENSARLING. Mr. Speaker, granted power to schedule consideration of Mr. DREIER. Just thought I would when we’re talking about our ally, Co- legislation, and it will give us the flexibility nec- offer it as a possibility for consider- lombia, Hugo Chavez wants this trade essary to hold bipartisan negotiations regard- ation. agreement to never see the light of ing this legislation. I urge my colleagues to put Mr. Speaker, I yield 1 minute to my day, and our Democrat colleagues the American economy and American workers very good friend from Miami, who is agree. first during this financially uncertain time, and the distinguished ranking member of Ms. SLAUGHTER. I will continue to to support the passage of H. Res. 1092. the Committee on Foreign Affairs, Ms. ROS-LEHTINEN. reserve. Mr. DREIER. Mr. Speaker, as I yield Ms. ROS-LEHTINEN. I thank the Mr. DREIER. May I inquire of my 1 minute to my friend from Wash- gentleman for the time. friend; so I assume there are no further ington, I would say to my friend from Mr. Speaker, I deeply regret the ef- speakers then? Texas that if she turns to page 1,136 of fort today to postpone timely action on Ms. SLAUGHTER. My last speaker the book that she held up, she would the U.S.-Colombia Free Trade Agree- has not yet shown up. see that that has the rule we are abro- ment. For over a year, advocates of Mr. DREIER. So I guess I should gating with this vote that we are about this agreement have worked tirelessly infer from that that there won’t be any to take. with our counterparts to bring it to the more speakers, other than your close, I With that, I yield 1 minute to my floor for an up-or-down vote. presume. good friend from Auburn, Washington We have the power to make a dif- Ms. SLAUGHTER. I think that’s ac- (Mr. REICHERT). ference. We can make a difference not curate. Mr. REICHERT. As a representative only here at home, but in Colombia and Mr. DREIER. Mr. Speaker, I yield 1 from the State of Washington, the throughout the hemisphere as well. Co- minute to my very good friend from most dependent State on trade in the lombia is a close ally, fighting our Fairfax, the distinguished former Nation, I strongly urge my colleagues common enemy of drugs and antidemo- chairman and ranking member of the to reject this unprecedented rule and cratic regimes in the region. We must Committee on Government Oversight allow the Colombian Free Trade Agree- take a stand for our national security and Reform. ment to come to the floor to a vote. I and against the growing influence of Mr. DAVIS of Virginia. I oppose this traveled to Colombia last weekend to and other rogue states in the resolution strongly, Mr. Speaker. see firsthand the progress that country hemisphere. We call this fast track authority for is making. I met with union members The choice is clear. This rule change a reason. No argument about process who support this agreement. I met is nothing but an abdication of respon- niceties can change the meaning of with union members who oppose this sibility and a decision to leave the hard those words. This is supposed to be a agreement. I met with President Uribe. decisions for another day. With the Co- deadline for a vote in the House. I met with the labor minister. I met lombian FTA, American businesses will The administration has been talking with the attorney general there. I met benefit greatly, our ally will be and talking, and we think that if they with the people who have been dis- strengthened, and our interests in the didn’t bring this forward, it would armed and left the paramilitary orga- hemisphere will be secured. never come up for a vote at all. This is nizations. I met with shantytown resi- I urge my colleagues to join me and the vote. That’s the very point of the dents. vote ‘‘no’’ against this procedural vote. requirement we’re being asked to waive You want to talk about human Ms. SLAUGHTER. I continue to re- today. rights? Those people are the poorest serve. Look, the supposed ‘‘failure to con- people in the world. Those are the peo- Mr. DREIER. Mr. Speaker, at this sult’’ is just the latest pretext for the ple we can help with this agreement. time, I am happy to yield 1 minute to shameless politicization of free trade

VerDate Aug 31 2005 00:19 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.018 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2187 policy and the abandonment of a key Ms. SLAUGHTER. Mr. Speaker, I try. That said, Colombia is an important ally of ally. The perverse truth underlying the need to put on the record the fact that the United States and the trade agreement ne- political battle lines over trade that America is not the manufacturing gotiated between the U.S. and Colombia is this action would harm American in- giant. China is the manufacturing worthy of support. Should it pass, most U.S. terests at home and abroad, in fact, giant, followed by India. exports to Colombia—including Missouri’s ag- American workers would benefit from Mr. DREIER. Would the gentle- ricultural exports—will enter that country duty- the provisions in this agreement much woman yield? free. Under current law, nearly all Colombian more than their Colombian brothers Ms. SLAUGHTER. No. I would like to goods enter the U.S. duty-free. and sisters. have my time to close. On April 8, 2008, the Administration took the Colombia already has access to the The people who talk today about free unprecedented step of delivering the Colombia U.S. market under the Andean Free trade never mention fair trade. That’s Trade Promotion Agreement to Congress with- Trade Agreement. This opens 80 per- been a problem for me for a long time. out having fully consulted with the House and cent of Colombian markets that cur- If it has not affected their economy, the Senate. In my view, the Administration’s rently are closed, have high tariffs, to they’re very lucky. maneuver seriously jeopardizes prospects for American farmers and American manu- I happen to represent an economy the trade agreement’s passage in the House. facturers. that has been greatly affected by trade Without bipartisan support, I am convinced the Legislating, like elections, is about policies that did nothing for the Amer- House would reject it, sending a negative choices. And changing the rules, mov- ican workers, that did nothing to message to Colombia and derailing important ing the goal line beyond reach is the produce more jobs. The idea that we benefits to Missouri agriculture that would be wrong choice on the Colombia Free would again continue to follow that brought with the deal. Trade Agreement. failed policy surprised me. Mr. Speaker, in an effort to give Congress Mr. DREIER. I would again inquire of But the most important thing today, more time to review the Colombia Trade Pro- the distinguished Chair of the Com- we are not debating the Colombia-U.S. motion Agreement and to prevent an embar- mittee on Rules if, in fact, there are Free Trade Compact. What we are de- rassing defeat of the agreement on the House going to be any other speakers on the bating today is whether or not the floor, I will vote today to delay its consider- other side of the aisle. House of Representatives is going to ation. I remain hopeful that the agreement can Ms. SLAUGHTER. There are none. take back what it is entitled to take be considered before the end of the 110th Mr. DREIER. Mr. Speaker, I yield back, and that is, responsibility for Congress. myself the balance of the time to sim- scheduling matters that come to the Mr. KUCINICH. Mr. Speaker, I rise in sup- ply say that this has been a very inter- floor for consideration. It is a very im- port of H. Res. 1092 and urge my colleagues esting debate. Unfortunately, our col- portant point. We are perfectly entitled to vote for this resolution. leagues on the other side have put for- to do it under the law. It affects the The Administration would like to force this ward some, well, let’s say some inac- Senate not a whit. Congress to take up the U.S.-Colombia Free curacies. The fact of the matter is that And I am proud, frankly, to say again Trade Agreement, FTA, before August. over the last 4 years, when this process that our prerogatives, which have been This resolution will allow Congress, not the began, the administration has been slipping away from us for the past 12 Administration, to decide if and when this body working very closely with hundreds years, all the Congress’ prerogatives should take legislative action on the U.S.-Co- and hundreds of meetings in a bipar- going to the executive department, lombia FTA. tisan way to come together so that we that has to stop. And I not only want I strongly oppose the U.S.-Colombia FTA. can do what both Democrats and Re- to stop this one, I would like to regain This is yet another flawed, NAFTA-style, trade publicans alike have said that they some of the abilities that we have lost deal that harms workers in the United States want to do, strengthen our ties within already to represent the people who and in Colombia. this hemisphere and do what we can to send us here. Our workers and our communities have ensure that we bring about an agree- I urge everyone to vote ‘‘yes’’ on this been devastated by our flawed trade policies. ment which will work to create jobs rules change today. Since 2001, over three million valuable manu- right here in the United States. Mr. SKELTON. Mr. Speaker, Article 1, sec- facturing jobs have been lost due to the The distinguished ranking member of tion 8 of the U.S. Constitution grants Congress NAFTA model of trade, now being perpetuated the Ways and Means Committee has the power to regulate commerce with foreign in the U.S.-Colombia FTA. just reminded me of the fact that every nations. Through the years, Congress has rec- In Ohio, where we have lost more than country with which we have a free ognized the President’s role in negotiating 236,000 high-paying manufacturing jobs, we trade agreement, every single country, trade deals and has granted the President a know the realities of these failed trade policies we enjoy a surplus of trade, a trade great deal of leeway with regard to trade. Con- all too well. surplus. So the notion that pursuing gress, however, must ratify every trade deal, The actual number is much higher because these FTAs somehow costs us jobs is and the President has a great deal of respon- we have not included job loss in the service preposterous, and the facts don’t hold sibility to work with elected members of the sector and supply chain that we cannot ac- it up. legislative branch before pressing forward with count for. Excluded are local businesses, such One of our friends on the other side any negotiated trade agreement. as restaurants, just down the road from closed of the aisle, the gentleman from Or- One power Congress has occasionally au- manufacturing facilities that are forced to close egon (Mr. DEFAZIO), talked about the thorized for the President is the so-called ‘‘fast their doors. The ripple effect includes a loss of fact that we were the manufacturing track’’ negotiating authority. ‘‘Fast track’’ per- health care and college educations. giant in 1974, 34 years ago, when fast mits the President to negotiate a trade agree- Trade agreements should be responsible. track authority was put into place. ment while giving Congress an opportunity to The U.S.-Colombia FTA continues the de- And I will tell him that today we are ratify the agreement without amendment and structive trade policies that spur the exodus of still the world’s manufacturing giant. within a certain time frame. ‘‘Fast track’’ allows well paying jobs and undermine the ability of In 1974, we had a $1.5 trillion economy; the House and the Senate to set its own rules working people to protect their living stand- today, we have a $14.1 trillion econ- with respect to considering a trade agreement ards. That is not a responsible trade deal. omy. under these expedited conditions. In Novem- Trade agreements that fail to enforce worker So as was said by the Republican ber 2006, using its ‘‘fast track’’ powers, the rights are irresponsible. Approximately 2,300 leader, Mr. BOEHNER, this is a no- Administration signed a Trade Promotion labor organizers, labor leaders and union brainer, as Mr. MCCRERY said, this is a Agreement with the South American country of members have been murdered in Colombia no-brainer economically. We need to Colombia. since 1991. Today, Colombia is still the most recognize that if we as a Nation are In June 2007, I visited Colombia and met dangerous country in the world for union going to maintain our leadership role, with President Uribe, other Colombian leaders, members. we have to shape it. and U.S. embassy and military professionals In February, an AFL-CIO delegation met Vote ‘‘no’’ on this horrible Hugo Cha- serving there. Through the years, I have been with leaders of the major Colombian labor fed- vez rule, Mr. Speaker. extremely skeptical about U.S. involvement in erations. According to the AFL-CIO ‘‘[l]eaders With that, I yield back the balance of Colombia’s civil war and have voted in the of the major Colombian Labor federations told my time. House to reduce U.S. military aid to that coun- the delegation they oppose any free trade deal

VerDate Aug 31 2005 00:19 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K10AP7.043 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2188 CONGRESSIONAL RECORD — HOUSE April 10, 2008 between the United States and Colombia until This vote will declare that strong-arming Con- democratic ally in Latin America. It is our clos- the government takes strong action to stop the gress will not work. This vote will be a vote for est friend in an area filled with nations op- violence against trade union members and human rights. This vote will be a vote for posed to our shared vision of harmonious rela- ends assaults on union rights.’’ American workers and their families. tions. Colombia has also been beset by a dy- The U.S. must not continue to expand a I urge my colleagues to vote ‘‘yes,’’ and namic Marxist insurgency, funded and suc- failed trade policy based on the NAFTA stand up for working families both here at cored by international drug trafficking and kid- model. It outsources valuable American jobs home and in Colombia. napping. This movement has brought untold and accelerates the transfer of capital out of Mr. TANNER. Mr. Speaker, I rise today to death, destruction, and other hardships to Co- the U.S. It is a model that harms workers, express my disappointment that the Members lombia. In recent years, however, the tide has erodes environmental protections and limits of this body have been forced to make such turned. Owing mostly to the steadfast deter- access to healthcare for the poor in the coun- a difficult decision with regard to the Colombia mination of Colombians who seek peace, tries we trade with. Free Trade Agreement. As you know, the guided by the unwaveringly leadership of Congress must take a much needed step Bush Administration sent this proposed agree- President A´ lvaro Uribe, and assisted by Amer- back and bring all parties to the table to exam- ment directly to Congress without the level of ican funding and advice, the rebels are being ine how we can fix our broken trade system. dialogue many of us would liked to have seen defeated. I have been to Colombia many Common sense suggests that our trade poli- to ensure we can reach agreement on this times, most recently in February, and I have cies should promote workers’ rights, human matter. I fear that the poor and unprecedented seen first-hand the dramatic improvement in rights, strong protections for our natural re- decision by President Bush to place this mat- Colombia’s security situation. By growing and sources and the environment, and expansion ter before the House of Representatives with- diversifying the Colombian economy, the free of Buy American practices that support Amer- out the consent of leadership will result in col- trade agreement would provide further incen- ican competitiveness. What America needs is lateral damage to the Trade Promotion Author- tive for guerillas to cease their quixotic quest Fair Trade, not Free Trade. ity protocol that is instrumental in our work to Mrs. CAPPS. Mr. Speaker, I rise today in for power while also demonstrating the bene- promote commerce with other countries. fits of free trade to those in neighboring coun- support of H. Res. 1092 and against the Co- Therefore, Mr. Speaker, I am constrained to lombia Free Trade Agreement. tries whose leaders favor demagoguery while voting ‘‘present,’’ with the hope that continued letting their economies fall behind. Colombia is an ally and friend of the United dialogue between Congress and the White Many Democratic leaders who oppose the States. I commend President Uribe and his House will lead to a positive resolution of this agreement claim they do so because labor government for reducing the violence and un- entire matter. rest in Colombia. They have made great Mr. DAVIS of Virginia. Mr. Speaker, an an- leaders are endangered in Colombia. This is progress. cient proverb cautions ‘‘Arrogance diminishes an excuse, not a justification. I applaud the vi- However, Colombia still leads the world in wisdom.’’ Sadly, this proposal ignores that tally important role played by Colombian labor trade unionist murders. According to Human warning, indulging institutional arrogance at officials. I unalterably oppose actual or threat- Rights Watch, 17 have been killed this year the expense of wise legislating. Based on the ened violence against them. More importantly, alone, and more than 400 over the last six transparent facade the President’s transmittal I know President Uribe agrees. His govern- years. Hardly any of these murders have been of the Colombia Free Trade Agreement vio- ment has instituted widespread reforms to pro- investigated or prosecuted. lates a ‘‘protocol,’’ the House today is asked to tect labor leaders and to promptly, efficiently, It would be immoral and irresponsible to vitiate a law and a process upon which the ad- and legally respond to attacks against them. pass a free trade agreement with Colombia ministration, the Congress and the people of Since 2002, when President Uribe was inau- while these conditions persist. But this is not Colombia have relied in good faith. gurated, violence directed at labor officials in only about human rights. This is about domes- The alleged breach of manners? A claimed Colombia has fallen 80 percent. These institu- tic responsibility. failure to consult the House on the agreement. tional changes and results are precisely what How can we trade away jobs when unem- But, as has been said, consultation has been Democratic officials in the United States said ployment is climbing and our economy sinks extensive, and those consultations have had would earn their support for the free trade deeper into recession? Surely, this is not the an impact. The Government of Columbia has agreement. But now the goal posts have been time to rush into another trade agreement. done a great deal—more than some may have moved. Democratic leaders, beholden to union Doing so without first strengthening our econ- thought wise, in fact—to address Democratic bigwigs, refuse to do the right thing. This sorry omy and helping American workers is just concerns about human rights, labor orga- spectacle will further confirm the views of plain wrong. nizing, and other issues. those who believe America’s image abroad is The global economy is changing rapidly, It’s called ‘‘fast track authority’’ for a reason. deteriorating. and we need to catch up. We need to expand No argument about process niceties can Make no mistake about it, this action will ef- and strengthen Trade Adjustment Assistance. change the meaning of those words. There is fectively kill this agreement, despite empty We need a Trade Adjustment Assistance pro- supposed to be a deadline for a vote in this claims to the contrary. Rather than ratify provi- gram that educates and trains the American House. That’s the very point of the require- sions which would significantly improve the workforce to better compete in the global ment we’re being asked to waive today. economies of both the United States and Co- economy. In fact, the supposed failure to consult is lombia and solidify relations with a key Amer- Yet the Administration and its allies on the just the latest pretext for the shameless ican ally, the Democratic leadership prefers to Hill have expressed no interest in making this politicization of free trade policy and the aban- cravenly supplicate themselves to their polit- program meet the needs of American workers. donment of a key ally. The perverse truth un- ical allies in Big Labor. Advancing free trade agreements without first derlying the political battle lines over trade: Colombia has done what was asked of it. addressing the needs of American workers is This action would harm American interests at Now, the Democrats who run Congress should just plain irresponsible. home and abroad. American workers would We are here today because the President opt to help their constituents and aide an im- benefit from the provisions in this agreement portant ally. Legislating, like elections, is about has once again chosen confrontation over as much or more than their Colombian broth- compromise. Like with FISA, the Iraq War and choices. And changing the rules, moving the ers and sisters. goal line beyond reach, is the wrong choice on countless other important issues, the Presi- This free trade agreement would spark a the Colombia Free Trade Agreement. dent has determined that he alone knows tremendous increase in trade from the United what’s best and that Congress and everyone States to Colombia. High quality American Mrs. TAUSCHER. Mr. Speaker, I rise in else should just go along. Of course, his dis- goods like machinery would be available at support of H. Res. 1092. astrous record over the last 7 years—on the lower prices in Colombia. The agreement It is with careful consideration that I have economy, jobs, the deficit, health care, dis- would therefore create jobs, spur investment, chosen to support this rule removing proce- aster relief and our national security, to name and improve our quality of life. The benefit is dural timetables from House consideration of just a few issues—should make any fair ob- obvious, especially when compared to the the U.S.-Colombia Free Trade Agreement. server pause before deferring to his judgment. minimal costs. Over 90 percent of Colombian A vote on this rule is not a vote on the sub- By unilaterally forcing this issue, the President goods already enter the U.S. tariff-free thanks stance or quality of the Colombia FTA. It is a has yet again demonstrated his arrogant dis- to the recently renewed Andean Trade Pref- vote in protest of the President’s failure to regard for American workers and their fami- erence Act, so we would be sacrificing very lit- adequately consult the Congress under well- lies. tle. established protocols. The President had a choice. He chose to There are still subtler yet equally vital rea- I was one of only a few members of my force a vote, and today he is getting that vote. sons to approve the FTA. Colombia is a proud caucus to support trade promotion authority in

VerDate Aug 31 2005 00:19 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A10AP7.025 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2189 2002. It is my strong belief that forcing consid- have paid over a billion dollars in tariffs to sell Mr. HOLT. Mr. Speaker, I am pleased to eration of such measures is not the way ‘‘fast their wares in the Colombian market. Every join you today in standing up for working fami- track’’ was intended to be utilized. day we delay enactment of the Colombia FTA lies in America by opposing the flawed fast The President’s actions place ultimate im- we hurt U.S. workers, farmers, and entre- track procedures. plementation of the Colombia FTA in great preneurs who will benefit from opening the When the President sent the Colombia jeopardy. A failure of the FTA on the House Colombian market. Trade Agreement to Congress earlier this floor would send the worst possible message It is disappointing that the Democratic ma- week, he started a clock for the agreement’s to our friends and allies in Latin America. jority has not embraced this trade agreement, consideration. He hoped that by forcing Con- I look forward to working with my colleagues as it would mean new jobs for citizens across gress to act, he would be able to win approval here in Congress, as well as with the adminis- the nation. New jobs that are very much need- of the Colombia FTA. Yet, in reality, he only tration, to create the conditions for consider- ed in our tightening economy. Mr. Speaker, I exposed one of the many problems that fast ation of this important agreement on its own remain committed to the benefits of free and track trade negotiation authority created. merits. fair trade. I urge my colleagues to reject this Today, Congress is sending a clear mes- For too long, the United States has ne- rule which would be detrimental to our rela- sage to the President that we will not consider glected its friends and allies in Latin America, tionship with Colombia and is more importantly the Colombia Free Trade Agreement or any and the Colombia FTA will be a beneficial tool reckless foreign policy. other FTA’s on his time table. We will not be for engagement in the region. Mr. UDALL of Colorado. Mr. Speaker, I will bullied. Congress is a coequal branch of gov- In the midst of growing peace and order in vote for this resolution that President Bush ernment. Colombia, removing trade barriers between has regrettably made necessary. As you may know, I have long opposed the The immediate effect of the resolution will our two countries will facilitate Colombia’s granting of fast track authority to the President be to allow deferral of a vote on the proposed progress and benefit both of our economies. because it removed Congress from shaping free trade agreement with Colombia. President Uribe and the Colombian people and drafting trade agreements, the timing of continue to face a number of challenges, in- Some say that the longer-term effect will be to make approval of that agreement impos- their consideration, and allowed Congress only cluding narco-trafficking and kidnapping by an up or down vote on unamendable trade guerrilla groups, continued violence committed sible. But I think the reality could be just the reverse, because as you have said, Mr. agreements. In doing so Congress abdicated by armed paramilitaries, and the need to pro- our essential responsibility to our nation’s citi- tect the rights of unions and their leaders. I Speaker, at this point the odds are against its approval and so deferring the vote on the zens. I was pleased that this dangerous fast have great confidence in his abilities, and I track authority expired last summer and has look forward to seeing continued progress in agreement could be the only way it might ever be approved. not been renewed. this regard. As I hear from people from across central I also look forward to seeing continued I have supported Free Trade Agreements with Bahrain, , , Morocco, Aus- New Jersey, protecting workers’ rights, human progress and bipartisan support for domestic rights, and the environment are not secondary economic measures, including additional fund- tralia, Jordan, Oman, and Peru, I’d like the op- portunity to consider the merits of a Columbia or extraneous concerns; they are central to ing to stimulate the economy, to provide sup- FTA, but cannot jump to the conclusion that its what the United States stands for. I support port and training for workers, and to address provisions are fully acceptable, and I am trou- trade that elevates the quality of life for citi- housing, energy, and health care. I urge both bled by allegations that labor organizers have zens all over the world. The United States, President Bush and my colleagues to recom- been terrorized by government authorities in and indeed the entire world, can benefit from mit themselves to these goals, in order to cre- Columbia. It seems to me that the proponents increased trade, but increased trade in itself is ate favorable conditions for consideration of of this agreement have the burden of making not the goal we seek. Rather, we seek an im- the Colombia FTA. a compelling case that the agreement meets proved quality of life for our people and ad- Mr. GOODLATTE. Mr. Speaker, I rise today criteria Congress has insisted upon with re- vancement of other people’s well-being. in opposition to this irresponsible rule. The Co- gard to labor protections. Additionally, even on the merits I am very lombia trade agreement was negotiated under Therefore, deferring the vote will allow addi- concerned by the Colombian agreement. As I trade promotion authority, which clearly speci- tional time for the Bush Administration and the have said before, trade done right helps lift the fies that once transmitted to Congress this other supporters of the agreement either to global standard of living and works to protect body must take up the agreement within 90 the make the case that it should be approved our natural environment. Trade agreements days. The Government of Colombia negotiated in its current form or to work with the Colom- are not just about goods and commodities, this agreement with us in good faith, that we bian government and the Congress to make they are about values. Trade agreements would keep our word. Unfortunately the major- revisions to respond to objections raised by its state what constitutes acceptable behavior in ity now wants to change the rules of the opponents. worker’s rights, environmental matters, intel- game. This is damaging to our relationship It should not have been necessary for the lectual property, and so forth. We should with Colombia and damages our reputation in House to act to provide that time. If President make sure we export the goods we produce the world. It shows the world that Congress Bush had been willing to do more to resolve and not the workers who produce them. We does not keep its word, and this will make any those objections, we would not be taking such must continue to demand improvements in our other country reluctant to enter into agree- action. But by deciding to formally transmit the trade policy. ments with our nation. This is simply bad for- agreement, which set in motion the so-called Ms. SLAUGHTER. Mr. Speaker, I eign policy. ‘‘fast track’’ procedures of the current law ap- yield back the balance of my time and I believe in the benefits of free and fair plicable to trade agreements, the President I move the previous question on the trade. I support efforts to remove tariffs and has brought us to this point. resolution. barriers to trade whenever possible and feel And while the details are different, that ap- The previous question was ordered. that such efforts will lead to increased eco- proach is very similar to the one the president The SPEAKER pro tempore. The nomic growth for the nation as a whole. With has followed on many other matters—de- question is on the resolution. tens of thousands of jobs in my congressional manding approval of his proposals and refus- The question was taken; and the district being tied to trade, the expansion of ing to work with Members of Congress to re- Speaker pro tempore announced that trade means a healthy future for a number of solve objections or accommodate other sug- the noes appeared to have it. local businesses, and in turn new jobs for my gestions. Ms. SLAUGHTER. Mr. Speaker, on district, and the Nation. We have seen the pattern over and over, that I demand the yeas and nays. However, I believe that all trade must be fair from the repeated vetoes of legislation to ex- The yeas and nays were ordered. trade. The Colombian agreement would be fair pand the State Children’s Health Program, The vote was taken by electronic de- trade. Already, the vast majority of Colombian SCHIP, to revising the Foreign Intelligence vice, and there were—yeas 224, nays products pay zero tariffs to enter the U.S. mar- Surveillance Act, FISA, and with regard to 195, answered ‘‘present’’ 1, not voting ket. In fact 365 members of this House, many more other matters than I have time to list. 12, as follows: of whom now stand opposed to this fair trade But this time, by adopting this resolution, we [Roll No. 181] bill, voted to allow Colombia this open access can give President Bush time to reconsider to our markets. It is not defensible to keep that way of doing business, and give the other YEAS—224 U.S. producers from the same access to Co- proponents of the Colombia trade agreement Abercrombie Allen Baca Ackerman Altmire Baird lombia, that Colombia already has to our mar- time to make the case for why it should be ap- Aderholt Arcuri Baldwin ket. Since 1991, U.S. workers and businesses proved.

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.021 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2190 CONGRESSIONAL RECORD — HOUSE April 10, 2008 Barrow Higgins Pastor Gerlach Manzullo Ros-Lehtinen GENERAL LEAVE Becerra Hinchey Paul Gilchrest Marchant Roskam Berkley Hinojosa Payne Gingrey Matheson Royce Ms. EDDIE BERNICE JOHNSON of Berman Hirono Pelosi Gohmert McCarthy (CA) Ryan (WI) Texas. Mr. Speaker, I ask unanimous Berry Hodes Perlmutter Goodlatte McCaul (TX) Sali consent that all Members may have 5 Graves McCotter Bishop (GA) Holden Peterson (MN) Saxton legislative days to revise and extend Blumenauer Holt Pomeroy Hall (TX) McCrery Schmidt Boswell Honda Price (NC) Hastings (WA) McHenry Sensenbrenner their remarks and include extraneous Heller McHugh Boucher Hooley Rahall Sessions material on H.R. 2537. Boyda (KS) Hoyer Hensarling McKeon Rangel Shadegg The SPEAKER pro tempore. Is there Brady (PA) Inslee Herger McMorris Reyes Shays Braley (IA) Israel Hill Rodgers objection to the request of the gentle- Richardson Shimkus Brown, Corrine Jackson (IL) Rodriguez Hobson Mica woman from Texas? Shuster Butterfield Jackson-Lee Rogers (AL) Hoekstra Miller (FL) There was no objection. Simpson Capps (TX) Ross Hunter Miller (MI) Smith (NE) f Capuano Jefferson Rothman Inglis (SC) Miller, Gary Smith (NJ) Cardoza Johnson (GA) Roybal-Allard Issa Moran (KS) BEACH PROTECTION ACT OF 2007 Carnahan Johnson, E. B. Ruppersberger Johnson (IL) Murphy, Tim Smith (TX) Carney Jones (NC) Ryan (OH) Johnson, Sam Musgrave Souder The SPEAKER pro tempore. Pursu- Carson Jones (OH) Salazar Jordan Myrick Stearns ant to House Resolution 1083 and rule Castor Kagen Sa´ nchez, Linda Keller Neugebauer Sullivan XVIII, the Chair declares the House in Chandler Kanjorski King (IA) Nunes T. Tancredo the Committee of the Whole House on Clarke Kaptur Sanchez, Loretta King (NY) Pearce Terry Clay Kennedy Sarbanes Kingston Pence Thornberry the state of the Union for the consider- Cleaver Kildee Schakowsky Kirk Peterson (PA) Tiahrt ation of the bill, H.R. 2537. Clyburn Kilpatrick Schiff Kline (MN) Petri Tiberi Knollenberg Cohen Kind Schwartz Pickering Turner b 1404 Kuhl (NY) Pitts Conyers Klein (FL) Scott (GA) Upton LaHood Platts IN THE COMMITTEE OF THE WHOLE Costa Kucinich Scott (VA) Walberg Costello Langevin Lamborn Poe Serrano Walden (OR) Accordingly, the House resolved Courtney Larsen (WA) Lampson Porter Sestak Walsh (NY) itself into the Committee of the Whole Crowley Lee Latham Price (GA) Shea-Porter Wamp House on the state of the Union for the Cummings Levin LaTourette Pryce (OH) Sherman Weldon (FL) Davis (AL) Lewis (GA) Latta Putnam consideration of the bill (H.R. 2537) to Shuler Davis (CA) Lipinski Lewis (CA) Radanovich Weller Skelton amend the Federal Water Pollution Davis (IL) Loebsack Lewis (KY) Regula Westmoreland Slaughter Control Act relating to beach moni- Davis, Lincoln Lofgren, Zoe Linder Rehberg Whitfield (KY) Smith (WA) DeFazio Lowey LoBiondo Reichert Wilson (NM) toring, and for other purposes, with Ms. Snyder DeGette Lynch Lucas Renzi Wilson (SC) DEGETTE in the chair. Solis Delahunt Maloney (NY) Lungren, Daniel Reynolds Wittman (VA) The Clerk read the title of the bill. Space DeLauro Markey E. Rogers (KY) Wolf Speier The CHAIRMAN. Pursuant to the Dicks Marshall Mack Rogers (MI) Young (AK) rule, the bill is considered read the Dingell Matsui Spratt Mahoney (FL) Rohrabacher Young (FL) Doggett McCarthy (NY) Stark first time. Donnelly McCollum (MN) Stupak ANSWERED ‘‘PRESENT’’—1 The gentlewoman from Texas (Ms. Sutton Doyle McDermott Tanner EDDIE BERNICE JOHNSON) and the gen- Edwards McGovern Tauscher tleman from Arkansas (Mr. BOOZMAN) Ellison McIntyre Taylor NOT VOTING—12 Thompson (CA) Ellsworth McNerney Andrews Buyer Larson (CT) each will control 30 minutes. Thompson (MS) Emanuel McNulty Bishop (NY) Ferguson Ramstad The Chair recognizes the gentle- Tierney Engel Meek (FL) Bishop (UT) Granger Rush Towns woman from Texas. Eshoo Meeks (NY) Burgess Hulshof Sires Ms. EDDIE BERNICE JOHNSON of Etheridge Melancon Tsongas Farr Michaud Udall (CO) f Texas. Madam Chairman, I yield my- Fattah Miller (NC) Udall (NM) self such time as I may consume. Filner Miller, George Van Hollen Madam Chairman, I rise in strong ´ b 1347 Foster Mitchell Velazquez support of H.R. 2537, the Beach Protec- Frank (MA) Mollohan Visclosky Mr. PENCE changed his vote from Giffords Moore (KS) Walz (MN) ‘‘yea’’ to ‘‘nay.’’ tion Act of 2007. This legislation ex- Wasserman Gillibrand Moore (WI) Messrs. ORTIZ and ADERHOLT tends the authorization of appropria- Gonzalez Moran (VA) Schultz tions for the Beaches Environmental Goode Murphy (CT) Waters changed their vote from ‘‘nay’’ to Gordon Murphy, Patrick Watson ‘‘yea.’’ Assessment and Coastal Health Act, Green, Al Murtha Watt So the resolution was agreed to. the BEACH Act, through 2012. First Waxman Green, Gene Nadler The result of the vote was announced signed into law in October 2000, the Grijalva Napolitano Weiner BEACH Act has provided States, local Gutierrez Neal (MA) Welch (VT) as above recorded. Hall (NY) Oberstar Wexler A motion to reconsider was laid on governments and tribes vital funding Hare Obey Wilson (OH) the table. for assessment and public notification Harman Olver Woolsey programs that monitor our coastal wa- Hastings (FL) Ortiz Wu f Hayes Pallone Wynn ters. Herseth Sandlin Pascrell Yarmuth Over the years, the Subcommittee on PERSONAL EXPLANATION Water Resources and Environment has NAYS—195 Mr. LARSON of Connecticut. Mr. Speaker, I held numerous hearings on EPA’s Akin Brown-Waite, Davis, Tom regret that I was not present to vote on rollcall BEACH program. In fact, the history of Alexander Ginny Deal (GA) votes Nos. 178, 179, 180, and 181 due to a the BEACH Act goes back to 1990 when Bachmann Buchanan Dent family medical matter. Had I been present, I Congressman William Hughes of New Bachus Burton (IN) Diaz-Balart, L. Barrett (SC) Calvert Diaz-Balart, M. would have voted: Jersey first introduced the Beaches En- Bartlett (MD) Camp (MI) Doolittle ‘‘Yea’’ on rollcall vote No. 178 on the Jour- vironmental Assessment, Closure and Barton (TX) Campbell (CA) Drake nal vote; ‘‘yea’’ on rollcall vote No. 179 on Health Act of 1990. I applaud his vision Cannon Dreier Bean agreeing to H. Res. 1083, providing for con- for effective coastal water quality cri- Biggert Cantor Duncan Capito Ehlers sideration of the bill H.R. 2537, Beach Protec- Bilbray teria and public notification, as well as Carter Emerson Bilirakis tion Act of 2008; ‘‘yea’’ on rollcall vote No. 180 the efforts of Congressman PALLONE Castle English (PA) Blackburn on the motion to suspend the rules and agree ISHOP Chabot Everett and Congressman B , the primary Blunt Coble Fallin to H. Res. 1038, recognizing the fifth anniver- sponsors of this legislation, to carry Boehner Cole (OK) Feeney sary of the Department of Homeland Security forward this legacy. Bonner Conaway Flake and honoring the Department’s employees for As reported by the Committee on Bono Mack Cooper Forbes Boozman Cramer Fortenberry their extraordinary efforts and contributions to Transportation and Infrastructure, the Boren Crenshaw Fossella protect and secure our Nation; and ‘‘yea’’ on Beach Protection Act of 2007 increases Boustany Cubin Foxx rollcall vote No. 181 on agreeing to H. Res. the annual authorization level for Boyd (FL) Cuellar Franks (AZ) 1092, relating to the consideration of the bill State and local monitoring and notifi- Brady (TX) Culberson Frelinghuysen Broun (GA) Davis (KY) Gallegly H.R. 5274 to implement the United States-Co- cation grants by $10 million and ex- Brown (SC) Davis, David Garrett (NJ) lombia Trade Promotion Agreement. pands the eligible uses for grants under

VerDate Aug 31 2005 00:19 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.015 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2191 this program. For example, H.R. 2735 Nation’s coastlines. I believe this legis- protective of human health as EPA’s allows States to utilize a portion of lation accomplishes what we tried to water quality criteria. This is an in- their BEACH grant funding to develop do. crease from 11 States and territories in and implement pollution source identi- Madam Chairman, I reserve the bal- 2000. fication and tracking programs for ance of my time. Further, EPA has improved public coastal recreation waters, which will Mr. BOOZMAN. Madam Chairman, I access to data on beach advisories and enable interested States to locate the yield myself such time as I may con- closings by improving the agency’s likely sources of coastal water con- sume. electronic beach data collection and tamination. Madam Chairman, I am very excited delivery systems. Moreover, EPA has H.R. 2537 also encourages the devel- the House is moving H.R. 2537, the been conducting cutting edge research opment and implementation of rapid Beach Protection Act of 2007. This is an to support the development of new testing methods for determining where example of the good we can accomplish water quality criteria to protect and when coastal recreational waters when we are able to work in a bipar- human health from pathogens and new exceed coastal water quality criteria. tisan manner to address the Nation’s monitoring methods to more accu- These rapid testing methods are de- water resources needs. rately and rapidly detect pathogen con- signed to ensure that the public is noti- Beaches are an important part of tamination in recreational waters. fied of potential harmful recreational American life. Our Nation has nearly Faster and better decisions are good waters within a few hours, rather than 23,000 miles of ocean and Gulf shoreline for public health and good for the econ- days as under the current system. This along the continental United States, omy and beach communities. We are provision will have a significant im- 5,500 miles of Great Lakes shorelines optimistic that this work will help pact on efforts to protect the public and 3.6 million miles of rivers and State beach managers make the best from coming into contact with poten- streams. Beaches are an important decisions possible about keeping beach- tially harmful pollutants and contami- part of the coastal watershed, pro- es open or placing them under advi- nants at their favorite beaches. viding numerous recreational opportu- sory. In addition, H.R. 2537 enhances exist- nities for millions of people, including b 1415 ing public notification requirements, fishing, boating, beachcombing, swim- Although EPA and the States have including making beach warnings and ming, surfing, sunbathing and bird made substantial progress in imple- closures available on the Internet. The watching. menting the BEACH Act, there is im- bill clarifies that the public must be Each year, over 180 million people portant work left to do in the areas of notified within 24 hours of the author- visit coastal waters for recreational monitoring, research and updating the ity receiving results of contaminated purposes. This activity supports over 28 million jobs and leads to the invest- existing water quality criteria. water quality samples. However, be- Reauthorizing the BEACH Act will ment of over $50 billion each year in cause many States utilize a system enable EPA and the States to complete goods and services. Public confidence where two contaminated samples must the important work they have begun so in the quality of our Nation’s water is be identified before a beach is closed, they can better protect public health important, not only to each citizen H.R. 2537 also requires that a physical and safety and continue to improve the who swims, but also to the tourism and sign must be posted at any beach where quality of our Nation’s recreational recreation industries that rely on safe the results of a water quality sample coastal waters so important to the demonstrate the likelihood that the and swimmable coastal waters. To improve the public’s confidence in economies of our coastal communities. water may be contaminated. Again, H.R. 2537 passed the Transportation the quality of our Nation’s coastal wa- providing more information and notice and Infrastructure Committee by a ters and protect public health and safe- on the condition of the Nation’s coast- unanimous vote. I would like to thank ty, Congress passed the Beaches Envi- al water quality is essential to ensure the chairman of the committee, Mr. ronmental Assessment and Coastal that the public can avoid contact with OBERSTAR, and the chairwoman of the Health Act of 2000, commonly called potentially harmful pollutants while Subcommittee on Water Resources and the BEACH Act in the 106th Congress. visiting their favorite beach. Environment, EDDIE BERNICE JOHNSON, The BEACH Act aimed to limit and The bill also enhances EPA’s review and especially a thank you to the rank- of individual States’ compliance with prevent human exposure to polluted ing member, Mr. MICA, for all the hard coastal recreational waters by assist- the requirement of the BEACH Act by work they have done put in to allow us ing States and local communities to requiring the Administrator to conduct to bring to you a consensus bill that implement beach monitoring, assess- an annual review of implementation of enjoys strong bipartisan support. the BEACH Act by State and local gov- ment and public notification programs. I would also very much like to thank ernments and to take corrective action The act also called on States with the staff. We have a bipartisan amend- coastal recreational waters to adopt if State and local governments are not ment that will be offered by Ms. JOHN- pathogen-related water quality stand- in compliance with BEACH Act re- SON at the appropriate time. It address- quirements. It also requires the Gov- ards and directed EPA to conduct re- es technical and clarifying matters and ernment Accountability Office to audit search and develop updated water qual- other matters brought to the commit- EPA’s administration of the BEACH ity criteria to protect human health. tee’s attention since the committee Act. Under the BEACH Act, EPA has been filed its report. Finally, the bill requires EPA to con- making grants to States to help them I urge all Members to support the duct annual compliance reviews of implement programs to monitor beach legislation. State and local BEACH programs. water quality and notify the public if I reserve the balance of my time. Later today I plan to offer a bipar- water quality standards for pathogens Ms. EDDIE BERNICE JOHNSON of tisan manager’s amendment to the bill are not being met. Texas. Madam Chairman, I would like to address several technical rec- An important indicator of progress to to yield 2 minutes to Mr. KAGEN from ommendations made by the Environ- date is the fact that all eligible States Wisconsin. mental Protection Agency and others are now implementing the beach moni- Mr. KAGEN. Thank you to Madam that will improve the bill. I strongly toring assessment and public notifica- JOHNSON and subcommittee Chair urge my colleagues to support the tion provisions of the BEACH Act. The FRANK PALLONE for putting together a manager’s amendment and the under- number of monitored beaches has in- tremendous bill. lying legislation that I believe will creased from approximately 1,000 in Madam Chairman, as a Member who make significant improvement to 1997 to more than 3,500 in 2006. has the honor of representing one of EPA’s BEACH program. In addition, EPA has strengthened the largest States in the country that Much of our efforts are to provide ad- water quality standards throughout all has shoreline beyond measure in its ditional safeguards for our families to the coastal recreation waters in the value, I rise in strong support of H.R. make sure that they do not come into United States. All 35 States and terri- 2537, the Beach Protection Act. contact with potentially harmful pol- tories with coastal recreation waters This critical piece of legislation will lutants and contaminants along the now have water quality standards as increase grant funding overseen by the

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.049 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2192 CONGRESSIONAL RECORD — HOUSE April 10, 2008 EPA for water quality surveys and for charges right into the Great Lakes, the grant so that they could be used to pollution source tracking programs, right along the beaches near big cities investigate and remediate contamina- and it will also set a new standard for like Detroit or Chicago, other popu- tion sources. Because of the increased public notification. lated areas. monitoring, we are better able to pre- H.R. 2537 will take important steps to My district faces additional chal- dict which beaches would be contami- address the serious threat to public lenges in that we have a very long liq- nated. health and the economic vitality of uid border that we share with Canada. But most cases local officials do not coastal vitality of coastal economies in In fact, on the Canadian side of the know the source of the contamination northeast Wisconsin posed by beach river next to my district is an area and are unable to take the action to water pollution and human pathogens. which we call Chemical Valley, which address the cause. If they did they I would be remiss, however, if I did is the largest concentration of petro- would still not have adequate funds to not also recognize the exemplary job chemical manufacturing plants in address the issue. performed by the State of Wisconsin’s North America. So we need to worry This legislation will allow States to Department of Natural Resources, who not only about discharges on the Amer- use their BEACH Act grants to track has been monitoring 34 of the 35 beach- ican side, but on the Canadian side of sources of pollution. This change will es in Door County, Brown County and the border as well. provide the valuable information that Kewaunee County. Frequent and proper monitoring is a we need to help clean up our waters While I am also proud to applaud the critical tool in this area to ensure that and reduce pollution before it gets into beach monitoring standards employed those who come to enjoy our State’s our waters. by the State of Wisconsin, this act will natural beauty can do so knowing that I urge my colleagues to support the also improve upon the quality of these the waters are clean and pure. passage of this legislation. observations and heighten public safe- The BEACH Act has provided re- Ms. EDDIE BERNICE JOHNSON of ty. After all, clean water gets good sources to help State and local govern- Texas. Madam Chairman, I would like health. ments ensure that our beaches are safe to yield to our distinguished Chair of Moreover, it will require the EPA to for recreational activity. In many the full committee for a unanimous commence a study, identify potential ways, the BEACH Act has been success- consent request. revisions in the beach-funding distribu- ful and this reauthorization bill and (Mr. OBERSTAR asked and was given tion formula, which currently weighs the bipartisan cooperation that went permission to revise and extend his re- the beach season conservatively, more into it has improved an already out- marks.) importantly, than other factors such as standing Federal program, but I do be- Mr. OBERSTAR. Madam Chairman, I rise in Wisconsin’s winter season not being lieve that we can do better. strong support of H.R. 2537, the Beach pro- adequately measured. Additionally, the A 2007 GAO report about the impact tection Act of 2008. bill will call upon the EPA to publish a of the BEACH Act on the Great Lakes This legislation, and the underlying statute list of pathogens affecting human noted that there were some important that the Beach Protection Act amends, are health. successes, but also some areas where In closing, I urge all of our colleagues we need to improve. First, the GAO vital to ensuring that the public is aware of, to support H.R. 2537. found that the formula EPA has used and protected from coming into contact with, Mr. BOOZMAN. Madam Chairman, I to distribute the BEACH Act grants potentially harmful pollutants and contami- yield 4 minutes to the gentlewoman does not accurately reflect the moni- nants in our coastal recreational waters. from Michigan (Mrs. MILLER). toring needs of the respective States. I applaud the efforts of the primary sponsors Mrs. MILLER of Michigan. I cer- The EPA takes into account three fac- of this legislation, the gentleman from New tainly appreciate the gentleman yield- tors to determine the allocation of Jersey, Mr. PALLONE, and our colleague on the ing. these grants: beach season length, Committee on Transportation and Infrastruc- Madam Chairman, I rise in very beach miles, and then beach usage. ture, Mr. BISHOP, for shepherding this impor- strong support of H.R. 2537, the Beach At the current funding levels, the tant legislation through the hearing process, Protection Act, and I want to applaud beach season factor has a much greater through Committee markup, and to the floor of Chairman OBERSTAR for his leadership influence than the factors of beach the House today. in bringing this to the floor and work- miles and coastal population. Great I also applaud the efforts of the gentleman ing with Ranking Member MICA. Cer- Lakes States, which have beach sea- from California, Mr. BILBRAY, for his efforts tainly our subcommittee Chair, EDDIE sons of little longer than 4 months, back in 2000 to move the initial BEACH Act to BERNICE JOHNSON, has done extraor- lose out when compared to southern the President’s desk. dinary work on this, and our ranking and western States, of course, that The BEACH Act that was signed into law in member on the subcommittee, Mr. have a full year season, even though October 2000 authorized $30 million annually BOOZMAN, as well, for bringing it to the the number of people who use the for beach monitoring and assessment pro- floor, I think, in a very bipartisan way. beaches might be similar. grams and public notification programs for fis- I actually was not in the Congress in Just an example, my home State of cal years 2001 through 2005. It required 2000 when the original BEACH Act be- Michigan is disadvantaged by the mini- States and tribes to determine minimum water came law, but I really feel this pro- mal consideration given to beach quality standards that were considered ‘‘safe.’’ gram could have been designed with miles. In 2006, Michigan, that has 3,224 In many ways, the BEACH Act has proven my district in mind. In Michigan, we shoreline miles, received a grant out successful in making the public aware of the are unbelievably blessed to be sur- allocation of only $278,000. By contrast, presence of potentially harmful water contami- rounded by the Great Lakes which pro- one of our neighboring States, that has nation at local beaches, and has brought vide incredible recreational opportuni- only 63 shoreline miles, received about a revolution in terms of States creating ties for boating or fishing or swim- $243,000. Due in part to this funding dis- and implementing coastal recreational water ming. parity, Michigan is only able to mon- monitoring and notification programs. The ben- Millions of Michigan residents from itor 212 of its 905 beaches. efits we have seen over the last 8 years in- all over the world come to Michigan to I am glad that this legislation helps clude uniform standards for coastal rec- enjoy our magnificent Great Lakes. In address this problem by requiring the reational water quality, and increased moni- fact, there are more than 30 million EPA to conduct a study of the formula toring and notification of such waters. people who find their way every year to for the distribution of grants in accord- However, inasmuch as the BEACH Act has our beaches. ance with the needs of the States. EPA been successful in providing more information We also have some especially unique must report their findings back to the to the public, the Bush administration’s track challenges in the Great Lakes region in Congress and suggest possible revisions record on utilizing all of the tools contained in regards to quality. Unfortunately, due for a more equitable distribution of the the BEACH Act to protect human health has to inadequate underground infrastruc- funds. been far less successful. ture, many areas suffer from combined A second recommendation from the For example, the EPA was given authority sewer overflows during our wet weath- GAO report was that Congress should to promulgate standards for States that did not er events. We often see sewage dis- consider providing more flexibility for have sufficient standards as compared to

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K10AP7.051 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2193 those in the 1986 Ambient Water Quality Cri- of our coastal States, but also for open when high levels of bacteria are teria for Bacteria. EPA was given further direc- countless visitors who come to visit found. tion to continue to study the impacts of water- each year. America’s beaches are a tre- The legislation also requires prompt borne pollutants and bacteria to human health, mendous resource for those who come communication with State environ- and to revise the criteria every five years as to enjoy them, and they are a huge eco- mental agencies by stating that all needed. nomic engine for our coastal States. BEACH Act grant recipients make de- Unfortunately, EPA failed to complete this In New Jersey alone, beaches are the cisions about closures or advisories task, as demonstrated by a lawsuit by advo- primary driver of a tourism economy within 24 hours in order to ensure co- cates for safe beaches, and more recently, in that provides nearly 500,000 jobs and ordination in response to activities. a report of the Government Accountability Of- generates nearly $36 billion in eco- We are also requiring each State re- fice (‘‘GAO’’). nomic activities to the State each ceiving grants to implement measures This GAO Report, entitled ‘‘Great Lakes: year. All summer long thousands of for tracking and IDing sources of pollu- EPA and States Have Made Progress in Im- people flock to the beaches. tion, creating a public online database plementing the BEACH Act, but Additional Ac- It’s my intention to assure that these for each beach with relevant pollution tions Could Improve Public Health Protection,’’ beachgoers that are there in New Jer- closure information posted, and ensur- established that more work could be done to sey and elsewhere, that not only are ing the closures or advisories are ensure the safety of our beach waters. they visiting clean beaches, but they issued shortly after the State finding Just this week, a Federal District Court are also swimming in safe waters. that coastal waters are out of compli- judge in California ruled that EPA, again, vio- Thanks to the BEACH Act, a law ance, so, again, right to know, informa- lated its ‘‘non-discretionary duty’’ to complete that I helped to author back in 2000, we tion to the public. required studies on revising coastal water have made major strides over the last 8 We are also holding States account- quality criteria and standards. Even after los- years. The BEACH Act of 2000 helped us able by requiring the EPA adminis- ing a similar lawsuit in 2006, EPA continues to improve water quality testing and trator to do annual reviews of grant- argue that the statute gives the Agency the monitoring of beaches across the coun- ees’ compliance with BEACH Act proc- discretion to ‘‘conduct the studies as it sees try, which is critical to protecting the ess requirements. The Beach Protec- fit.’’ This is contrary to the law, and has once health of beachgoers. tion Act will strengthen current law by again been dismissed by the Federal District The act has three provisions: one, re- requiring States to use expedited test- Court judge. quiring States to adopt certain EPA ing. Similarly, the Bush administration has failed water quality criteria to protect This is a right to know for our to utilize the authorities and direction of the beachgoers from getting sick; two, re- beachgoers. It’s very important, and I initial BEACH Act to ensure the public has the quiring the EPA to update these water want to thank everyone on a bipartisan best, most accurate, and timely information on quality criteria with new science and basis for supporting it. the condition of their favorite beaches. For ex- technologies to provide better, faster Mr. BOOZMAN. Madam Chairman, I ample, the BEACH Act called for a creation of water testing; and, third, to provide yield 2 minutes to my friend from a ‘‘National List of Beaches’’ that would pro- grants to States to implement coastal Texas (Mr. CONAWAY). vide the public with information on which water monitoring programs. Mr. CONAWAY. Madam Chairman, beaches had in place monitoring and notifica- In New Jersey we used some of this things that we do in this Chamber have tion programs, and which did not. EPA was grant money to become the first State consequences, and the things we don’t given the direction to periodically revise this in the Nation to launch a real-time do in Chamber also have consequences. list, based on the availability of new informa- Web site that notifies beachgoers of the Quite frankly, there are a lot things tion. state of our beaches. Essentially, this that we are not doing that are having I can assure my colleagues that latest list, bill is a right-to-know piece of legisla- immense consequences, things like re- published in 2004, is not the most up-to-date tion. newing the FISA bill, the war supple- assessment of the condition of the Nation’s Now, despite the actions New Jersey mental, long-term issues like Social beaches. Again, the administration has failed and other States have taken since the Security and Medicaid. We had another to utilize the tools provided by Congress to en- BEACH Act was signed earlier in the one today, the Colombia Free Trade sure the protection of human health and safe- year 2000, this act must be improved. Agreement, which are things that will ty. have consequences because we have not Despite the current administration’s track That’s why I have introduced the dealt with this on the floor. record, the BEACH Act is an important law for Beach Protection Act of 2007. This bill not only reauthorizes the The internal combustion engine will protecting the public from the presence of grants to States for 2012 but adds to be used for a long time to power pleas- harmful pollutants and contaminants in the Na- the annual grant levels from a total of ure craft on our lakes and beaches and tion’s recreational waters. The Beach Protection Act, under consider- $30 million to a new level of $40 million waterways. The public policy decisions ation today, will further enhance these authori- annually. that we are taking in here and have ties by working towards real-time, same-day We also expand the scope of BEACH taken in here make that use of those information on the condition of local waters to Act grants from water quality moni- boats and jet skis much more expen- safeguard against unintentional contact with toring and notification to also include sive. Public policy decisions that are spe- contaminated waters. pollution source tracking efforts. The Again, I strongly support the efforts of our bill requires that beach water quality cifically aimed at increasing the en- colleagues in drafting this important piece of violations are disclosed not only to the ergy costs to all Americans are things legislation, and urge its adoption. public but all relevant State agencies like raising taxes on energy companies Ms. EDDIE BERNICE JOHNSON of with beach water quality authority. so that they are no longer able to use Texas. Madam Chairman, I yield 4 min- I want to mention the rapid testing that money to explore for and produce utes to the gentleman from New Jer- methods. This act calls for the use of additional crude oil and natural gas, sey, who is the author of the bill. rapid testing methods by requiring the restrictions on where we can drill for Mr. PALLONE. I thank the sub- EPA to approve the use of rapid testing these additional sources of crude oil committee Chair, the gentlewoman methods that detect bathing water and natural gas, and the gasoline that from Texas. contamination in 6 hours or less. This results from that to power our water Let me say I appreciate the bipar- is something that I have been advo- crafts and jet ski, added regulations on tisan support that this legislation has, cating for the last couple of years. the production of crude oil and natural and certainly the efforts, not only of Current water quality tests, like gas, added regulations on the refining Mr. TIM BISHOP of New York, but of our those used in New Jersey, only test for of crude oil and natural gas and the chairman of the full committee, Mr. bacteria levels and take 24 to 48 hours gasoline that can be used to power jet OBERSTAR, and the subcommittee to produce reliable results, during skis and motor boats and others, and Chair, Ms. EDDIE BERNICE JOHNSON, for which time many beachgoers can be even new regulations that are coming moving this legislation today. unknowingly exposed to harmful that will increase the cost of elec- Madam Chairman, our Nation’s pathogens. More immediate results tricity to American consumers and beaches are vital, not only to residents would prevent beaches from remaining American businesses.

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.023 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2194 CONGRESSIONAL RECORD — HOUSE April 10, 2008 b 1430 origin are important steps to keeping at $110 a barrel. It is time we revisit All of these public policy decisions our beaches clean, knowledge is only the very important issue of being able that we make in this House and have half of the battle. The July 2007 GAO to go after resources we have available made in this House are specifically de- report also found that while the to us in Alaska and in the Outer Conti- signed to raise the operating costs of BEACH Act has helped protect nental Shelf. all these vehicles to consumers in beachgoers from polluted waters, What about encouraging the con- America. It is the elephant in the room States still do not have the resources struction of nuclear power plants? We that none of us want to talk about as they need to clean up the pollution and began that process in 2005 with the pas- we go forward with the energy policy prevent future problems. sage of the Energy Policy Act. But as that is put forth by the leadership of The latest survey by EPA has esti- we stand here today, we haven’t built a the current House. That is, they spe- mated that an additional $181 billion is new plant in decades. European and cifically want Americans paying higher needed nationwide for infrastructure Asian nations are building them by the gasoline prices because when you re- projects eligible for funding under the dozens. India has nine new plants under duce supplies, as these policies do in State revolving fund. I look forward to construction. is building five the face of increasing demand, then the working with Chairman OBERSTAR and more. And China has plans to build 30 law of supply and demand works, in the Transportation and Infrastructure reactors. We in this country have plans spite of our best efforts, and costs go Committee later this year to address for exactly zero on the way. up. our water and wastewater infrastruc- Let’s talk about how we intend to As we have seen, gasoline prices are ture needs and provide resources for compete with China, which is can- at an all-time high. This weekend, the State revolving fund. vassing the globe in its quest to ensure which will be a wonderful weekend to I appreciate the work of Mr. PALLONE a reliable supply of oil. Reports indi- be on our beaches and lakes, using and Mr. OBERSTAR on this important cate that the Chinese are forming en- those watercrafts, the gasoline that legislation, and look forward to work- ergy partnerships with rogue nations will be purchased to pay for that rec- ing with them as we continue to ad- like Iran and Cuba. And Cuba is pur- reational use this weekend will be dress important Great Lakes issues. portedly planning to allow the Chinese much higher than it otherwise would Mr. BOOZMAN. Madam Chairman, I to drill for oil off the Florida Keys, off have been than if we had taken ration- yield 4 minutes to the gentleman from our Florida Keys. Shouldn’t we be talking about boost- al steps with respect to energy policy Ohio (Mr. CHABOT). in this country. Mr. CHABOT. Madam Chairman, I ing domestic production simply so we Ms. EDDIE BERNICE JOHNSON of rise to express my deep disappointment wouldn’t have to rely on the mood of Texas. Madam Chairman, I yield 2 min- with today’s debate in the House. With Third World dictators like Hugo Cha- utes to the gentleman from Michigan our Nation facing record high gas vez? Wouldn’t it be nice if prices didn’t (Mr. STUPAK). prices, the majority leadership in the spike at your neighborhood gas station Mr. STUPAK. Madam Chairman, I House has chosen to debate legislation when terrorists decide to blow up a rise in support of this legislation which not on securing reliable and affordable pipeline half a world away, or when would reauthorize the Beach Environ- energy, but on beaches. there is instability in ? Some may argue, and they might mental Assessment and Coastal Health I suggest a better use of our time and well be right, that oil isn’t the long- Act, or the BEACH Act. the American people’s time would be to term answer. It is a finite resource My district has over 1,600 miles of have a serious debate about energy. that may be scarce in the near future beach frontage on the Great Lakes, and How are we going to make energy more as developing nations like China and the BEACH Act has been instrumental affordable in the short term? How are in providing funding to protect India continue to expand and industri- we going to make energy more afford- beachgoers from bacteria and other alize; maybe so. But shouldn’t we con- able as the Nation needs to be more dangerous pathogens. sider boosting our oil and natural gas Michigan residents rely on BEACH independent in the long term? What supplies, increasing our energy inde- Act funding to protect them. In my dis- will be our primary fuel source in the pendence that might just buy us the trict, residents on Sugar Island near future, and how do we get there? time necessary to develop the next fuel Instead, in recent months we have Sault Ste. Marie, Michigan, depended source? Maybe hydrogen fuel cell tech- periodically debated shortsighted and on this important funding to monitor nology will take us into the next cen- water that had been contaminated with fatally flawed legislation that purports tury. Maybe it is some other renewable E. coli, coliform, and other bacteria. to fix our energy problems simply by resource. It could be a combination, or Without the support of BEACH Act raising taxes by billions of dollars on maybe something we haven’t even dis- grants, the Chippewa County Health domestic energy companies and hoping covered yet. We don’t know. We do Department would not have been able for the best. That is not an energy pol- know that America has substantial re- to determine that the pollution was icy, that is a tax increase on every serves of oil and natural gas that we originating from a wastewater treat- American family. Energy companies have locked up, we have placed off-lim- ment plant in Canada. will inevitably pass on their additional its. These resources could be the bridge This legislation would improve the costs to consumers at the pump. that allows America to cross over the BEACH Act program to ensure a fairer We should be debating legislation to choppy waters of OPEC and Third distribution of funds. In July of 2007, streamline the Federal permitting World dictators to the secure footing of the Government Accountability Office process that has stifled construction of affordable and secure energy sources of released a report at the request of my- new oil refineries. We haven’t built one tomorrow. Let’s talk about these im- self and several other Great Lakes col- in 32 years. We could be talking about portant things. Let’s not talk about leagues. This report found that the benefiting consumers by simplifying beaches. EPA was using a funding formula that our Nation’s fragmented gasoline sup- Ms. EDDIE BERNICE JOHNSON of prioritizes States with warmer cli- ply. The number of regional boutique Texas. Madam Chairman, I yield 2 min- mates, ignoring other important fac- fuels restricts the movement of our utes to the gentlewoman from Cali- tors such as beach miles and beach use. fuel supply and raises costs on Ameri- fornia (Mrs. CAPPS). This formula put Great Lakes States cans at the pump. Mrs. CAPPS. Madam Chairman, I rise like Michigan at a distinct disadvan- We could be debating the merits of in strong support of the Beach Protec- tage, making it more difficult for these opening Alaska’s Arctic National Wild- tion Act. This bill will increase protec- States to protect their beachgoers. life Refuge, ANWR, and the Outer Con- tions for the Nation’s beaches and the This legislation addresses this prob- tinental Shelf for energy exploration. public health. I commend Mr. PALLONE, lem by instructing EPA to revise its We know that combined these areas Mr. BISHOP, and the Transportation funding formula to take factors such as have nearly 100 billion barrels of oil. Committee leadership for bringing this beach miles and beach use into consid- Previous Congresses, urged on by their important bill to the floor in a bipar- eration. radical environmentalist allies, made tisan way. While monitoring water quality and the decision to keep these vast reserves Despite having one of the most com- tracing the sources of pollution to its off-limits. As a result, we see oil now prehensive beach water quality testing

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.055 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2195 programs of all the coastal States, my My constituents in the Fourth Dis- the Natural Resources Defense Council, home State of California has by far the trict of Texas, as well as all Americans, almost 2,700 beach advisory or closure most beach closures and advisories of are very concerned about the ever-in- dates were issued due to pollution for all of the States. The State reported creasing cost of gasoline and diesel, the State of Florida in 2006. Although over 4,600 closing and advisory days combined with the escalating prices at the number was down from the pre- statewide in 2006. the grocery store. It is costing them vious 2 years, 2006 represents a record This legislation builds on the more to travel to work, and more to high for closing or posted warnings progress made since the passage of the provide food for their families. They with over 25,000 such notices across our BEACH Act in 2000 to reduce the num- are looking to Congress for some im- country. ber of these closures which threaten mediate relief and some long-term so- Madam Chairman, the causes for public health. lutions. beach pollution are well known. It First, the legislation increases the The Energy Security Act that the often originates from contaminated funds available to the States, and ex- majority passed and the President storm water or inadequately treated pands the uses of those funds to include signed into law has some good provi- sewage, and the effects can be wide tracking the sources of pollution that sions; but, unfortunately, none that ranging and devastating, ranging from cause beach closures, and supporting will provide Americans the relief they ear infections and respiratory ail- pollution-prevention efforts. need from high energy costs. Not one ments, to hepatitis and dysentery. For It will also require the EPA to de- barrel of oil was provided in that entire senior citizens, small children and peo- velop methods for rapid testing of act. There was no mention in the En- ple with weak immune systems, the re- beach water, so results are available in ergy Act of an increase in domestic sults can even be deadly. hours, not days. production, which is one way to help That is why this act, the Beach Pro- Second, the legislation strengthens bring down energy costs. tection Act, is important. The legisla- the requirement for public notification This year marks the culmination of a tion will reauthorize the BEACH Act of of health risks posed by water contami- research and development product 2000 and increase annual funding from nation. These measures will improve which I have worked on and passed, I $30 million to $40 million, enabling the public’s awareness of health risks think four times as a Democrat and more beaches to receive Federal grants posed by contamination of coastal wa- one time as a Republican, and it is the to support State-monitoring efforts. ters and create additional tools for ad- Ultra-deepwater and Unconventional b 1445 dressing the sources of pollution that Onshore Hydrocarbon Resources Act cause beach closures, including leaking that was signed into law as part of the It will also allow States to use the or overflowing sewer systems and Energy Policy Act of 2005. funds to track and clean up the sources storm water runoff. Nuclear energy has also seen a surge of beach water pollution so that we can I know some of my colleagues are in recent years as people realize it is a prevent future closings and advisories trying to make this debate into one of clean and safe source of energy. But as from happening. energy and our economy. This is a bill with building a new refinery, the per- H.R. 2537 will also speed up notifica- to help protect the health of our beach- mitting and construction process is ex- tions of water quality. The unfortunate es and the health of our economies. tremely expensive, and there are still truth is that many beach managers are Safe and healthy beaches are strongly significant risks to venture capitalists using outdated testing methods that tied to our local economies. So I urge who would otherwise invest. are incapable of providing immediate, my colleagues not to be distracted by Congress needs to reduce uncertainty same-day results of water quality. This extraneous arguments. in the regulatory process for permit- means that beachgoers sometimes Clean water is an economic and pub- ting and construction of new nuclear don’t even find out until a day or two lic health necessity for California and plants, as well as oil refineries, by after they return from the beach that for all coastal States. I urge my col- streamlining the process and requiring the water they were swimming in was leagues to vote ‘‘yes’’ on H.R. 2537. the Environmental Protection Agency hazardous. Let’s take good care of our beaches. to issue its rulings within a realistic This delay must stop. Our constitu- Mr. BOOZMAN. Madam Chairman, I time frame. ents have a right to know right away if yield 21⁄2 minutes to the gentleman America needs relief at the pump the water is unsafe. And now that we from Texas (Mr. HALL). now more than ever. Congress needs to have rapid test methods that can pro- (Mr. HALL of Texas asked and was jump start efforts to bring down energy vide results in as little as 2 hours, the given permission to revise and extend costs in the short term and build on EPA must approve them and States his remarks.) comprehensive energy policies that must implement them, and this bill Mr. HALL of Texas. Madam Chair- recognize the importance of all energy will require them to do that. man, I am of course pleased to support sources in the long term. Providing The Beach Protection Act is criti- H.R. 2537, the Beach Protection Act of Americans with affordable energy is an cally important for our coastal com- 2007, and appreciate the efforts of Mr. important issue. munities and the millions of Ameri- PALLONE to advance this legislation. Ms. EDDIE BERNICE JOHNSON of cans who enjoy and visit them each It is my understanding that this bill Texas. Madam Chairman, I yield 3 min- year. will receive overwhelming bipartisan utes to the gentleman from Florida I thank the chairwoman again for her support. It is going to be a totally (Mr. KLEIN). work on it, and look forward to the green board, which I applaud. But it Mr. KLEIN of Florida. I thank the passage of this bill. seems to me that the House has other, distinguished chairwoman of the Water Mr. BOOZMAN. Madam Chairman, I more critical issues to consider, such Resources Subcommittee for yielding yield 2 minutes to the ranking member as the rising cost of energy which af- to me, and for her great work on the of the Energy and Air Quality Sub- fects the success or failures of the trav- legislation, as well as the bill’s spon- committee, Mr. UPTON from Michigan. eling public to even reach the beaches sor, Mr. PALLONE. Mr. UPTON. Madam Chairman, I of the world. Madam Chairman, I rise today to en- must say, when I saw the whip notice Oil and gas prices are at an all-time thusiastically support the Beach Pro- this last week, I saw some good things high with national averages topping tection Act of 2007. With over 75 miles and some bad things. One of the bad $3.25 a gallon. A year ago we feared a of shoreline along Florida’s well-re- things that I didn’t see was that we’re time when crude oil could reach $100 a nowned Gold Coast on the Atlantic not addressing what my constituents barrel, and now oil has reached $110 a Ocean, my congressional district relies are talking about, and that is gas barrel for the first time in history. heavily on its beaches to support both prices. Unfortunately, energy analysts are our economy and our unparalleled Yes, this is a good bill, beach nutri- saying that prices at the pump are not quality of life. tion. It has water monitoring there, likely to decrease any time soon, and But keeping our beaches open and Great Lakes are now part of it, and I could rise as high as $3.75, maybe $4 a thriving requires us to vigilantly fight want to thank particularly the Mem- gallon this year. pollution in our waters. According to bers from the Great Lakes area who

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.057 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2196 CONGRESSIONAL RECORD — HOUSE April 10, 2008 were able to include that, particularly Ms. EDDIE BERNICE JOHNSON of Mr. PETERSON of Pennsylvania. my friend who represents the east side Texas. I reserve my time. Madam Chairman, on April 10, 2008, let of Michigan, CANDICE MILLER, on that Mr. BOOZMAN. Madam Chairman, I the record show, oil is $110 and rising, committee. yield 2 minutes to the gentleman from natural gas is $10.56 and rising, gaso- But as far as I know, this bill passed Georgia (Mr. WESTMORELAND). line and diesel prices at record levels in without dissent. Frankly, it could have Mr. WESTMORELAND. Madam all our communities. been under suspension of the rules. I Chairman, I wanted to read some Folks back home are scared. They bet we would have passed it on a voice quotes. This is a quote from Speaker want us to help them. An amendment I vote, two-thirds voting in favor of it. NANCY PELOSI, 4/24/06: ‘‘Democrats have will offer later will help, the NEED After the Flake amendment, maybe a commonsense plan to help bring Act, to this bill because it will provide there are some that wish that it did down skyrocketing gas prices.’’ the ability to produce clean, green nat- come up under suspension so that they Another quote from Majority Leader ural gas on out, out of sight, offshore. wouldn’t deal with the Flake earmark HOYER: ‘‘Democrats believe that we can It will provide $20 billion to clean up amendment. We’ll see. do more for the American people who the Chesapeake Bay and the beaches But, you know, my constituents back are struggling to deal with high gas there, $20 billion to clean up the Great home, they’re complaining that we’re prices.’’ This was 10/4/05. Lakes, $12 billion for San Francisco doing things that aren’t maybe on the On 7/26/06, Mr. JIM CLYBURN, the Bay clean-up, energy efficiency and re- top of their agenda. We’re talking Democratic Whip, said, ‘‘House Demo- newables, $32 billion, carbon capture, about steroids, we’re talking about a crats have a plan to help curb rising the famous discussion in the Senate whole number of things that don’t im- gas prices.’’ now, $32 billion. And it’ll be mandated pact the economy or, in fact, their We need to see those plans. We need spending. The appropriators can’t pocketbook. They’re talking about gas to hear what those ideas are. screw it up. prices. April 16, 2006, press release, Speaker America’s economic future is in trou- On Tuesday when I left to come back PELOSI: ble. Energy prices will prevent people from Michigan, diesel prices were $4.11 ‘‘The Republican Rubber Stamp Con- from having a job, having an economy a gallon. Gas prices, unleaded regular, gress has passed two energy bills, cost- and being able to afford their vacations $3.35 a gallon. I can hardly wait till I ing taxpayers $12 billion for giveaways and go to the beautiful beaches that we go back this week and see what they to big oil companies. But the Repub- have. might have gone to. lican bills clearly have done nothing to I think Roy Ennis says it best, chair- What have we done on this? That is lower gas prices, as the price of a bar- man of the Congress of Racial Equal- their question. What are we doing rel of oil has sailed over $70 a barrel,’’ ity. Energy is the master resource, the about supply and demand? and I believe it closed over $110 today, foundation of everything else. Abun- Well, I’ll tell you some of the things ‘‘the highest price in our history.’’ dant, reliable, affordable electricity, we’ve done. We’ve raised taxes on ‘‘Democrats have a plan to lower gas natural gas and transportation fuels them. Thank goodness we’ve got the prices, taking America in a new direc- make our jobs, health and living stand- ards possible. Energy is the great Senate saying no so far because, of tion that works for everyone, not just equalizer, the creator of economic op- course, if you raise taxes on energy a few. Our plan would empower the portunity and environmental justice. production here, those costs are just Federal Trade Commission to crack Push energy prices up, everybody suf- going to be passed along to the con- down on price gouging, to help bring fers. When energy costs get too much, sumer and they’ll go up even higher. down skyrocketing gas prices, increase industry lays people off or just leaves. Go talk to the French or the British production of alternative fuels, and re- Jobs, income and tax revenues vanish. and those folks. They tax gas a lot and scind the billions of dollars in taxpayer Government social programs wither. they pay a lot more per gallon. subsidies, tax breaks and royalty relief Town and leadership migrate to other There’s some things that we haven’t given to the big oil companies.’’ cities, other countries. Social ills mul- done. I know some in this body have Madam Chairman, I’ll say that we tiply. That’s why I say the fight over advocated for raising the gas tax by as have not had any relief from gas prices. energy is the critical civil rights battle much as 50 cents a gallon. We haven’t Gas prices are a dollar a gallon more of our era. Your utility bills, the price today than they were when the new done that. Maybe, certainly I believe you pay at the pump, your job security majority took over. that’s a good thing. are in danger, and not just because of But we’ve blocked using oil shale We have paid too much attention to the Middle East oil wars or competi- windmills, bicycles and solar panels. from Canada. You know, they’ve got a tion from China and India. Our rights We need to pay attention to domestic field up in the Northwest there that are being endangered because of what’s drilling. We need to pay attention to they think rivals the Saudis, that can happening right here at home. actually heat up the and the oil promoting alternative fuels. This Congress is the cause of high en- 1 comes out. They’re actually taking 1 ⁄2 We have been going in the wrong di- ergy prices. There’s no action here to million gallons. rection. And if you ask the American fix the ills of the past. We’re locking up The CHAIRMAN. The time of the people right now, 78 percent of the peo- our energy supply. It’s not even to be gentleman from Michigan has expired. ple say this country is headed in the debated. It’s not even a priority. Mr. BOOZMAN. I yield the gentleman wrong direction. Congress is the reason America an additional 20 seconds. And, Madam Chairman, I promise doesn’t compete energywise. And, Mr. UPTON. We need to do more. We you, our gas prices are heading the folks, in a period of time, we won’t are now, by 2012, our domestic needs, wrong direction. compete in the global economic econ- we’re going to be only producing 12 per- Ms. EDDIE BERNICE JOHNSON of omy, and we will not have jobs and a cent of our gas here. That’s got to Texas. Madam Chairman, I would like future for this country. We have the change. to yield 30 seconds to the gentleman potential of being a second-rate nation Madam Speaker, let’s not go to the from Minnesota (Mr. OBERSTAR). because we, as Congress, have caused beach and leave our work undone. Let’s Mr. OBERSTAR. I’m surprised at the the energy crisis and are refusing to fix pass this bill, but let’s deal with the remarks, Madam Chairman, of the gen- it. real issue that Americans feel in their tleman from Georgia, about bicycling. Ms. EDDIE BERNICE JOHNSON of pocketbooks literally every day that I think we need to pay more attention Texas. Madam Chairman, I’d like to re- they go to the pump. and do more work for bicycling. And serve. Ms. EDDIE BERNICE JOHNSON of we would all do better burning 86,000 Mr. BOOZMAN. Madam Chairman, I Texas. Madam Chairman, I would like calories a year on the seat of a bicycle yield a minute to the gentlewoman to inquire of my colleague, Mr. than eight barrels of oil a year in our from Virginia (Mrs. DRAKE). BOOZMAN, how many more speakers he cars. Mrs. DRAKE. I rise in support of the has. Mr. BOOZMAN. Madam Chairman, I Beach Protection Act. And as the Mr. BOOZMAN. We have several, yield 3 minutes to the gentleman from Member who represents the entire At- Madam Chairman, probably five or six. Pennsylvania (Mr. PETERSON). lantic Coast in Virginia and much of

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.059 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2197 the Chesapeake Bay, I recognize that and help our consumers and our small I yield back the balance of my time. our beaches are a treasure and must re- businesses. Either way, the American Ms. EDDIE BERNICE JOHNSON of main clean and safe. But we must lift worker is suffering, small businesses Texas. Madam Chairman, I yield 2 min- the Federal moratorium on deep sea are suffering, and this is a very impor- utes to the gentlelady from Florida drilling of natural gas in the Outer tant issue to our Nation. (Ms. CASTOR). Continental Shelf. Let’s show the people of America Ms. CASTOR. Madam Chairman, I America has acted to make our en- that we care, and address this issue. rise in strong support of the Beach Pro- tection Act, and I salute Chairman ergy consumption cleaner, and today b 1500 we use much more natural gas for the OBERSTAR, Chairman JOHNSON, and generation of electricity. We have in- Ms. EDDIE BERNICE JOHNSON of Congressman PALLONE for their leader- creased demand without increasing Texas. Madam Chairman, I continue to ship. supply. reserve. The intent of the Beach Protection The U.S. is the only developed nation Mr. BOOZMAN. Madam Chairman, I Act is to protect America’s beautiful that does not capture natural gas from yield 11⁄2 minutes to the gentleman coastlines from water pollution. Yet the Outer Continental Shelf. Canada from New Jersey (Mr. GARRETT). big oil drilling interests have once has done it for years. We all know what Mr. GARRETT of New Jersey. again filed an amendment that puts Cuba’s getting ready to do. Madam Chairman, I thank the gen- our beaches and America’s coastlines It’s American families and American tleman. at risk. businesses that pay this extra cost, and As we come to the floor now and the New offshore oil and gas drilling rep- it is driving American businesses over- Democrats talk about beaches, my con- resents a real hazard to the marine en- seas simply because of the cost of en- stituents in the great State of New Jer- vironment of the State of Florida, but ergy in America. sey suffer. They are suffering from un- all across the country, beaches, our Coastal States should be able to de- relenting increases in the price of gas, coastal environment, our marine re- cide if this activity takes place, and we up almost a dollar now since the Demo- sources, the billion dollar tourism in- should share in those royalties. In Vir- crats took control of this House. So as dustry in Florida should not be sac- ginia, we could use those dollars for my constituents suffer from higher rificed for a small amount of oil. transportation. food costs, all related energy costs; as It would only take 24 hours after a America expects our policies to meet my constituents suffer from higher petroleum spill in the eastern gulf for our energy needs. heating costs, all related to energy the oil to sully Florida’s panhandle Ms. EDDIE BERNICE JOHNSON of costs; as my constituents suffer from beaches. If the spill was swept up in the Texas. I continue to reserve. the higher cost of living in general, gulf’s powerful loop current, the spill Mr. BOOZMAN. Madam Chairman, I again, related to energy costs, all of would pollute the Florida Keys, con- yield to the gentlewoman from Okla- them should be asking what is it that taminate estuaries and beaches from homa (Ms. FALLIN) for 11⁄2 minutes. the Democrat Congress is doing to ad- the Everglades to Cape Canaveral. Ms. FALLIN. Madam Chairman, I dress this problem? We only have to look back to 2005 support the Beach Protection Act. Well, the short answer is nothing when we had three Category 5 hurri- However, while we are debating this really helpful. And the long answer is canes, Katrina, Rita, and Wilma, that legislation, millions of Americans are really potentially driving up the costs caused massive oil spills and pollutants wondering why, in large parts of this even higher. in the Gulf of Mexico. It destroyed 150 country, they are having to pay $3.34 a Let me give you two quick points. petroleum production platforms in the gallon for gasoline, and even 70 cents First, the Democrats have voted four gulf and damaged 457 pipelines. more for diesel fuel. They’re struggling times now, four times, to raise taxes so Drilling off of our beautiful beaches to cover their costs of their daily com- to make sure the discovering and mak- is the energy policy of the past. If mute, and they’re wondering, why is ing sure that America’s energy inde- President Bush and my colleagues on Congress debating beach protection pendence is that much harder. Sec- the other side of the aisle truly wanted when I can hardly afford to drive my ondly, they have voted now to lock up to address high oil prices, you should children to school and even to go to almost 85 percent of known specific en- have voted with the Democratic major- work? ergy resources in this country. What ity to take the huge tax breaks away American families and businesses are does that mean? What does that trans- from the big oil companies at a time being hammered by the rising fuel late to the consumer? Again, the that they are making record profits. costs, and it is clear that the inaction Democrats are making it harder for We are fighting for a new direction of this Congress will come at an ex- America to become energy independent on energy policy, renewable sources of pense to both drivers, small businesses from foreign oil. energy. We value our natural environ- and consumers. Now is the time for all Americans ev- ment, and we value the public health of The cost of our inaction was outlined erywhere across this country to ask our communities. yesterday when we had a hearing in our what is its Democrat Congress doing. Ms. EDDIE BERNICE JOHNSON of Small Business Committee about the The short answer is nothing much. The Texas. Madam Chairman, I yield the rising cost of gasoline. We heard from long answer is potentially driving up balance of my time to the chairman of five different businesses that testified the cost for fuel for all of them. Now is, the full Committee on Transportation how their businesses are being squeezed therefore, the time for all of us to come and Infrastructure, the gentleman from with the rising cost of fuel. to the floor to work together for a Minnesota (Mr. OBERSTAR). One business, in particular, was a change and to make sure that America Mr. OBERSTAR. Madam Chairman, I trucking company who said that his can, in fact, become energy inde- have sat here patiently and listened to fuel costs had tripled in the last sev- pendent. Now is the time for Demo- a litany of speakers come here and ad- eral years, and he was really struggling crats to be working not against the dress the Committee of the Whole on to make ends meet. American consumer, but for him in- subjects important to them but irrele- Small businesses operate on razor stead. vant to the subject matter at hand. thin margins and they are faced with Ms. EDDIE BERNICE JOHNSON of And one or another, maybe several of dilemmas. Do they cut costs? Do they Texas. Madam Chairman, I continue to them, said ‘‘this Democratic Beach cut their business? Do they raise their reserve. bill.’’ prices, or do they just go out of busi- Mr. BOOZMAN. Madam Chairman, I just want to remind the colleagues ness? Some of them are even having to we don’t have any additional speakers. that this is the bill of the gentleman cut the salaries of their employees. I would urge support of H.R. 2537. I ap- from California (Mr. BILBRAY), who has Well, Madam Speaker, fuel costs that preciate the hard work of the staffs on labored for several years on behalf of are on the rise are making small busi- both sides in bringing this before Con- this legislation. We finally move it nesses feel the heat, and consumers are gress today. I appreciate the leadership through committee, bring it to the feeling the heat too. Today we need to of the individuals involved and would floor, and now it’s laid on our doors to address the issue of rising fuel costs just urge that we adopt the bill. be the Democratic bill and why are we

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.061 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2198 CONGRESSIONAL RECORD — HOUSE April 10, 2008 wasting the House time. We bring it strictions on the marketplace, are the solutions The Beach Protection Act will provide much- under an open rule, and then someone to today’s energy concerns. For example the needed grants to States along the coasts for said, you should have brought it on dramatic expansion of the Renewable Fuels State and local recreational water monitoring suspension. If we had brought it on sus- Standard to require 36 billion is an artificially and notification programs. pension, they would have complained created government mandate. While I am sup- It expands the grant program and allows because they didn’t have an oppor- portive of renewable energy, we should de- States to use funding to pinpoint possible tunity to offer the eight amendments velop a policy that is technology neutral and sources of water contamination and to track that they’re bringing to the floor. I am allows the market to develop new sources of these pollutants. just perplexed by this tactic. It’s un- renewable energy. The RFS provisions create Just as important, the bill strengthens public worthy of the legislation pending. an unrealistic mandate for advanced biofuels notification laws by requiring a 24-hour notifi- And we’ve worked hard to accommo- technology that doesn’t yet exist and creates cation if water samples prove contaminated, date the gentleman from California hurdles for the development of second gen- and allows for public warnings on the possi- who has a legitimate concern. I concur eration biofuels. These restrictions will un- bility that water may be contaminated. with his concern. We bring the bill out, doubtedly lead to a consumer tax to help With more information, individuals and fami- and we do it in good faith, and we ex- bridge the gap in production. lies can make the most informed choices pect at least a good-faith response from However, there are many things we could when vacationing and visiting our public the other side. actually do here in Congress that would help beaches. Mr. GOODLATTE. Madam Chairman, while ease the prices at the pump. Many Americans I urge my colleagues to support the Beach we debate a bill about beaches today, I am don’t know that the U.S. is the world’s largest Act to protect our waters and the health of our again appalled that the majority has once energy producer. Over the past 25 years we communities. Mr. BISHOP of New York. Madam Chair- again missed an opportunity to address one of have pumped 67 billion barrels of oil, and man, on behalf of the residents of eastern the biggest problems confronting our constitu- strong reserves remain. The fact is the energy Long Island, I would like to commend Chair- ents, rising energy costs. It is reported today sources are there—in Alaska, the Rockies, woman JOHNSON and Congressman PALLONE that gasoline prices reached a new all time and offshore—but political roadblocks keep it for their leadership and unwavering dedication high of $112 a barrel. Yet, we have let another in the ground instead of in use in the econ- to clean water issues. I would also like to week here pass without doing anything to con- omy. We should also be focusing on the develop- thank the Transportation and Infrastructure front this challenge. Committee staff for their hard work and com- Not a week goes by when I am not asked ment of clean Coal-to-Liquid technologies. mitment to advancing this legislation to the full about rising energy prices. These increased This is one of the most promising advance- ments in coal research and produces liquid House today. costs affect everyone in our society. But none My district encompasses 300 miles of East- are more affected by these increased costs transportation fuels synthesized from coal. Even using conservative estimates, our coun- ern Long Island’s coastline, which includes than some of our nation’s most poor. On aver- some of this country’s most popular and beau- age, the nation’s working poor spends ap- try has enough coal to last over 200 years. Coal is one of our nation’s most abundant re- tiful beaches that I am very proud to rep- proximately 13 to 30 percent of their yearly in- resent. Maintaining coastal health is an inte- come on energy costs, and as prices rise so sources, yet the development of Coal-to-Liquid technologies has been completely ignored by gral objective not only in my district but to pre- will the amount of their income spent on en- serve our Nation’s environment and to sustain ergy. this Congress. Producing liquid transportation fuels from coal will be a major catalyst in help- the tourist economies of our States that rely A large number of factors combine to put on safe, clean beaches. Millions of beach- pressure on energy and gasoline prices, in- ing our country become energy independent. Energy costs are affecting the daily life of all going Americans and their families who will cluding peaked U.S. oil production, increased flock to our Nation’s in the summer world demand for crude oil, and U.S. refinery of our constituents. We must change the di- rection this Congress has been headed in ad- months ahead deserve pristine waterways, capacity that is inadequate to supply gasoline and we should do all we can today to pre- to a recovering national economy. These are dressing this issue. We must reject the politics that put restrictions on the marketplace and serve them for future generations of Ameri- serious problems that will not go away with keep energy in the ground instead of in our cans. time, and they require real solutions that will gas tanks. Instead, we must develop a long- To that end, the water quality monitoring restore American energy independence and term strategy that allows us to access our tra- and notification grants established in the help ease the pain of record price fill-ups. ditional energy sources, while developing al- Beaches Environmental Assessment and However, the majority in Congress has failed ternative and renewable energy sources that Coastal Health (BEACH) Act have been abso- to do anything that would address any of seek to increase energy supplies and encour- lutely vital to protecting the health of these factors contributing to high prices. age cleaner, more efficient energy use. beachgoers and preserving the quality of our When many are citing U.S. production num- Mr. GENE GEEEN of Texas. Madam Chair- shores. However, it has become clear that fur- bers and refinery capacity as a reason for in- man, I rise in strong support of H.R. 2537, the ther development of the BEACH Act is needed creased gas prices, the Majority has proposed Beach Protection Act of 2008. after recent reports marked progress but additional taxes on these domestic energy Texas is home to over 600 miles of spectac- raised questions about its implementation. suppliers. We have voted on several bills that ular beaches along the warm waters of the Therefore, I commend Mr. PALLONE, the au- would impose up to $15 billion in tax in- Gulf of Mexico. thor of the original BEACH Act, for building on creases on domestic energy suppliers. These This ‘‘Third Coast’’ includes some of the the program’s success by updating the law taxes will impede domestic oil and gas pro- most beautiful and calming beaches in the Na- and advancing improvements in this bill to duction, discourage investment in refinery ca- tion and is a huge contributor to our State meet the challenges involved with carrying out pacity, and make it more expensive for do- economy. the program and to continue funding its grant mestic energy companies to operate in Amer- Whether it’s Galveston Island, Corpus Chris- programs. ica than their foreign competitors, actually in- ti, Port Aransas, or South Padre Island, mil- Accordingly, this bipartisan legislation reau- creasing America’s dependence on foreign oil. lions of Texans and tourists visit and swim in thorizes grants to states through 2012, but in- Let’s make no mistake, an increased tax our waters, making it vital that we monitor creases grant authorizations to $40 million an- doesn’t just hurt energy companies, it hurts these beaches to protect the health and safety nually; expands the scope of BEACH Act every American—individual, farm, or com- of American families. grants from water quality monitoring and notifi- pany—that consumes energy. Increased taxes Just last July, a man who had an ulcer in cation to include pollution source tracking ef- on energy companies are passed on to con- his lower leg went swimming off the coast of forts; and strengthens environmental stand- sumers. Every American will see these in- Galveston County. Three days later he fell ill ards for water quality testing and communica- creased costs on their energy bill. This body and was rushed to the hospital where he had tion. In addition, this bill requires that beach shouldn’t pass legislation that further raises three surgeries to save him from a rare bac- water quality violations are disclosed not only energy prices for consumers. I have voted terial infection. The bacteria entered his ulcer to the public but to all relevant state agencies against these attempts to raise taxes, and through the water and the infection spread to with beach water pollution authority. luckily none of these bills have become law. his blood. Furthermore, this bill requires the EPA to Unfortunately, too often in the 110th Con- While this is a rare case, Madam Chairman, conduct annual reviews to make sure state gress, the majority’s solution has been to it highlights the need to quickly detect water and local governments that receive funding in place restrictions on the marketplace. Policies contamination and warn the public of possible the BEACH Act comply with its process re- that increase supply, not those that place re- health related threats. quirements. Under this bill, grantees have one

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K10AP7.064 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2199 year to comply with the new environmental ing ‘‘and all environmental agencies of the State number and cause of closures and advisory standards. Otherwise, they will be required to with authority to prevent or treat sources of pol- days; pay at least a 50 percent match for their grant lution in coastal recreation waters’’ after ‘‘pub- ‘‘(10) measures for the immediate posting of lic’’. signs at beaches or similar points of access that until they come back into compliance, in place are sufficient to give public notice following the of current law which allows the government to SEC. 5. USE OF RAPID TESTING METHODS. (a) CONTENTS OF STATE AND LOCAL GOVERN- results of any water quality sample that dem- require a non-federal share of up to 50 per- MENT PROGRAMS.—Section 406(c)(4)(A) of the onstrates an exceeding of applicable water qual- cent. Federal Water Pollution Control Act (33 U.S.C. ity standards for pathogens and pathogen indi- For six years, the BEACH Act has given 1346(c)(4)(A)) is amended by inserting ‘‘, includ- cators for the coastal recreation waters adjacent beachgoers the peace of mind that the beach- ing rapid testing methods,’’ after ‘‘methods’’. to such beaches or similar points of access; and es they visit are clean. Our legislation begins (b) REVISED CRITERIA.—Section 304(a)(9) of ‘‘(11) measures to ensure that closures or the process of strengthening this important law such Act (33 U.S.C. 1314(a)(9)) is amended by in- advisories are made or issued within 24 hours and reassures the American public that pre- serting ‘‘and rapid testing methods’’ after after the State government determines that any coastal recreation waters in the State are not serving healthy shores is a priority of our envi- ‘‘methods’’. (c) CRITERIA FOR USE OF RAPID TESTING meeting applicable water quality standards for ronmental agenda. METHODS.—Not later than 270 days after the pathogens and pathogen indicators.’’. One in ten tourists is destined for the beach date of enactment of this Act, and after pro- SEC. 8. COMPLIANCE REVIEW. this summer—providing our travel and vaca- viding notice and an opportunity for public Section 406(h) of the Federal Water Pollution tion industries with customers and business. I comment, the Administrator of the Environ- Control Act (33 U.S.C. 1346(h)) is amended— hope my colleagues agree that the BEACH mental Protection Agency shall publish criteria (1) by redesignating paragraphs (1) and (2) as Act is an excellent example of an effective for the use of rapid testing methods, at coastal subparagraphs (A) and (B), respectively; government program that benefits commu- recreation waters adjacent to beaches or similar (2) by moving such subparagraphs 2 ems to nities in every region of the country and has points of access that are used by the public, that the right; (3) by striking ‘‘In the’’ and inserting the fol- yielded tremendous progress in restoring will enhance the protection of public health and safety through rapid public notification of any lowing: healthy shores. exceeding of applicable water quality standards. ‘‘(1) IN GENERAL.—In the’’; and Madam Chairman, with the leadership and In developing such criteria, the Administrator (4) by adding at the end the following: support of this body, we can ensure that shall prioritize the use of rapid testing methods ‘‘(2) COMPLIANCE REVIEW.—On or before July beach visitors throughout the country are as- at those beaches or similar points of access that 31 of each calendar year beginning after the sured that local governments have all the re- have the highest use by the public. date of enactment of this paragraph, the Admin- sources they need to monitor recreational wa- (d) DEFINITION.—Section 502 of such Act (33 istrator shall— ters and alert the public of potential health U.S.C. 1362) is amended by adding at the end ‘‘(A) prepare a written assessment of compli- ance with all statutory and regulatory require- hazards. the following: ‘‘(25) RAPID TESTING METHOD.—The term ments of this section for each State and local The CHAIRMAN. All time for general ‘rapid testing method’ means a method of testing government and of compliance with conditions debate has expired. the water quality of coastal recreation waters of each grant made under this section to a State Pursuant to the rule, the amendment for which results are available as soon as prac- or local government; in the nature of a substitute printed in ticable and not more than 6 hours after a water ‘‘(B) notify the State or local government of the bill is considered as an original bill quality sample is received by the testing facil- such assessment; and for the purpose of amendment and is ity.’’. ‘‘(C) make each of the assessments available considered read. SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND to the public in a searchable database on or be- The text of the committee amend- LOCAL AGENCIES. fore December 31 of such calendar year. ment is as follows: Section 406(c)(5) of the Federal Water Pollu- ‘‘(3) CORRECTIVE ACTION.—Any State or local tion Control Act (33 U.S.C. 1346(c)(5)) is amend- government that the Administrator notifies H.R. 2537 ed— under paragraph (2) that it is not in compliance Be it enacted by the Senate and House of Rep- (1) by striking ‘‘prompt communication’’ and with any requirement or grant condition de- resentatives of the United States of America in inserting ‘‘communication, within 24 hours of scribed in paragraph (2) shall take such action Congress assembled, the receipt of the results of a water quality sam- as may be necessary to comply with such re- SECTION 1. SHORT TITLE. ple,’’; quirement or condition within one year of the This Act may be cited as the ‘‘Beach Protec- (2) in subparagraph (A)— date of the notification. If the State or local tion Act of 2007’’. (A) by inserting ‘‘(i) in the case of any State government is not in compliance with such re- SEC. 2. WATER POLLUTION SOURCE IDENTIFICA- in which the Administrator is administering the quirement or condition within one year of such TION. program under section 402,’’ before ‘‘the Admin- date, any grants made under subsection (b) to (a) SOURCE TRACKING.—Section 406(b) of the istrator’’ the first place it appears; and the State or local government, after the last day Federal Water Pollution Control Act (33 U.S.C. (B) by inserting at the end the following: of such one-year period and while the State or 1346) is amended— ‘‘(ii) in the case of any State other than a local government is not in compliance with all (1) by redesignating paragraphs (3) and (4) as State to which clause (i) applies, all agencies of requirements and grant conditions described in paragraphs (4) and (5), respectively; and the State government with authority to require paragraph (2), shall have a Federal share of not (2) by inserting after paragraph (2) the fol- the prevention or treatment of the sources of to exceed 50 percent. lowing: coastal recreation water pollution; and’’; ‘‘(4) GAO REVIEW.—Not later than December ‘‘(3) SOURCE IDENTIFICATION PROGRAMS.—In (3) by redesignating paragraphs (6) and (7) as 31 of the third calendar year beginning after the carrying out a monitoring and notification pro- paragraphs (7) and (8), respectively; and date of enactment of this paragraph, the Comp- gram, a State or local government may develop (4) by inserting after paragraph (5) the fol- troller General shall conduct a review of the ac- and implement a coastal recreation waters pol- lowing: tivities of the Administrator under paragraphs lution source identification and tracking pro- ‘‘(6) measures for an annual report to the Ad- (2) and (3) during the first and second calendar gram for coastal recreation waters adjacent to ministrator, in such form as the Administrator years beginning after such date of enactment beaches or similar points of access that are used determines appropriate, on the occurrence, na- and submit to Congress a report on the results by the public and are not meeting applicable ture, location, pollutants involved, and extent of of such review.’’. water quality standards for pathogens and any exceeding of applicable water quality SEC. 9. STUDY OF GRANT DISTRIBUTION FOR- pathogen indicators.’’. standards for pathogens and pathogen indica- MULA. (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- tors;’’. (a) STUDY.—Not later than 30 days after the tion 406(i) of such Act (33 U.S.C. 1346(i)) is SEC. 7. CONTENT OF STATE AND LOCAL PRO- date of enactment of this Act, the Administrator amended by striking ‘‘$30,000,000 for each of fis- GRAMS. of the Environmental Protection Agency shall cal years 2001 through 2005’’ and inserting Section 406(c) of the Federal Water Pollution commence a study of the formula for the dis- ‘‘$40,000,000 for each of fiscal years 2008 through Control Act (33 U.S.C. 1346(c)) is amended— tribution of grants under section 406 of the Fed- 2012’’. (1) by striking ‘‘and’’ at the end of paragraph eral Water Pollution Control Act (33 U.S.C. SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL (7) (as redesignated by section 6(3) of this Act); 1346) for the purpose of identifying potential re- ASSESSMENT AND COASTAL HEALTH (2) by striking the period at the end of para- visions of such formula. ACT. graph (8) (as redesignated by section 6(3) of this (b) CONTENTS.—In conducting the study, the Section 8 of the Beaches Environmental As- Act) and inserting a semicolon; and Administrator shall consider the base cost to sessment and Coastal Health Act of 2000 (114 (3) by adding at the end the following: States of developing and maintaining water Stat. 877) is amended by striking ‘‘2005’’ and in- ‘‘(9) a publicly accessible and searchable glob- quality monitoring and notification programs, serting ‘‘2012’’. al information system database with informa- the States’ varied beach monitoring and notifi- SEC. 4. STATE REPORTS. tion updated within 24 hours of its availability, cation needs, including beach mileage, beach Section 406(b)(4)(A)(ii) of the Federal Water organized by beach or similar point of access usage, and length of beach season, and other Pollution Control Act (as redesignated by sec- and with defined standards, sampling plans, factors that the Administrator determines to be tion (2)(a)(1) of this Act) is amended by insert- monitoring protocols, sampling results, and appropriate.

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A10AP7.031 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2200 CONGRESSIONAL RECORD — HOUSE April 10, 2008 (c) CONSULTATION.—In conducting the study, The chairman knows full good and cially structure our Nation through the Administrator shall consult with appro- well, being the chairman of the Trans- fear. priate Federal, State, and local agencies. portation Committee, our economy is We have the fossil fuel. It is here. It (d) REPORT.—Not later than 12 months after based upon the ability to move product should be developed. We should give the date of enactment of this Act, the Adminis- the opportunity instead of restricting trator shall submit to the Committee on Trans- to and fro within this Nation. portation and Infrastructure of the House of The ship it brings us is driven by fos- it, and that’s what we’ve done in this Representatives and the Committee on Environ- sil fuels. The truck, the plane, the Congress. In my state alone we have ment and Public Works of the Senate a report automobile, the train is driven by fos- ANWR. It’s passed this House 12 times. on the results of the study, including any rec- sil fuels. And if we continue to become It passed the Senate once and Bill Clin- ommendation for revision of the distribution for- more dependent, which we apparently ton vetoed it. It’s got about 36 billion mula referred to in subsection (a). are going to do under the leadership of barrels of oil available 74 miles away SEC. 10. PUBLICATION OF COASTAL RECREATION this Congress, we’ll be in the point from an existing pipeline. And this WATERS PATHOGEN LIST. where we cannot move our product, Congress will not step forth and ad- Section 304(a)(9) of the Federal Water Pollu- ship them abroad which we produce, dress that issue alone because they say tion Control Act (33 U.S.C. 1314(a)(9)) is amend- it’s going to hurt the environment, 74 ed by adding at the end the following: nor receive them. Seventy percent, ‘‘(C) PUBLICATION OF PATHOGEN AND PATHO- again from foreign countries. miles away from the existing pipeline. GEN INDICATOR LIST.—Upon publication of the And yet we have a tremendous Madam Chairman, I suggest respect- new or revised water quality criteria under sub- amount of fossil fuels, the United fully let’s get off our duffs, and let’s do paragraph (A), the Administrator shall publish States of America, that’s not being de- the job we should for this nation. in the Federal Register a list of all pathogens veloped. It should be developed. Off- Mr. PRICE of Georgia. Madam Chair- and pathogen indicators studied under section . Chukchi Sea, there’s more oil in man, I move to strike the last word. 104(v).’’. Alaska than there is in the Gulf of The CHAIRMAN. The gentleman is The CHAIRMAN. No amendment to Mexico at a relatively shallow depth. recognized for 5 minutes. Mr. PRICE of Georgia. I appreciate the committee amendment is in order The coasts of California, the coast of that, and I appreciate the opportunity except those printed in the portion of Florida, the Rocky Mountains, the to come to the floor today to talk the CONGRESSIONAL RECORD designated coasts of Virginia, North Carolina, and for that purpose before the beginning about an issue that is of vital concern South Carolina has a tremendous and importance to the American peo- of consideration of the bill and pro amount of oil in the realm of about, I forma amendments for the purpose of ple. It may not have been what the ma- would suggest, 500 billion barrels of oil. jority party wanted to talk about debate. Each amendment so printed That’s available to the American today, but it’s what the American peo- may be offered only by the Member public. But we have a leadership now in ple want to talk about and that’s en- who caused it to be printed or his des- this Congress that believes that the ignee and shall be considered read. ergy. world is coming to an end, led by Al I don’t know if anybody had an op- Are there any amendments? Gore, that the world is coming to an Mr. YOUNG of Alaska. Madam Chair- portunity to walk outside the United end if we burn fossil fuels. States Capitol today, but you heard man, I move to strike the last word. I suggest respectfully, Mr. and Mrs. trucks with their horns blaring outside The CHAIRMAN. The gentleman is America, if we do not lower that price the Capitol, and they were doing so be- recognized for 5 minutes. to the small business community and cause they were objecting to the lead- Mr. YOUNG of Alaska. Madam Chair- to the person who has to commute to ership in this Congress and the lack of man, I deeply appreciate the recogni- their work site, we are in a dire shape action on energy prices and gas prices. tion, and I do appreciate the chairman in this Nation as a whole. We have to That noise resonates across this land, of the full committee and the sub- address this issue. Madam Chairman. Resonates across committee chairman, Mr. BOOZMAN, for I ask my colleagues, please quit buy- the land. the legislation we are discussing today; ing this concept that we are going to I had a group of high school students but I cannot sit idly by and listen to do it with windmills and with sun in my office today, and they wanted to the people talk about the high cost of power. Yes, we could use those things. know what we were doing about en- energy when there has been little ac- Yes, we ought to use nuclear, and yes, ergy. They’d heard that this Congress tion in this Congress, and I will say we ought to use hydro. The wheel of had passed the Energy Efficiency Act. ‘‘this Congress,’’ the past Congresses energy should be developed, and this They wanted to know about the par- and this present Congress about solv- Congress has not done it. Has not done ticulars of that act. And so we re- ing the high cost of energy to the it. We have this idea we are going to viewed the particulars of that act, and American consumer, the $4 a gallon solve the problem. Look at the energy I said, how much more gas do you that they’re going to have to pay. bill we passed this year through this think will get to the pumps in commu- The last time we passed any energy leadership. It produced nothing. Pe- nities across this Nation if we increase legislation on this floor was 1973. We riod. Nothing. That’s why the con- the taxes on American oil companies? passed the Trans-Alaska Pipeline. sumer today, in America, is going to Well, these are bright high school kids. That’s the last time. At that time, we that gas pump, and by the way, it’s a They said, well, not much more. And were importing 38 percent of our fossil tax to him. Every man, woman, and they’re absolutely right, Madam Chair- fuels. Today, we are importing 70 per- child is paying $2,000 a year to Saudi man, because the Energy Efficiency cent of our fossil fuels. Mr. and Mrs. Arabia and countries such as because Act that this Congress passed in this America, keep in mind 50 percent of we sit idly on our hands doing nothing. session, in this term, will produce no that fossil fuels is coming from coun- Madam Chairman, I suggest respect- energy. No new energy. tries that are not friendly to the fully this Congress has to wake up. I Mr. NUNES. Madam Chairman, will United States of America. We are send- listen to the political rhetoric of all of the gentleman yield? ing them over about $500 billion a year the presidential candidates, and no- Mr. PRICE of Georgia. I’m pleased to because this Congress, this Congress, body is addressing the energy issue yield to the gentleman from California. has not acted to try to relieve the de- other than the fact that we can’t burn Mr. NUNES. I was listening to your pendency on fossil fuel from abroad. fossil fuels because we are losing the conversation on the floor. I want to re- Now some people will say, and I lis- icecap and the polar bears are in dan- iterate what’s going on outside. You tened to the young lady, we are going ger. made the point, but there are trucks to take up alternate forms of energy, Think about this for a moment. driving through this Capitol right now and I’ll buy that. I’ll put the little Think about the American public and trying to drive around to raise aware- curlicue lightbulbs in. I’ll do that. I’ll the need for economy-based, fossil fuel ness to the people of the United States save and turn down the thermostat. I’ll driven because it moves an object. We that the gas price is too high. And do that. I’ll, in fact, drive my auto- must address this. I’m asking my col- meanwhile today, we are debating a mobile slower. Most people do not. But leagues to understand that. Quit pan- bill on beaches on the floor of the that doesn’t solve the problem of the dering. Quit pandering to the interest House while gas prices are soaring to $4 energy we need to move product. groups that really are trying to so- plus a gallon.

VerDate Aug 31 2005 00:40 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.010 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2201 b 1515 ican people. The paramount issue The Democrats are in control, they’re And so I thank the gentleman from today is energy and gasoline prices, in the majority. We need answers. My Georgia for bringing this up and for and we must, as a Congress, address constituents need answers. They need yielding to me because this is some- that issue in a positive way. their fuel price lowered. They need thing that we should be debating on ANNOUNCEMENT BY THE CHAIRMAN their electricity cost lowered. The only the House floor. We should be talking The CHAIRMAN. Members are re- way we can do this is by building nu- about energy, not talking about how minded to address their remarks to the clear power plants, investing in wind we’re going to save the beaches. Chair. and solar power, and drilling for oil in Mr. PRICE of Georgia. Reclaiming Mr. NUNES. Madam Chairman, I America. my time, I appreciate your comments. move to strike the last word. And I would hope, as the gentleman And if you think about what has The CHAIRMAN. The gentleman from Alaska has stated over and over changed in the last 15 months in terms from California is recognized for 5 min- again, the last time we’ve gotten seri- of leadership here in Washington, it’s utes. ous about drilling for oil in Alaska was not the other end of Pennsylvania Ave- Mr. NUNES. I want to thank the gen- 1973. 1973. And here we are, 35 years nue. The only thing that’s changed tleman from Georgia for bringing this later, with no more oil production. during the period of time when crude issue up. And I know that the bill here Now we used to have at least half of oil has gone from $56 a barrel to $112 a today is this beaches bill, but the con- our oil came from the United States, barrel, the only thing that’s changed in cern that I have is that we’re not ad- now we’re less than 30 percent of our terms of the leadership in Washington dressing the needs of the American oil that comes from the United States. is the leadership in Congress. That’s people. And we send money to Venezuela, we When the Democrats took the major- the only thing that’s changed. There send money to , and the ity, we were told that we were going to must be a cause and effect here some- other side of the aisle complains about go back to 5-day workweeks. Last where, Madam Chairman, because gas it. But their only answer is that we week, we were in 3 days; we did two prices are increasing, and the leader- need to repeal the tax cuts to the oil votes each day. This week, we’ve only ship has been woeful in not attempting companies. So in their last energy bill, done a couple votes each day. And here to deal with this issue. what did we repeal? We picked the we are doing a bill that now I’m being And so I would ask my colleagues to American companies. We repealed the told we’re not even going to finish the bring to the floor issues that are of tax breaks on the American companies bill today, a bill regarding beaches, paramount importance to the Amer- while we have truckers going around and we gave tax breaks to the Ven- ican people. The issue that’s of para- the Capitol honking their horns, trying ezuela oil companies. mount importance in my district is en- So I don’t know what we’re going to to get the attention of the United ergy and gas prices. And this Congress do in this Democrat majority to solve States Congress, to get the attention of is doing nothing about it, in spite of the country’s problems. President Bush the Democrat majority to do some- the proclamations and promises made thing about lowering their fuel price. has said that he will sign a bill to drill during the previous election. And the answers that we’ve received for oil in America. He will sign any bill So, Madam Chairman, there are won- from the other side of the aisle are al- that promotes nuclear power. These derful solutions out there, there are ways the same answers: We need to re- are the answers that the American peo- positive solutions. Conservation: We peal the tax breaks to the oil compa- ple need and they should demand from can do a whole lot more to incentivize nies. Well, if we want to repeal the tax this Congress to have those answers. individuals to conserve. Utilizing breaks to the oil companies, that’s not And I would hope, Madam Chairman, American resources for Americans, going to lower the fuel price. As the that this Democrat majority listens to there’s a novel thought, Madam Chair- gentleman from Alaska stated and the the truckers that are outside right now man. There are incredible resources gentleman from Georgia stated pre- honking their horn trying to get this that we have. And we’ve got the tech- viously, the way that you lower the Congress’ attention. And I am happy nology and the American ingenuity to fuel price and the way that you stop that at least on our side of the aisle, do it in an environmentally sensitive buying fuel from foreign countries is the Republican side of the aisle, we are way, and we ought to. We ought to. you have to drill in America. We have taking this opportunity, during a bill This leadership ought to allow that to drill for oil in America. that we’re talking about beaches here, kind of issue to come to the floor. I’m a big supporter of solar energy but we’re trying to bring to the Amer- And finally, alternative fuel. It’s im- and wind energy, they’re great renew- ican people, to bring to the attention perative that we have the kind of re- able fields, but we get less than 1 per- of this Congress that we need to lower search and development and cent of our energy from these sources. the fuel price, and we need to do it incentivizing alternative fuel forma- So if we want to talk about renewable today. tion in this Nation in ways that we’ve sources of energy, we’re going to have So with that, Madam Chairman, I never done before, not pick winners to look seriously at nuclear power. will yield back the balance of my time. and losers, which is what Washington We’re going to have to look at using Mr. WESTMORELAND. Madam tends to want to do, but to incentivize the oil that we have in this country if Chairman, I move to strike the last a system that would provide for won- we don’t want to buy oil from foreign word. derful, entrepreneurial, visionary, en- countries. These are the types of things The CHAIRMAN. The gentleman thusiastic individuals all across this that we’re going to have to do in this from Georgia is recognized for 5 min- Nation who have the intelligence and Congress. But unfortunately, we’ve utes. the foresight and the desire to help made this commitment, supposedly, to Mr. WESTMORELAND. Madam America prevail in our energy inde- the American people that we’re going Chairman, you know, it’s interesting pendence. to work 5 days a week, but instead we that we came here to talk about a So, Madam Chairman, I come to the only work a few hours a day and end up beach bill, and we’re finally getting a floor today with a level of frustration working 3 days a week. Today we have chance to talk about some energy be- by the inability of this leadership, ap- to get out of here by 4, I’m told, be- cause most American families are not parently, to address the concerns of the cause the Democrats don’t want to going to have the money to drive to American people, to address the con- stay in so that they can get on an air- the beach this year. cerns of those high school students plane and fly home. We’re not even We look at the price of gasoline right that were in my office this morning, to going to finish a bill on beaches. And now. And I earlier quoted some of the address the concerns of those truckers, meanwhile, the American people are quotes from the Democratic leadership who continue out there outside the outside this Congress driving their about how they were going to get a Capitol blaring their horns and saying, trucks, honking their horn, asking for grip and get ahold of the gas prices and wake up. Wake up, Madam Speaker, the attention of this Congress, and this bring them down. Well, since they’ve wake up leadership in this Congress, Congress is not paying attention. been in the majority, they have actu- wake up and address the issues that are We’ve got to do something to lower ally gone up $1 per gallon, oil has gone of paramount importance to the Amer- these fuel prices, Madam Chairman. up about 100 percent. And what are we

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.068 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2202 CONGRESSIONAL RECORD — HOUSE April 10, 2008 telling our people at home? I’ve got to look at our own future, our own lands, to push the production or creation of go back and explain to the people of our own prospects of what we’re doing. fuel out of our country to foreign coun- the Third District of Georgia that this And as the gentleman from Alaska tries. That makes us reliant on foreign week, rather than addressing the price said, regardless of what you think countries. In fact, about 60 some per- of gas and our energy situation, that about fossil fuels, we’re going to be cent, about 63 percent, of our oil needs we did some beach restoration, which using it. And so we need to provide for are imported. We use about 20 million is a very worthy bill; we did some land- ourselves. barrels per day to meet our energy scape conservation; we named some And I think it’s a shame that each needs, and 14 million barrels per day post offices; and we did some several and every one of us, and I know we’re are imported. So as other countries other suspensions. But I’ve got to go going to be through by 4 o’clock be- compete with us for that oil on the back and tell them that, when they’re cause, you know, we do need to get world market, prices increase. At the standing there at the gas pump almost home, but we’re not doing our job. well head, just yesterday closing out pumping $4 a gallon into their car, that We’re not doing the business of the the markets, sweet crude jumped $2.30, they need to realize something, they people when we constantly go home hitting a new record of $112.21, closing need to realize what the majority plan and people ask us, help us, help me, at the closing record of $110.87 per bar- for our future price of motor fuel is. help me be able to put gas in my car to rel. The chairman, who I have a great take my children to soccer practice, or Now, we can ask what the solution deal of respect for, on the Transpor- go to school, or go to the beach. will be. Do we just simply raise taxes tation Committee, Mr. OBERSTAR, So I’m going to go back and I’m on oil production, or do we say that it’s who’s been here a long time and is very going to say, I’ll tell you what, we gave part of our plan to make sure that we wise, but he projected or at least pro- you some help. We’re going to raise the can become energy independent and se- posed a 5 cents a gallon hike for our in- price of gas and oil and we’re buying cure this Nation’s future? And I think frastructure and $1 per barrel on oil. bicycles. the long-term answer can be the type The Energy and Commerce chairman is Mr. TERRY. Madam Chairman, I of issues that we’re dealing with, with talking about a carbon tax. He’s also move to strike the last word. alternative and biofuels like cellulosic talking about a 50 cent per gallon tax The CHAIRMAN. The gentleman ethanol, like hydrogen, but let’s admit on fuel. from Nebraska is recognized for 5 min- that those are a generation away if we We’re talking about taking away utes. make the commitment today. So what these tax breaks from Big Oil. You Mr. TERRY. Madam Chairman, I, we need to do in the meantime is either know, we can take away tax breaks too, rise, sticking up for American be honest with the American citizens from anybody, but I’m telling you, if families that are struggling with the and say that our policy is to limit sup- you take a tax break away from a com- high prices of many products right ply in a competitive global market, pany that is manufacturing products in now, most of which I hear from my therefore, get used to $4 and then $5 per this country, they’re not going to just constituents in Nebraska is about the gallon of gas, or we allow the drilling absorb that loss, they’re going to go up price of gasoline at the pump. I hear to take place where we can produce on the price of their product. So we’re about the groceries as well. And of more of our own resources of oil. And talking about maybe 55, 60 cents more course then when I see a bill like this, we can do that. a gallon. the bill that we have up now about I asked the question the other day, So I’ve got to go back and tell my making sure that our beaches are clean how much oil and natural gas do we constituents, look, here’s their plan: and we have plans for that, unfortu- have access to within 75 miles of our Their plan is to go up another 55 cents nately under the leadership of the coastline? The answer is ‘‘I don’t or so a gallon on your gas, another dol- House and Senate currently now, my know’’ because we have been blocked lar on a barrel of oil, take away any first thought isn’t well, that’s abso- from being able to explore that. We tax breaks that the big oil companies lutely right, we need to keep our can’t measure that. That’s wrong. have that hopefully they’re passing on beaches clean. My first thought is, is AMENDMENT NO. 8 OFFERED BY MR. FLAKE to you, and your Congress just spent this another environmental tool to Mr. FLAKE. Madam Chairman, I $30,000 to buy 30 bicycles. So they’ve make sure that we can’t get to drilling have an amendment at the desk. got a great plan. in places where we need to get? The CHAIRMAN. The Clerk will des- And I guess this is the great plan Now, the frequently asked question ignate the amendment. that we’ve heard about in so many of about gasoline prices is, what are you The text of the amendment is as fol- these quotes about how they were going to do about it? Well, we have a lows: going to fix the price of gas. We’ve couple of options that I think could al- Amendment No. 8 offered by Mr. FLAKE: bought 30 bicycles at a cost of $30,000; leviate some of the pressure. One is, we Page 3, after line 8, insert the following: we’re going to increase the price of gas can take the 1970s actions done by the (c) PROHIBITION ON EARMARKS.—None of the 55 cents; we’re going to take away the Nixon administration to simply set the funds appropriated pursuant to section 406(i) tax breaks for Big Oil so they can go price. We will set the price. We will of such Act (33 U.S.C. 1346(i)) may be used for up, increase the price on a barrel of oil. freeze them; $3.30 at my home, we can a Congressional earmark as defined in clause We’re not going to do any domestic freeze that. Well, what did that do? 9(d) of rule XXI of the Rules of the House of Representatives. drilling. We’re going to depend on Created about a half mile line for gas. changing light bulbs. We’re going to And then maybe if you pulled up to the The CHAIRMAN. The gentleman depend on solar power. We’re going to pump, you might see that little white from Arizona is recognized for 5 min- depend on windmills. piece of paper that said ‘‘out of gas.’’ utes. Now, Madam Chairman, I just don’t We can go back to that. But the gas Mr. FLAKE. Madam Chairman, the know how much comfort that’s going prices would be stable. But running out focus of the Beach Act is to ensure that to give the people of the Third Congres- of gas begs the question, the question citizens enjoy recreational activity in sional District of Georgia. In fact, I is, what’s causing this? the coastal waters and that they can do don’t know that if I tell them that, that safely. That should be the focus of that they’re even going to believe that, b 1530 the bill, and that’s where I think we that this body, this House, that is their Now, obviously it’s just simple high should keep the focus of the bill. answer to them paying $4 a gallon for school economic supply and demand, The purpose of this amendment is to gas. It’s just going to be hard for me to folks. What we have is that oil that we make sure that the purpose of the bill sell it. But if they will pay attention to have access to within the United is not to protect vulnerable Members, what’s going on up here, then I think States, whether it’s ANWR or off the vulnerable incumbents. And, unfortu- they’ll be convinced that these are the Continental Shelf or shale in Colorado nately, that’s been the case with a lot only things that the majority has or other pockets that have been made of legislation that we have passed in brought forth. into public lands and thereby the past. It just simply becomes a mag- We need to concentrate on being less unaccessible, what we’ve done is adopt net for earmarks, for Member ear- dependent on foreign oil. We need to a policy in this country that we want marks, to protect vulnerable Members

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.070 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2203 or to reward Members or to go towards bureaucrats in some department. Well, son, and other factors that the admin- Members in leadership or in high posi- if that is the case, then we should have istrator of the agency determines to be tions on particular committees. parameters. We should provide over- appropriate. That is fair, and I think The Beach Act authorizes a formula- sight. That’s what this body is sup- Members of this body and of the other based grant program to help implement posed to do. There is a process called body recognize that it’s fair; so they State and local beach monitoring, as- authorization, appropriation, and over- haven’t attempted to tinker with it, sessment, notification programs. What sight. And that’s the process we need and we shouldn’t do that in this bill. we don’t want to see is money bled off to follow, not circumventing that proc- This is a good piece of legislation, a from these formula-based programs to ess by earmarking. fair piece of legislation. Member projects. Unfortunately, that That’s the purpose of this amend- Look, we bring this bill to the House has happened. And if we don’t think ment. I hope that we can all agree that floor under an open rule. It’s one advo- that it will happen with this bill, then this is needed to ensure that this pro- cated by a Member from the other side, we have our heads in the sand. gram is not earmarked in the future. a Member for whom I have the highest The purpose of this amendment is With that, Madam Chairman, I yield personal regard, and then we have a simply to say that none of the moneys back the balance of my time. succession of Members standing here authorized in this legislation will go Mr. OBERSTAR. Madam Chairman, I complaining that we bring a bill to the toward earmarks, that all of the money rise in opposition to the amendment. floor under an open rule that should as it is now will go toward formula- The CHAIRMAN. The gentleman have been brought under suspension. If based funding. from Minnesota is recognized for 5 min- we had brought it under suspension, I Now, some might say that the Beach utes. suspect the same people would come to Act has not been historically ear- Mr. OBERSTAR. In the 109th Con- the floor, Madam Chairman, and com- marked. That is true. That’s how it gress, we considered the reauthoriza- plain that we didn’t have an open rule. should remain. The problem is some of tion of the Appalachian Regional Com- So we’re trying to the do the right the legislation that has not been his- mission. During consideration of the thing on the right piece of legislation, torically earmarked is now earmarked. bill in committee, I proposed language and we ought not to gimmick it with In fact, when we passed the Homeland to prohibit earmarks, which have been this proposal that is totally unneces- Security bill, which we celebrated done time and again in the appropria- sary for a limitation on earmarks. We today 5 years after, we were told this tion process, prohibit earmarks in the ought not to adopt this amendment. will not be earmarked. This will be for- Appalachian Regional Commission ap- Mr. WESTMORELAND. Madam mula-based grants, it will be spread propriation process. The gentleman Chairman, I move to strike the last out, but it will not be earmarked. And from Arizona supported my initiative, word. for 4 years that remained true. and I appreciated his support. It was The CHAIRMAN. The gentleman But last year the legislation to fund the right thing to do. from Georgia is recognized for 5 min- the Department of Homeland Security Unfortunately, the committee did utes. had a boatload of earmarks in it. Ac- not include that language. When the Mr. WESTMORELAND. Madam cording to Taxpayers For Common bill came to the floor, I worked to de- Chairman, I want to thank the chair- Sense, the 2008 omnibus bill contained feat the bill because it did not have man for bringing that up because I 128 earmarks worth more than $400 mil- that prohibition on earmarks, and the think every bill needs to be brought to lion in Homeland Security funding. Ac- gentleman from Arizona supported my the floor like this, an open rule, so we cording to a story by the Hill, 115 new initiative. can have debate. This is a breath of earmarks worth $117 million were air- In the BEACH bill, or the Beach En- fresh air to have an open rule. I can’t dropped at the last moment. These vironmental Assessment and Coastal remember the last time we had one. So were earmarks that we said we weren’t Health Act, proposed by the gentleman going to do anyway in a bill that we this is a great thing that we have this. from California, with whom I worked said we were not going to earmark. This is our republican action in letting on this matter for a period of 6 or 7 These were, obviously, to assist vulner- people, our constituents, hear our dif- years, both in his previous seating in able Members. ferent views on these bills rather than Many were earmarks in the funding Congress and during the time he was just having it jammed down our for FEMA’s Predisaster Mitigation out of service in the Congress and when throats. So I agree with the chairman Program. This was a program intended he returned, it’s a good bill. The initial on this, and I hope more of these can be to ‘‘save lives and reduce property BEACH Act authorized $30 million. brought under an open rule. damage’’ by providing funds for ‘‘haz- About $10 million has been appro- Madam Chairman, I would like to ard mitigation planning, acquisition, priated each year. And the money goes yield to my good friend from Arizona and relocation of structures out of the out by formula to the States. There (Mr. FLAKE). floodplain.’’ In 2007 this program re- have never been earmarks. In the Ap- Mr. FLAKE. I thank the gentleman ceived $101 million to fund competi- propriations Committee nor on the from Georgia for yielding. tively awarded projects with no ear- House floor have there ever been at- And I want to thank the gentleman marks. According to Taxpayers for tempts to suballocate the funds. Each from Minnesota, Madam Chairman. I Common Sense, in 2008 this program State receives a portion of annual ap- could not agree more with virtually ev- received a boost in funding to $114 mil- propriations based on a calculation of erything he has said. This is an impor- lion, but nearly half of the amount, each State’s varied beach monitoring tant bill. It was brought here, and it $51.3 million, was tied to 96 earmarked and notification efforts. has not been historically earmarked. projects, including earmarks for Now, we know very well that $10 mil- That is great. We need to keep it that projects that should not have qualified lion is insufficient, and because money way. We need to keep, as he so aptly for funding under the program. is insufficient for a bill, that’s often put it, Members from meddling in this. So we could have earmarks in this why, Madam Chairman, Members come That’s the purpose of this amendment, beach program for projects that aren’t with a proposal for an earmark to des- to keep Members from meddling with even eligible under the formula-based ignate money so they are sure that the formula-based program in the bill. funding that’s currently here, and their State or their beach or their city It was mentioned that it’s unneces- that’s what we should all fear. This gets their, at least, perceived fair share sary because it hasn’t been historically body has gone far too far over the past of funding. earmarked. I suppose the same would several years, under Republicans and But it’s never been done on this legis- have been said had I brought the same Democrats, in bleeding off necessary lation, and we don’t need any such lim- amendment last year to the Depart- funding for particular programs just to itation language. I think we have a fair ment of Homeland Security authoriza- protect vulnerable incumbents during formula, a specific focus on the base tion bill or the appropriation bill be- re-election or just to reward particular cost of the States of developing, main- cause it hadn’t historically been ear- Members. taining water quality monitoring, noti- marked. We promised not to do that. Some people will say, well, we know fication programs, the mileage of the But yet we have earmarked between in Congress better than those faceless beach, beach use, the length of the sea- $500 million and $1 billion, hundreds of

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.073 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2204 CONGRESSIONAL RECORD — HOUSE April 10, 2008 earmarks air-dropped at the last HOYER and the whip, Mr. CLYBURN, all (Mr. PENCE asked and was given per- minute, never debated on the House talked about prior to getting in charge. mission to revise and extend his re- floor, never debated, never an oppor- It almost reminds me of a dog inside marks.) tunity to amend them out. And that’s a fence that is really barking and yelp- Mr. PENCE. I rise in strong support what we are trying to do here is to pro- ing and wanting to get out and wanting of the Flake amendment because the tect this important legislation from to convince its master that it can go American people need taxpayer protec- the same fate. out and do the things that it wants to tion more than we need beach protec- It was mentioned that we have in- show that it can do. And then once it tion. Now I understand this is impor- creased the authorization for money in gets out of the gate, it just kind of lays tant legislation that Congress is con- this legislation. That is true. We did down under a tree and scratches its ear sidering today. And I do not rise to that in the FEMA grants in Homeland or something. trivialize this bill. It has its moorings Security and then earmarked it. We in- So I am ready for some action. I in and its heritage in bipartisan foun- creased it by a little and then ear- think the American people are ready dations. I rise, rather, to say that the marked it by a lot. It doesn’t take con- for action. Bring out this magic plan. time has come for this Congress to get spiracy theorists to say that this might Unveil it. Let’s see it. serious in large ways and in small ways be happening here, that maybe this is Ms. EDDIE BERNICE JOHNSON of about the epidemic of earmarking that what is going to be attempted here, to Texas. Madam Chairman, I move to has taken hold of the Federal budget start earmarking this legislation, to strike the last word. process. In fiscal year 2008, according to one get these programs that are funded by The CHAIRMAN. The gentlewoman is estimate, legislation that passed in one formula to instead fund Members who recognized for 5 minutes. catch-all omnibus bill included some need protection in their re-election or Ms. EDDIE BERNICE JOHNSON of 11,610 earmarks in all of those different who need to be rewarded in some other Texas. Madam Chairman, this amend- appropriations bills in the course of the way. That’s not how we should do busi- ment is a proposed solution in search year costing taxpayers some $17.2 bil- ness. of a problem. The Beaches Environ- lion. It was the second highest number The purpose of this amendment is mental Assessment and Coastal Health of earmarks any Congress has ever ap- recognizing the importance of this leg- Act, or the BEACH Act, which this leg- proved. It represented a 337 percent in- islation and making sure that Members islation amends, was introduced to limit and prevent human exposure to crease above fiscal year 2007. don’t meddle in it. What the Flake amendment says, in polluted coastal recreation waters, in- I thank the gentleman for yielding. effect, is that none of the funds appro- cluding those along the Great Lakes. b 1545 priated pursuant to this section may be The initial BEACH Act authorized used for a congressional earmark as de- Mr. WESTMORELAND. And I want $30 million annually to assist States fined by the House rules. Now, this is to thank the gentleman for bringing and local governments to implement part and parcel of an effort by many of this amendment because a little ounce beach monitoring, assessment and pub- us that I believe, while it is being led of prevention is worth a pound of cure. lic notification programs. by Republicans, I believe there are And so I think what we are doing, like Funds authorized under the initial many in the other party who under- he said, is just making sure that we are BEACH Act and under the legislation stand that earmarks is a cancer in the perfectly clear to anybody on the con- we consider today go either to the En- belly of the Federal budget. And we ference committee, or any other proc- vironmental Protection Agency or are ess that this bill goes through, that must address it. distributed to individual States on a The Flake amendment seizes this op- we’re not to air-drop these earmarks formula basis. portunity and this moment of this leg- that we never get a chance to discuss. Each State receives a portion of an- islation that says that should the It is very seldom that we get to discuss nual appropriations which have hov- Beach Protection Act of 2007 be signed anything on the floor in the manner ered around $10 million based upon a into law, that at no point in the future that we are being able to talk about calculation of the State’s variant may it be used as a vehicle for ear- this beach restoration bill as we are beach monitoring and notification marking. And as the author of this today. And so I think it is a great thing needs. amendment has suggested, we have that we are having this open discus- The committee is aware of the con- been assured in the past before that sion. cerns that the current formula utilized those things pertaining to homeland Again, I want to comment that I by EPA for the distribution of grant security, the Department of Homeland hope that one day my constituents funds may not provide for an equitable Security, would not become vehicles from Georgia’s Third Congressional allocation of funds among States at for earmarking, and they have. District, which is not that far away current appropriation levels. And for my part, let me say this is from the beach, will be able to have the Section 9 of this legislation requires not an issue that I am interested in money that won’t pinch their budget to EPA to conduct a study of potential re- demagoguing, Madam Chairman. For be able to drive to the beach. Right visions to the formula with a specific my part, through the course of my ca- now in Georgia you’re paying $3.29 per focus on base costs to States of devel- reer up until very recently, I have re- gallon, which is $1 more a gallon than oping and maintaining water quality quested earmarks and special projects we paid when the 110th Congress start- monitoring and notification programs, for my district. But I must tell you, ed. And we had all the empty promises the State’s varied beach monitoring having negotiated when Republicans and the smoke-and-mirror gadgets that and notification needs, including beach were in charge for earmark reform, came from the majority that they were mileage, beach usage and length of having supported Democrat efforts for going to somehow, that they had some beach season and other factors that the earmark reform, at the end of last year kind of miraculous plan to lower gas administrator determines to be appro- when I saw a catchall omnibus bill prices. priate. come to the floor of this Congress with We have yet to see that plan. We’ve None of the funds appropriated under hundreds of unexamined earmarks talked about raising the fuel tax. We’ve this legislation go out to the States or dropped in at the last minute in the talked about raising the price of a bar- local communities under a ‘‘congres- dead of night that hadn’t been subject rel of oil. We’ve actually purchased bi- sional earmark.’’ to the scrutiny the American people cycles. And we have done a lot of dif- This amendment has no bearing on demand, I knew it was time for a ferent things. But the price of gas and the authorities under the BEACH Act change. And so I had to tell the people oil continues to go up. or EPA’s beach program. of my district that I could no longer be We had a bailout that caused our dol- Madam Chairman, I yield back. a part of this flawed system. And I lar to deflate. And that, itself, prob- Mr. PENCE. I move to strike the last commend the gentleman from Arizona ably caused the price of a barrel of oil word. for his extraordinary leadership on this to go up. So I am waiting on that The CHAIRMAN. The gentleman issue. magic wand. I am waiting on that se- from Indiana is recognized for 5 min- I want to challenge my colleagues to cret that Speaker PELOSI and Leader utes. support the Flake amendment. But

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.074 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2205 let’s just begin there. Let’s support a swim in the waters without it being a currences on our beaches, coastal moratorium on earmarking in this cesspool. I wish that more people would beaches I guess, but the idea that Congress. The American people know sneak an earmark in the night to pro- somehow because we have been pure in there is something fundamentally tect their beach. Again, that is not the past we will remain pure in the fu- wrong with the way we spend the peo- going to happen with this bill. It is not ture. And our history here with respect ple’s money, especially when it comes the purpose of the bill. to earmarks is anything but that. to earmarks. So I would ask that we vote against So as we look at the Flake amend- Frankly, I used an analogy not long this, and yet again I feel very strongly ment and why it is important, I hope ago, Madam Chairman, of an airplane. that what Mr. PENCE is saying, what that someone can rise to say, here is a When you’re flying an airplane through Mr. FLAKE is trying to do with his mechanical reason why it is inappro- the air, and the meters on the control amendment is appropriate, but not in priate to have this earmark restric- panel tell you that something is wrong this particular vehicle. I don’t think tion, this statement, flatout statement with the engine, the first thing you do that it pertains at all. that I think both sides can agree on. is put the plane on the ground and get Mr. OBERSTAR. Would the gen- Because while earmarking doesn’t real- the hood open and find out what is tleman yield? ly fix the overall spending pattern and wrong. Well, many of us who are advo- Mr. BOOZMAN. Yes, sir. the overall spending problem that we cating an earmark moratorium believe Mr. OBERSTAR. I thank the gen- have in this Congress, because every- the time has come for us to put the tleman for his very thoughtful com- body knows that the annual budget is plane on the ground in a bipartisan ments, which I fully concur. But I also set, and every one of those nickels that way, embrace an earmark moratorium would like to take this opportunity to get allocated to the Appropriations and reform this system in the way that compliment the gentleman from Indi- Committee will get spent, and most all Congressmen FRANK WOLF and JACK ana for a very thoughtful, reasoned, of this earmark churn happens within KINGSTON have suggested in their com- balanced and principled statement that that number. And so to the extent that mission format. adhered to the purpose of the amend- we do away with all earmarks, it really And let me say, as I close in strong ment and stuck to the principle that won’t impact the total amount spent. support of the Flake amendment, that the underlying amendment addresses. b 1600 there is enough blame to go around on Though I disagree with the outcome of this earmarking business. I recognize his reasoning, it was a very thoughtful My grandchildren, of whom I have earmarking came of age under Repub- and a principled statement, more of the seven, have a $53 trillion debt staring lican control of the Congress. And I am kind of discussion we ought to have on them in the face because we have made not rising here to point fingers. I am, this floor. $53 trillion in unfunded promises to however, rising to say that we need to I thank the gentleman for yielding. each other, issues that we think are change the way we spend the people’s Mr. BOOZMAN. I yield back. important to my generation and my money. The only way we will do that is Mr. CONAWAY. I move to strike the parents’ generation, but we are taking by embracing the bold leadership that last word. their money to pay for it. Congressman JEFF FLAKE has brought The CHAIRMAN. The gentleman So anything that we can do to begin to this Congress in connection with the from Texas is recognized for 5 minutes. the process of restricting spending on Beach Protection Act, but it also Mr. CONAWAY. I, too, want to con- issues like earmarks in this instance, means embracing a moratorium and gratulate the majority party for bring- on a bill that clearly works best on a coming together, Republicans and ing an open rule bill to the floor. It is grant-based formula, where the mile- Democrats, liberals and conservatives, a rare event. And hopefully our side age of the beaches are assessed in each and saying we are going to push away won’t wear out its welcome so poorly State and the money is parceled out from the table, and we are going to that this is the last open rule bill that that way as fairly as it can be, we can bring fundamental earmark reform to is brought. I know it has to happen on argue how much that money ought to the American people. And that’s my appropriations bills, but we are not too be from time to time, but to expose it hope. excited about those coming later this to the earmarking process I think is in- And I urge support for the amend- year. appropriate. ment as a first step in that direction. I rise in support of the Flake amend- I hope, like I said, that the Members I yield back. ment. It is a pretty straightforward who oppose the mechanics of this can Mr. BOOZMAN. Madam Chairman, I amendment that, to quote an often help those of us who don’t understand move to strike the last word. poorly used phrase, the opponent doth the mechanics understand why an ear- The CHAIRMAN. The gentleman protest too much. I have not heard mark restriction that the Flake from Arkansas is recognized for 5 min- anything really as to why it is inappro- amendment would put in place cripples utes. priate for this to be attached to the and hamstrings this otherwise good Mr. BOOZMAN. I agree with Mr. legislation, how this would cripple the legislation, because all of us want safe FLAKE and Mr. PENCE about the situa- legislation, how this would prevent the water to swim in and to play in, but we tion of needing to earmark responsibly. monitoring processes, how this would also want my grandchildren to be able And certainly earmarking to protect prevent the grant-based programming to afford to address the issues they vulnerable Members, in fact, anything from functioning. I have just heard ar- have in front of them some 50 years of that certainly is not for the good of guments that ‘‘let’s don’t do it because from now with their money. Quite the country and the good of Congress we have never done it that way be- frankly, it is going to take a Herculean or whatever. fore.’’ effort among all of us here and every- I guess what I question is that in this And I am persuaded that under the body listening today to rein in that $53 particular amendment, in this par- Department of Homeland Security ex- trillion in unfunded promises. ticular bill, I think it is inappropriate. ample, this idea of ‘‘let’s just, because This House, as important as this leg- This program is a formula-based grants we have not done it before, we won’t do islation is, continues to ignore major program that has not been earmarked it in the future.’’ And I would prefer to problems facing this country, problems in the past and there’s no plans to ear- have a straightforward statement in like the FISA reauthorization, prob- mark it in the future. this important legislation. lems like the war supplemental, prob- We are not talking about beach res- We had an event this past year where lems like Social Security and Medicare toration. We are not talking about a young man, although this legislation and Medicaid. We continue to simply beach reclamation. We are talking won’t affect this because it happened in let those slide, and those failed actions about a bill that allows States, allows one of the lakes in Texas, where a have consequences. beaches, to monitor pathogens so that young man had an amoeba-borne ill- We are going to add another one when a family from Arkansas goes to ness get into his brain, and it killed today, the Colombia Free Trade Agree- Florida or goes to South Carolina, him. It was a freak and tragic accident. ment. By refusing to take action on wherever they go, and they pull up, And obviously this legislation is aimed the Colombia Free Trade Agreement, that they can, with safety, get out and at trying to prevent similar type of oc- we have left more work undone as we

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.076 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2206 CONGRESSIONAL RECORD — HOUSE April 10, 2008 go about all this business. All of that Well, in light of the fact that the Camp (MI) Hoekstra Peterson (PA) has consequences. As many of my col- Campbell (CA) Honda Petri other side of the aisle, the Democrat Cannon Hoyer Pickering leagues have said, it has consequences majority, will not even consider to sup- Cantor Inglis (SC) Pitts on energy policy, it has consequences port the Flake amendment, which Capito Issa Platts on the fiscal policy of this country. would try to rein in some of that Capps Jefferson Poe I think this is a simple step on a sim- Carnahan Johnson, Sam Pomeroy wasteful, wanton abuse that we see in Carney Jones (NC) Porter ple bill that would allow the fiscal op- earmarks here, apparently the Demo- Carson Jordan Price (GA) erations of this process to go forward crat House leadership is taking a page Carter Kagen Putnam Castle Kanjorski in an appropriate and in a correct man- from HILLARY CLINTON’s playbook. Radanovich ner. So, I urge my colleagues to sup- Castor Kaptur Regula They too have more ideas on spending Chabot Keller Rehberg port the Flake amendment, should we than there are dollars in D.C. to spend. Clay Kennedy Reichert get a vote on that. It was just indicated a moment ago, Coble Kildee Renzi Cohen Kilpatrick Madam Chairman, I yield back the well, this is not the purpose of the bill, Reynolds Cole (OK) Kind Rodriguez balance of my time. to do earmarks. Well, if it is not the Conaway King (IA) Mr. GARRETT of New Jersey. Rogers (KY) purpose of the bill, then it should be an Cooper King (NY) Rogers (MI) Madam Chairman, I move to strike the Costa Kingston Rohrabacher easy lift to support this amendment to Courtney Kirk last word. eliminate earmarks from the bill. Roskam The CHAIRMAN. The gentleman is Crenshaw Kline (MN) Ross Secondly, someone suggested from Cuellar Knollenberg recognized for 5 minutes. Royce the other side, well, if we are going to Culberson Kuhl (NY) Ryan (WI) Mr. GARRETT of New Jersey. Davis (CA) Lamborn do it in this one, we should do it in all Sali Madam Chairman, I come to the floor Davis (KY) Lampson Saxton also to speak in support of the Flake other bills like this. I agree, and I am Davis, David Langevin Schiff Davis, Lincoln Latham amendment. I was in my office almost sure Mr. FLAKE would come to the floor Schmidt as well and say he would put this in Davis, Tom Latta Schwartz a half-hour ago now when I saw the de- Deal (GA) Levin Scott (VA) any bill coming to the floor, to say we DeFazio Lewis (CA) bate on the floor and my friend and Sensenbrenner DeGette Lewis (KY) should not have earmarks, and I think Sestak colleague Mr. FLAKE was here speaking DeLauro Linder he just rose to that point. Shadegg about his amendment, and I thought I Dent LoBiondo Shays Finally, the point was made, I think Dicks Loebsack would come down to hear his closing Shea-Porter from this side of the aisle, well, it Doggett Lucas remarks and hear the other side then Shimkus Donnelly Lungren, Daniel hasn’t been done in bills like this be- Shuler say that they agreed to the amend- Doolittle E. Shuster ment, because I thought, in essence, fore. What a better time than right Drake Lynch Slaughter now? And I commend the gentleman, Dreier Mack this was an amendment that both sides Smith (NE) Duncan Maloney (NY) of the aisle could reach across and find Mr. FLAKE for bringing it to the floor. Smith (NJ) If not now, then when? If both sides of Edwards Manzullo unanimity and agreement with, if we Ehlers Marshall Smith (TX) believed the rhetoric that we heard last the aisle are as adamantly opposed to Ellsworth Matheson Solis year and if we believe the rhetoric we abuses of earmarks as both sides of the Emerson McCarthy (CA) Souder aisle say they are, why shouldn’t they English (PA) McCarthy (NY) Space hear oftentimes from the other side of Eshoo McCaul (TX) Speier the aisle about their desires to rein in support the amendment by Mr. FLAKE? Everett McCollum (MN) Spratt spending, to address the earmark situa- Madam Chairman, I yield to the gen- Fallin McCotter Stearns tleman from Arizona. Feeney McCrery Sullivan tion problem and to work with Repub- Sutton Mr. FLAKE. Madam Chairman, I Flake McGovern licans to try to deal with it, as we Forbes McHenry Tancredo heard during their campaign to come thank the gentleman for yielding. Fortenberry McHugh Tauscher to the majority, as they have, and now I believe that soon after this we are Fossella McIntyre Taylor Terry on the floor as well. going to have a vote on this legisla- Foxx McKeon Frelinghuysen McMorris Thompson (CA) To my surprise, and perhaps I should tion. Again, this amendment is simply Garrett (NJ) Rodgers Thornberry not be surprised to find that as of this to preserve the bill as it is, to make Gerlach McNerney Tiahrt time, a half-hour later into the debate sure that Members don’t meddle in it. Giffords Meek (FL) Tiberi on a simple amendment to say that we It is there to protect the waters and Gillibrand Michaud Turner Gingrey Miller (FL) Upton should not be having earmarks in this the beaches, not protect incumbents Gohmert Miller (MI) Van Hollen bill, a bill that never had earmarks be- for reelection. That is what this is Goode Miller (NC) Walberg fore, the other side of the aisle, the about. Goodlatte Miller, Gary Wamp Democrat side of the aisle, cannot Gordon Miller, George Wasserman Mr. GARRETT of New Jersey. Graves Mitchell Schultz agree to it. Madam Chairman, I yield back my Green, Gene Moore (KS) Waxman Earlier, when the general debate on time. Gutierrez Moran (KS) Welch (VT) this bill was on the floor, I came to the The CHAIRMAN. The question is on Hall (NY) Murphy (CT) Weldon (FL) floor and said that in light of all the Hall (TX) Murphy, Patrick Westmoreland the amendment offered by the gen- Hare Murphy, Tim Whitfield (KY) issues that we are discussing right now, tleman from Arizona (Mr. FLAKE). Harman Myrick Wilson (OH) it is amazing we are about to go into The question was taken; and the Hastings (WA) Neugebauer Wilson (SC) the weekend break discussing beaches Heller Norton Wittman (VA) Chairman announced that the ayes ap- Hensarling Nunes Wolf as opposed to some other fundamen- peared to have it. Herger Pearce Woolsey tally important issue striking at the RECORDED VOTE Herseth Sandlin Pence Wu hearts and the wallets of the American Hill Perlmutter Yarmuth Mr. FLAKE. Madam Chairman, I de- taxpayers and the citizens of the State Hodes Peterson (MN) Young (FL) mand a recorded vote. of New Jersey as well, one principally A recorded vote was ordered. NOES—117 which was the high cost of oil. The vote was taken by electronic de- Abercrombie Cleaver Filner The Democrats have been in charge Baldwin Clyburn vice, and there were—ayes 263, noes 117, Foster of this House now for almost a year Bean Conyers Frank (MA) and a quarter, and during that time we answered ‘‘present’’ 1, not voting 55, as Berkley Costello Gonzalez follows: Berman Cramer Green, Al have seen the price of gas at the local Berry Crowley [Roll No. 182] Hastings (FL) gasoline stations go up by almost a Bilbray Cummings Hayes buck. You would think that would be AYES—263 Bishop (GA) Davis (IL) Higgins Boozman Delahunt Aderholt Barrow Boswell Hinchey something first and foremost that they Bordallo Diaz-Balart, L. Akin Bartlett (MD) Boucher Hirono would be addressing. But, no, they are Boyd (FL) Diaz-Balart, M. Alexander Becerra Boustany Hobson Brady (PA) Dingell addressing a spending bill and beaches, Allen Biggert Boyda (KS) Brown, Corrine Ellison Holt as we have before us. Again, maybe I Altmire Bilirakis Brady (TX) Butterfield Engel Hooley Arcuri Blackburn Braley (IA) should not be surprised, because wasn’t Capuano Etheridge Hunter Bachmann Blumenauer Broun (GA) it HILLARY CLINTON who said that she Chandler Faleomavaega Inslee Bachus Blunt Brown (SC) Christensen Farr Israel has more ideas on spending than there Baird Bonner Buchanan Clarke Fattah Jackson (IL) are dollars in D.C.? Barrett (SC) Bono Mack Burton (IN)

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.079 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2207 Jackson-Lee Napolitano Schakowsky tion—‘‘yea’’; rollcall vote No. 182—imposes a some confidence they will be able to se- (TX) Neal (MA) Serrano Johnson (GA) Oberstar Sherman no earmark limitation on a formula driven EPA cure loans for their children, or for Johnson, E. B. Olver Simpson grant authority for State beach water quality young people going to college, securing Klein (FL) Ortiz Smith (WA) monitoring and notification programs—‘‘no.’’ the loans themselves. Kucinich Pallone Snyder Mr. OBERSTAR. Mr. Chairman, I Mr. BLUNT. That is a problem, and LaTourette Pascrell Stupak Lee Pastor Tanner move that the Committee do now rise. part of what I used to do before I came Lewis (GA) Paul Thompson (MS) The motion was agreed to. here involved that. I am anxious to see Lipinski Price (NC) Tierney Accordingly, the Committee rose; what the bill looks like. It is clearly a Mahoney (FL) Rahall Towns and the Speaker pro tempore (Mrs. major problem out there. Markey Reyes Tsongas Matsui Richardson Vela´ zquez BOYDA of Kansas) having assumed the On the vote we took earlier today, McDermott Ros-Lehtinen Visclosky chair, Mr. JACKSON of Illinois, Acting the rule vote on Colombia trade, if you Meeks (NY) Rothman Walsh (NY) Chairman of the Committee of the listened to the debate, you heard two Melancon Roybal-Allard Walz (MN) Mica Ruppersberger Watson Whole House on the State of the Union, very different views of that debate. The Mollohan Ryan (OH) Watt reported that that Committee, having view of my side was that this likely Moore (WI) Salazar Weiner had under consideration the bill (H.R. ends this discussion for this year, and Moran (VA) Sa´ nchez, Linda Wexler 2537) to amend the Federal Water Pol- the view I heard from the other side Murtha T. Wynn Nadler Sarbanes Young (AK) lution Control Act relating to beach was not quite there at all. I am won- monitoring, and for other purposes, dering if as the majority leader you ANSWERED ‘‘PRESENT’’—1 had come to no resolution thereon. have a sense of this bill, this agree- Obey f ment, whether it can come back to the NOT VOTING—55 floor this year or not. LEGISLATIVE PROGRAM Ackerman Fortun˜ o Payne Mr. HOYER. If the gentleman would Andrews Franks (AZ) Pryce (OH) (Mr. BLUNT asked and was given yield, I would agree with the observa- Baca Gallegly Ramstad permission to address the House for 1 tion on our side. I say that, and it is Barton (TX) Gilchrest Rangel minute.) obviously not humorous except to me. Bishop (NY) Granger Rogers (AL) Bishop (UT) Grijalva Rush Mr. BLUNT. Madam Speaker, I yield The fact of the matter is I believe Boehner Hinojosa Sanchez, Loretta to my friend, the majority leader from that what was said on this side of the Boren Holden Scott (GA) Maryland, for the purpose of inquiring aisle and what the Speaker has indi- Brown-Waite, Hulshof Sessions Ginny Johnson (IL) about next week’s schedule. cated was that this was sent down we Sires Burgess Jones (OH) Mr. HOYER. I thank my friend, the believed contrary to normal practice Skelton Buyer LaHood Stark Republican whip. not with agreement of the leadership Calvert Larsen (WA) On Monday, the House will meet at Cardoza Larson (CT) Udall (CO) and the administration on how this Cubin Lofgren, Zoe Udall (NM) 12:30 p.m. for morning hour and 2 p.m. would be considered. The Speaker be- Davis (AL) Lowey Walden (OR) for legislative business. On Tuesday, lieved, and obviously the House did as Doyle Marchant Waters the House will meet at 10:30 a.m. for well, that additional time was needed. Emanuel McNulty Weller Ferguson Musgrave Wilson (NM) morning hour and 12 p.m. for legisla- This was not, the Speaker has indi- tive business. On Wednesday, the House cated that, an attempt to kill this ANNOUNCEMENT BY THE ACTING CHAIRMAN will meet at 10 a.m. for legislative agreement. It still could come up. The Acting CHAIRMAN (Mr. JACKSON business. And on Thursday, the House There still is going to be discussion be- of Illinois) (during the vote). Members will meet at 8:30 a.m. and recess imme- tween the administration and our- are advised there are approximately 2 diately to allow for the Former Mem- selves. We want to resolve some out- minutes remaining in the vote. bers Association annual meeting, and standing issues and discuss what we b 1632 will reconvene at approximately 10 might reach agreement on with the a.m. for legislative business after the President and the administration. Messrs. WEINER, MURTHA, INS- meeting is concluded. As you know, we began those con- LEE, CROWLEY, ABERCROMBIE, Ms. We will consider several bills under versations yesterday. You and I were WATSON, Mrs. NAPOLITANO, and Ms. suspension of the rules. The final list down there at the White House to- CLARKE changed their vote from will be announced by close of business gether. We hope to continue and hope ‘‘aye’’ to ‘‘no.’’ tomorrow. for positive movement. Regarding Ms. MCCOLLUM of Minnesota, On Friday, no votes are expected. other agreements that are pending, we Messrs. MITCHELL, BRADY of Texas, We will consider H.R. 2634, the Jubi- have not discussed nor ruled out the TIM MURPHY of Pennsylvania, lee Act for Responsible Lending and possibility that future trade agree- SPRATT, HALL of New York, and Expanded Debt Cancellation of 2007; ments may be considered by this Con- MCINTYRE changed their vote from H.R. 5719, Taxpayer Assistance and gress. ‘‘no’’ to ‘‘aye.’’ Simplification Act of 2008; and H.R. Mr. BLUNT. I thank the gentleman. So the amendment was agreed to. 5715, Ensuring Continued Access to That was going to be my second ques- The result of the vote was announced Student Loan Act of 2008. tion. There are two other negotiated as above recorded. In addition, we intend to consider at agreements, and I believe what you Stated against: some point next week the bill we start- just said was that this vote today was Mr. FILNER. Mr. Chairman, on roll- ed today, H.R. 2537, to amend the Fed- about the Colombia agreement only call 182, I was unable to vote because of eral Water Pollution Control Act relat- and those other agreements should not pressing business with my constituents ing to beach monitoring. We will con- be prejudiced by the vote we took in my home district. Had I been sider that to its conclusion. today, and perhaps the Colombia vote present, I would have voted ‘‘no.’’ Mr. BLUNT. I would ask my friend on will not be either. PERSONAL EXPLANATION the last bill you mentioned, the Ensur- I felt strongly about this. I still do, Mrs. JONES of Ohio. Mr. Chairman, on ing Continued Access to Student Loan but I hope my friend’s comments are Thursday, April 10, 2008, I missed three roll- Act of 2008, H.R. 5715, is that the bill correct and there is some way to now call recorded votes due to unforeseen cir- that was introduced this week? actively pursue whatever discussions cumstances. Had I been present, the RECORD Mr. HOYER. I am not sure when it need to be had on Colombia. would reflect the following votes: was introduced, very frankly. It was But on the final two if I heard you Rollcall vote No. 178—‘‘yea’’; rollcall vote marked up this week and reported out right, the two that have been nego- No. 179—Rule providing for consideration of of committee. Whether it was intro- tiated and have not been sent up yet, I H.R. 2537—Beach Protection Act of 2007— duced this week or not, I do not know. think I am hearing you say this does ‘‘yea’’; rollcall vote No. 180—Recognizing the As you know, Secretary Spelling has not establish any new way of doing fifth anniversary of the Department of Home- indicated this is a very severe chal- this, and I yield. land Security and honoring the Department’s lenge confronting student loans. Obvi- Mr. HOYER. I don’t think this was employees for their extraordinary efforts and ously we want to get ready for Sep- intended necessarily to be precedent- contributions to protect and secure our Na- tember in particular so families have setting. The precedent, of course, has

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.032 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2208 CONGRESSIONAL RECORD — HOUSE April 10, 2008 been that administrations, Republican States, which is, after all, the policy- We’re concerned about energy inde- and Democratic, have discussed with making body of this country under the pendence. We all know that it’s going Republican and Democratic Congresses Constitution, ‘‘What I propose you to be very tough in the short term on the timing and conditions under which take, or we’ll leave it. We’ll not do both sides, it’s recognized in the short these would be sent forward. We did anything other.’’ term, to do something on gas prices, not believe that had been accomplished I would hope to have discussions on given where we are today from that this time. The administration’s per- this. As you know, the economy is in $1.46 where we were in January of 2001. spective was that there had not been crisis. It is very nice to give money to Having said that, this bill that was response to their attempts to do so. Iraq. As you know, I support funding on the floor today was an important Whatever the reasons, the answer to our troops. Having said that, we have bill. It was an important bill to a Mem- your question is we do not believe at people in crisis in housing, we have ber on your side of the aisle, and you this point in time that this is prece- people in crisis in jobs, we have people and I had the opportunity to talk to dent for the two pending agreements. in crisis without health care, and we him about it. It was a bipartisan bill. But I don’t want to by that response have people in crisis with their edu- It’s a bill that we thought had merit. represent, if we were confronted with cational expenses. We have a lot of peo- And, as a matter of fact, my expecta- the same set of conditions, that is, that ple in this country who are in trouble. tion is that overwhelming numbers of we did not reach agreement on how We think that they need to know the House are going to vote for it when those agreements were moving for- that the Congress of the United States it comes up for final passage. ward, that this might not be again is responding to their issues as well as But, clearly, gasoline prices, gaso- something that might be considered. to the issues that the President brings line, energy independence, which is a But it is not precedent. up with respect to Iraq. critical component of why we are in Mr. BLUNT. I hear your answer and So I don’t want to commit us to sim- the position of having to pay such high the explanation of your answer, and I ply doing exactly what the President prices, because we don’t have great al- understand that. asks, or apparently thinks he can tell ternatives, getting more efficient auto- On the supplemental defense budget us to do. We don’t think that is the mobiles, using alternative energy that we talked about last week, it process. sources, providing for renewable fuels, would seem that during this period of b 1645 as you know, I think you and I, I know time between now and the work period Mr. BLUNT. Well, I thank the gen- you and I were both down when we pre- at home during Memorial Day, that the tleman for that. I would say that my sented the President with a bill that supplemental budget will move. I think sense of that is that the troop supple- was signed by him at the Energy De- last week it was your anticipation that mental should be that, and that we partment. We in a bipartisan way it might move in committee as early as should be willing to work together on moved towards that last year on bills this week. That didn’t happen. I also these other issues, as we did the stim- that we passed in a bipartisan way. read this week that following the ulus package earlier this year. That’s a Mr. BLUNT. The debate today, I Petraeus-Crocker testimony, that a package that the tax provisions are al- thought, was important and, you know, number of Members, including the ready beginning to have some impact. certainly, the numbers you cited about chairman of the House Defense Appro- The rebate provisions will begin to what’s happened in the last 7 years, I priations Subcommittee, indicated have impact when people get their don’t fault those numbers at all. But that they thought that this supple- money in May, June and July. we took a lot of responsibility for all of mental would have not only extraneous But I think we proved, with that ef- that when we were in the majority. spending, but also some restrictive lan- fort to work together, that when both And I haven’t seen anything coming guage. Have you had any further dis- sides decide we want to make some- from this majority that would have cussions about either timing or wheth- thing happen, we don’t have to use the stopped that $1 increase we’ve seen er this supplemental will get, in my troop funding or any other issue. We since the majority changed. I just hope opinion, bogged down and held back by just have to get together and make we can work together to do that. And any restrictive language? something happen. I think that would some of it’s shorter term rather than I yield to the gentleman. be, generally, the view on this side of longer. Mr. HOYER. I thank the gentleman the House about how to move forward Our long-term energy needs are for yielding. on those two issues, and we can and clearly going to be met with some First, let me say that last week, and will probably debate this for some long-term solutions. But things that I would reiterate the comment, I don’t time. encourage more production here, more think I spoke to when the committee One of the issues that puts people in and better use of the fuel sources we would move on it. What I did say was crisis, we saw a discussion on the floor have as we develop alternatives, I that hopefully the supplemental would today, a bill out of transportation that think, are part of that solution. I hope be on the floor either the last week in dealt with beach nutrition. Many of that the Energy and Commerce Com- April or the first week in May. I don’t our Members thought that the Trans- mittee and the Transportation Com- think that I referenced the committee portation Committee and the Energy mittee both are encouraged by both consideration of that. I still believe Committee would be better spending sides of the aisle to get some legisla- that is the case. their time focused on gasoline prices, tion to the floor that would let us deal With respect to your second question which are $1 higher today, per gallon, with that. And I hope that happens as to what might be on the supple- on the average, than they were a year sooner rather than later. mental, obviously it has not been ago today. And I wonder if the gen- Actually, the debate today may have marked up in committee. There are tleman has any sense of when we might related more to the committee than it discussions, as have been reported in see some legislation on the floor that did the bill, but I thought it was a de- the public press, with respect to either would deal with gasoline prices. bate that the American people want to language that might be appended to Mr. HOYER. Well, of course, as you see us have on the floor of the House. that by the committee or by the House know, we have passed legislation that’s f itself. I would not want to preclude still pending in the Senate. In addition that effort. to that, as you know, gas prices in Jan- ADJOURNMENT TO MONDAY, I want to say that it is my under- uary 2001 were $1.46, on average, in this APRIL 14, 2008 standing that the President has made a country. They’re now, on average, Mr. HOYER. Madam Speaker, I ask comment today again that what I sent $3.30, so they’ve more than doubled unanimous consent that when the you and the dollar I sent you, not a during the last 87 months of this ad- House adjourns today, it adjourn to penny more will I sign. ministration. We’re concerned about meet at 12:30 p.m. on Monday next for I will tell my friend, I don’t think that, as I know you are as well. The morning-hour debate. that is particularly useful. It continues public would like to have $1.46 gas, I’m The SPEAKER pro tempore. Is there to say from the President of the United sure, back. And we are concerned about objection to the request of the gen- States to the Congress of the United that. tleman from Maryland?

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.084 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2209 There was no objection. A third generation of the Black fam- stage, expel the Americans from Iraq. f ily became associated with the com- The second stage, establish authority pany in the 1970s when Morris Black in Iraq. The third stage, extend the DISPENSING WITH CALENDAR and Sons entered a period of rapid jihad wave to the secular nations WEDNESDAY BUSINESS ON change. In the mid 1970s the company neighboring Iraq. And the fourth stage, WEDNESDAY NEXT saw a growing interest in do-it-yourself the clash with Israel and extermi- Mr. HOYER. Madam Speaker, I ask remodeling and design. With the do-it- nation of the people of Israel. unanimous consent that the business yourself trend on the horizon, Morris Ambassador Crocker acknowledged in order under the Calendar Wednesday Black and Sons opened one of the first these goals, but said al Qaeda may not rule be dispensed with on Wednesday home design centers that marketed follow this timeline. They may try to next. building products directly to active attack America as soon as possible. The SPEAKER pro tempore. Is there homeowners in 1976. The Ambassador also agreed al Qaeda objection to the request of the gen- Over time, the company has contin- would not be satisfied with simply the tleman from Maryland? ued to expand, opening its first sat- destruction of the people of Israel. There was no objection. ellite location in 1999 and the second in We should remember what is at stake f 2000, and has developed a strong rep- in Iraq. A failure in Iraq, a defeat at utation for quality throughout eastern the hands of these extremists, would HOUR OF MEETING ON THURSDAY, Pennsylvania. mean a failed state, a breeding ground APRIL 17, 2008 This Saturday the family marks its for extremists. It is the scenario we Mr. HOYER. Madam Speaker, I ask 100th anniversary. I wish the entire saw in Afghanistan prior to 9/11. unanimous consent that when the Morris Black family and company a In conclusion, God bless our troops, House adjourns on Wednesday, April 16, healthy congratulations. and we will never forget September the 2008, it adjourn to meet at 8:30 a.m. on f 11th. Thursday, April 17. f The SPEAKER pro tempore. Is there CONGRATULATING ISRAEL ON ITS objection to the request of the gen- 60TH ANNIVERSARY RESEARCH AND DEVELOPMENT tleman from Maryland? (Mr. WELDON of Florida asked and (Mr. SMITH of Nebraska asked and There was no objection. was given permission to address the was given permission to address the f House for 1 minute and to revise and House for 1 minute and to revise and extend his remarks.) extend his remarks.) AUTHORIZING THE SPEAKER TO Mr. WELDON of Florida. Madam Mr. SMITH of Nebraska. Madam DECLARE A RECESS ON THURS- Speaker, it is my honor to rise in cele- Speaker, I rise today to call on the DAY, APRIL 17, 2008, FOR THE bration of the coming 60th anniversary House of Representatives to pass a per- PURPOSE OF RECEIVING of the creation of the Nation of Israel manent research and development tax FORMER MEMBERS OF CON- next month. I have long been a sup- credit. We are the strongest Nation on GRESS porter of Israel, and I am proud of the Earth, in large part because of the in- Mr. HOYER. Madam Speaker, I ask strong bonds that unite Israel with our novation inspired through research and unanimous consent that it may be in own Nation. development. order on Thursday, April 17, for the Not only is Israel one of our foremost Throughout our history, America has Speaker to declare a recess subject to allies in the current fight against ter- led the way thanks to our innovators the call of the Chair for the purpose of rorism, but they have been a long part- and entrepreneurs. Their contributions receiving in this Chamber former Mem- ner in peace, in commerce and in the to our society have led us to a new era, bers of Congress. values of liberty. Israel, like America, but we cannot rest on these laurels. The SPEAKER pro tempore. Is there rose to prominence through the hard Even now, people in Nebraska and objection to the request of the gen- work of immigrants, and Israel re- throughout our country are looking be- tleman from Maryland? mains the best model of democracy, re- yond the horizon for new ways to There was no objection. ligious freedom and peaceful coexist- strengthen and grow our small, rural f ence in a very hostile location in the communities. We owe it to them to do world. The contributions of Israeli in- everything in our power to foster these CONGRATULATIONS TO MORRIS genuity and Israeli technology are new ideas. BLACK AND SONS making an impact in the Middle East We live in a world with unlimited in- (Mr. DENT asked and was given per- and throughout the world. novation, and I look forward to seeing mission to address the House for 1 And today, with Iran threatening to what the future will bring from further minute and to revise and extend his re- destroy Israel and developing nuclear research and development. marks.) technologies and ballistic missile tech- I urge the House leadership to bring Mr. DENT. Madam Speaker, I rise nologies, it’s more important than ever H.R. 2138, the Investment in America today to honor the 100th anniversary of that people of good will, Jews, Chris- Act, to the floor as soon as possible. the Morris Black and Sons, a renowned tians and of all faiths rise up in sup- f interior design business located within port of Israel and acknowledge Israel’s RESEARCH AND DEVELOPMENT my district. coming 60 birthday. Founded in 1908 by company name- Mazel Tov, Israel. (Mr. SALI asked and was given per- sake Morris Black, the business began f mission to address the House for 1 as a horse and wagon team supplying minute and to revise and extend his re- contractors with construction needs in- WHAT IS AT STAKE marks.) cluding pipe, bricks, sand, cement and (Mr. WILSON of South Carolina Mr. SALI. Madam Speaker, con- other masonry products. The company asked and was given permission to ad- tinuing on with the remarks that were quickly grew as the Lehigh Valley be- dress the House for 1 minute and to re- just made, many U.S. companies are came an industrial center, and by 1928, vise and extend his remarks.) making plans of where they will spend operated warehouses in Allentown and Mr. WILSON of South Carolina. their research and development budg- Bethlehem. Madam Speaker, yesterday, General ets for the next 3 to 5 years. Unfortu- In the 1930s, Morris was joined by his David Petraeus and Ambassador Ryan nately, this Congress has made it in- sons, Benjamin and Samuel in running Crocker presented their reports to Con- creasingly difficult for these companies the family business. Under this leader- gress. Their testimonies were profes- to invest those R&D dollars with the ship, Morris Black continued to de- sional, fact-driven accounts, and I am kind of careful planning their needs de- velop, and in 1943, became one of the extremely grateful for their service. mand. first companies in the Nation to incor- During the hearing, I summarized al High-tech companies are sending porate an insulation subcontracting Qaeda spokesman Zawahiri, who has their R&D jobs abroad to countries business. outlined his plan for Iraq. The first that recognize that permanent R&D

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.085 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2210 CONGRESSIONAL RECORD — HOUSE April 10, 2008 tax incentives induce businesses to lo- The American people and the Con- was a safe and orderly redeployment. cate research activities there. Canada gress demand more. This is not the The administration disagreed saying it provides a 20 percent flat credit for punchline on some late night comedy won’t back down. R&D. offers a 20 percent credit, news show. This is the blood and treas- We will consider spending over $1 bil- as well as a full deduction, a low cor- ure of our Nation. And now the Admin- lion on the Iraq occupation in the com- porate tax rate, advanced infrastruc- istration has its hand out for another ing weeks, Madam Speaker. I, for one, ture and a skilled, English-speaking blank check, over $1 billion rumor has welcome the debate. workforce, all factors that appeal to it. This Congress should remain firm in The SPEAKER pro tempore. Under a many multi-national companies. its opposition to an open-ended occupa- previous order of the House, the gen- Madam Speaker, these jobs sent over- tion which is neither making America tleman from Texas (Mr. POE) is recog- seas are permanently lost when a com- safer nor providing any real hope for nized for 5 minutes. pany starts a new R&D project. We the Iraqi people. (Mr. POE addressed the House. His must keep these jobs here. The R&D Just a few months ago, Madam remarks will appear hereafter in the credit has already lapsed. The clock is Speaker, our esteemed Appropriations Extensions of Remarks.) ticking. Congress must extend the R&D Chairman, Mr. OBEY, introduced, and f tax credit today, and we must also fos- this House passed, a bill that clearly CONGRATULATING CLAYTON W. ter R&D at home by making this im- stated the position of a majority of WILLIAMS, JR., ON HIS RECEIPT portant tax credit permanent. Americans. OF THE CONSERVATION CHAM- f With bipartisan support, the bill PION AWARD stated, the primary purpose of funds The SPEAKER pro tempore. Under a CELEBRATING THE 60TH made available by this Act should be to previous order of the House, the gen- ANNIVERSARY OF ISRAEL transition the mission of United States tleman from Texas (Mr. CONAWAY) is Armed Forces in Iraq and undertake (Mr. CANTOR asked and was given recognized for 5 minutes. permission to address the House for 1 their redeployment and not to extend Mr. CONAWAY. Madam Speaker, I minute and to revise and extend his re- or prolong the war. rise today to congratulate Clayton W. marks.) A line has been drawn in the sand. Williams, Jr., on his receipt of the Con- Mr. CANTOR. Madam Speaker, 60 The bar was raised, and we will not servation Champion Award from the years ago, outnumbered and under- step back from this. Texas Parks & Wildlife Foundation. equipped, the Jews of beat From so-called blue states to red Claytie, as he is affectionately back five invading Arab armies to win states, from east coast to west, from known, is a favorite son of Texas, not a miraculous victory. Thus, the 2,000- the deep south to the midwest, on to only for his business acumen, but also year-old dream of reestablishing a the great plain states, people are fed for his unending generosity and tireless state in the Jewish ancestral homeland up. They overwhelmingly, time after volunteerism. The Conservation Cham- was realized. time, demand that we end our occupa- pion Award is but the most recent in a Since then, Israel has wrought out of tion of Iraq, bring our troops home and long list of honors that have been be- barren desert and swamp a vibrant and that we also bring military contractors stowed upon him for his philanthropic flourishing state. It has harnessed its home and reaffirm our support of the activities. ingenuity to join the world’s ranks of Iraqi people by funding reconstruction Throughout his life, Claytie has been leaders in science, technology and can- and reconciliation efforts. at the forefront of the conservation cer research. Israel remains a vital ally Our assistance should come through movement. Recently, Claytie and his in the globe’s most dangerous region. diplomacy. Actually through a hand- wife, Modesta, granted one of the larg- And in a post-9/11 world, it is an en- shake, not at the point of a gun. What est conservation easements in Texas couraging reminder that a Democrat is the best way to help the Iraqi peo- history: 60,000 acres spread across two state can maintain its humane prin- ple? By occupying their land or by ranches. By doing so, they have set ciples in the face of unrelenting ter- lending a hand? As I said many, many aside this land for future development rorism. times, I represent the most beautiful and preserved the land’s unspoiled So today, as Hamas rockets continue and most progressive congressional dis- character, picturesque vistas, and nat- to rain on Israeli communities, and trict. Every day my constituents make ural habitat forever. former U.S. Presidents are used by me proud to represent such amazing Madam Speaker, I congratulate Hamas as props in their propaganda people. My own community has col- Claytie today, and my words are re- war, we, in this Congress, stand to reaf- lected supplies for the troops, has do- corded in the CONGRESSIONAL RECORD. firm the enduring 60-year friendship we nated to aid agencies and has gone the It is my wish that this small statement have had with Israel. extra distance by giving straight from about his service will last as long as the heart. the gift he has given to Texas. I hope f One such example is Dominican Uni- that in the distant future when we are b 1700 versity in Marin County. They’ve of- all long passed away, someone finds fered free schooling to Iraqi refugees. SPECIAL ORDERS these words and realizes that there was As part of the Iraqi Student Project, not always a movement to preserve The SPEAKER pro tempore. Under they will receive tuition and fee waiv- open space and there was not always the Speaker’s announced policy of Jan- ers. It may not seem like much to 60,000 acres in southwest Texas kept as uary 18, 2007, and under a previous some, but I can tell you, this generous pristine as they were 100 years ago. order of the House, the following Mem- gift will change lives. The gift Claytie has given the people bers will be recognized for 5 minutes Our communities can make these of Texas will last as long as our Union. each. small but priceless gestures. But the We should remember this man of ex- f real work lies here under the Dome. We traordinary vision and foresight for at have the support of the American peo- least that long. THE REAL BENCHMARK IN THE ple, the Iraqis, and the world commu- Through his leadership and actions, IRAQ POLICY nity. We can’t wait until next year. We the State of Texas, and indeed, all of The SPEAKER pro tempore. Under a can’t wait until the next decade or the America, is more conscious of its nat- previous order of the House, the gentle- next century. ural heritage, more thoughtful of the woman from California (Ms. WOOLSEY) So as this spending bill comes to- land on which we live, and more inter- is recognized for 5 minutes. gether, Americans want to know that ested in preserving all of it for the Ms. WOOLSEY. Madam Speaker, yes- their voices are being heard and, most coming generations. terday as a member of the Foreign Af- importantly, heeded. On behalf of my constituents of the fairs Committee, I participated in one We must stand strong. We must steel 11th District of Texas, I want to ex- of the Petraeus-Crocker hearings. our spines. In November, the House of press my thanks to Clayton and his Sadly, it was just more of the same. We Representatives said that the primary wife, Modesta, for his lifetime of gen- heard doubletalk and nuanced excuse. purpose of all of those Federal dollars erosity, and to congratulate him on the

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.087 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2211 receipt of the Conservation Champion the value of a rupee, which it will soon dividual in a foreign land talking or Award. achieve if we don’t do something to communicating to a foreign individual f turn the tide. in a foreign land. That is right, Madam So our trade deficit grew 5.7 percent Speaker. If an individual who wishes to TRADE POLICY IS CREATING A to $62.3 billion. We could be headed for do our Nation harm is speaking to an- CRISIS a record trade deficit. Now why’s that? other individual who wishes to do us The SPEAKER pro tempore. Under a Because those same goods that we harm, up until 55 days ago, we had an previous order of the House, the gen- don’t make here anymore are more ex- opportunity in this Nation to deter- tleman from Oregon (Mr. DEFAZIO) is pensive now because we’re still buying mine to listen to, to know what kind of recognized for 5 minutes. them with a depreciated dollar. communication that was. But 55 days Mr. DEFAZIO. Madam Speaker, Of course, the nightmare scenario is ago, this leadership in this House chose today, for the first time in 4 decades, the day when oil becomes denominated to let that expire. the House of Representatives stood up in somebody else’s currency and coun- Now why did they choose to let that against yet another bad trade agree- tries refuse to take our currency and expire? Well, what they believe is that ment. Our trade policy is creating a refuse to continue to lend us $2 billion American trial lawyers ought to have crisis. It’s eroding the incomes of the a day. And that day of reckoning may the ability to sue communications middle class. We’re losing our manu- not be far off. companies who share that information facturing base in this country. We’re It’s time for a new trade policy in with the United States government, borrowing $2 billion a day from over- America, one that brings and keeps with our intelligence community, the seas making us vulnerable to countries high-value jobs here at home and gives folks trying to keep us safe. Madam Speaker, back in my district, like China and others who do not have us a future as a great power and a man- the Sixth District of Georgia, the peo- our best interests in mind as they ufacturing power, not as a has-been. ple don’t understand the kind of leader- amount huge piles of our dollars be- The SPEAKER pro tempore. Under a ship that would have the mentality to cause of the trade deficit. previous order of the House, the gen- not allow our intelligence community Now, all the pointy-headed econo- tleman from North Carolina (Mr. to listen to a potential terrorist talk- mists out there, they have a theory. JONES) is recognized for 5 minutes. ing to another potential terrorist out- The theory is when your dollar or your (Mr. JONES of North Carolina ad- side the United States. Not to an currency declines, at some point you dressed the House. His remarks will ap- American, but to somebody who is not kind of get to a point where your idled pear hereafter in the Extensions of Re- an American citizen. Consequently, capacity ramps up, your goods become marks.) Madam Speaker, we are now utilizing less expensive, and the world begins to f the same rules that we had in effect on buy your goods and your trade deficit MAJOR ISSUES AMERICAN PEOPLE September 10, 2001. goes away. Madam Speaker, you hear a lot of I confronted an economist over that ARE DEMANDING CONGRESS AD- DRESS talk about crises across this Nation, vision a couple of years ago, and I said, and our friends on the other side of the The SPEAKER pro tempore. Under a well, that was an interesting theory, aisle talk about the crisis in this and previous order of the House, the gen- you know, 50 years ago. Maybe it even the crisis in that. I’ll tell you what worked. tleman from Georgia (Mr. PRICE) is rec- we’ve got a crisis of in this Congress, But what I said to him was what hap- ognized for 5 minutes. Madam Speaker, and that is a Congress Mr. PRICE of Georgia. Madam pens to the country that doesn’t make of irresponsibility, a crisis of irrespon- anything anymore? Doesn’t that mean, Speaker, it is now 5:10 p.m. on a Thurs- sibility and a leadership that refuses to in fact, as your currency drops, you’re day afternoon. And for most individ- allow this Congress to do its number still addicted to buying the goods made uals across this Nation, this is about one job, which is to protect our citizens overseas or you’re just not going to the end of the fourth working day of and our constituents. have those goods because you don’t the week. For the House, we’ve just make them in the U.S. anymore? completed less than two full days of b 1715 There is no idle capacity to ramp up. work, but if you stretch it, it’s really a Madam Speaker, I call on the Speak- Our companies of wholesale exported little over two. Where’s the House now? er and I call on the majority leader and their manufacturing capacity to Mex- They’ve gone home. Where was the I call on the majority party in the ico and China in the chase for ever House on Monday? Home. Now, that’s House of Representatives to bring the cheaper, more exploitable labor around important because there are important Protect America Act to the floor. It’s a the world which has been encouraged things to do at home. But Madam bill that has bipartisan support. A ma- by our trade agreements. Every other Speaker, it’s important to appreciate jority of individuals in the House have nation on earth has a trade policy to that there are major issues that the said they will support it. It would pass take care of the people of their own American people are demanding that if it were brought up today. But what country. The United States has a trade Congress address. were we talking about today? Bills policy to take care of the corporate We heard about one of them this that didn’t have to do with the security elite in the United States of America afternoon: Gas prices. Gas prices sig- of the United States. and to heck with the rest of our coun- nificantly increased over the last 12 to I urge the Speaker and the majority try or even national security. 15 months, and this Congress has done leader to bring that bill to the floor, So why do I come to the floor today nothing except raise taxes on American allow it to pass as it has in the Senate, to talk about this? Two things: One is oil producers. in a bipartisan way, so that we can re- because we finally stood up against the But the reason I want to bring focus turn home and tell our constituents free trade agreement and the fast-track to the issue of Congress going home is that we acted positively to assist in gimmick that has jammed those things that we are now 55 days into a unilat- protecting them and their families. through time and time and time again. eral disarmament for our Nation. That f The President negotiated it in secret. is right, Madam Speaker. Fifty-five The SPEAKER pro tempore. Under a You, Congress, you can’t mess that up. days ago, this House, the leadership in previous order of the House, the gentle- We will lose respect around the world. the House, chose to allow some amend- woman from Ohio (Ms. KAPTUR) is rec- You’re just gonna take it. You can’t ments to the Foreign Intelligence Sur- ognized for 5 minutes. amend it. And we’ll fix it later. And veillance Act to expire. Now, what did (Ms. KAPTUR addressed the House. later never comes. those amendments do? Those amend- Her remarks will appear hereafter in But the second reason I come to the ments which were adopted shortly the Extensions of Remarks.) floor is because today, to the great sur- after 9/11 allowed, e-d, past tense, al- f prise of those pointy-headed econo- lowed our intelligence community to The SPEAKER pro tempore. Under a mists, our trade deficit got bigger even listen or surveil or intercept phone or previous order of the House, the gen- though we’re in a recession and the electronic communication between, tleman from Indiana (Mr. BURTON) is dollar is dropping like a rock toward Madam Speaker, between a foreign in- recognized for 5 minutes.

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.090 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2212 CONGRESSIONAL RECORD — HOUSE April 10, 2008 (Mr. BURTON of Indiana addressed appear in municipal court twice. In Language Act of 2008, no person has an the House. His remarks will appear April, less than one month before the entitlement to receive Federal docu- hereafter in the Extensions of Re- shooting, the man was in court with a ments and services in languages other marks.) Mexican driver’s license, yet no one than English unless required by law. If f asked him about his immigration sta- the U.S. government is generous tus because of Denver’s sanctuary city enough to make an exception, the ex- SANCTUARY CITY SAN FRANCISCO policy. If the perpetrator had been de- ception does not create a legal entitle- The SPEAKER pro tempore. Under a ported in April, that police officer ment or precedent to additional serv- previous order of the House, the gen- might still be alive. ices in any other language other than tleman from Colorado (Mr. TANCREDO) This tragic case is just one example, English. This essential legislation will is recognized for 5 minutes. and there are countless others. These significantly reduce costs to our Fed- Mr. TANCREDO. Madam Speaker, policies are responsible for thousands eral Government and will encourage some in the most radical elements of of major crimes around our country, new legal immigrants to quickly adopt the pro-illegal immigration groups ad- and could have been prevented. These America’s native tongue. vocate something called ‘‘Recon- irresponsible city leaders gamble not Learning English has always been quista,’’ or that is to say, they want to only with the safety of their own resi- and will continue to be a key step in have that part of the United States dents, but with the residents of neigh- achieving the American Dream. I ap- that was ceded to the United States by boring communities and the entire plaud my fellow colleague in the other the Treaty of Guadalupe Hidalgo. They United States as well. House, Senator JIM INHOFE, for intro- want to have it voided, and either that Madam Speaker, the American peo- ducing identical legislation in the Sen- chunk of America returned to Mexico ple have demanded an end to these dan- ate, and for his continued leadership on or become a second nation. I mean, it’s gerous policies, and Congress has re- this critically important issue. pretty bizarre, but that’s what they sponded by passing legislation to out- Making English the official language push for. law them. So the question is, will of our great land is not just about pre- Sometimes I hear some of the things President Bush allow this rogue mayor serving our culture and heritage. said by some of the officials in San to put the rest of the country at risk, Learning English is an essential step Francisco. And I would suggest that if or will he finally live up to his oath of for our Nation’s newest potential citi- advocates for this Reconquista would office and enforce the law? zens that they must take if they want agree to take San Francisco first, I f to achieve the American Dream. I might be sympathetic to their par- plead with my colleagues to strengthen The SPEAKER pro tempore. Under a ticular point of view. Because some of America by supporting English As the previous order of the House, the gentle- the things that are done, some of the Official Language Act of 2008. statements that are made are quite bi- woman from California (Mr. GEORGE MILLER) is recognized for 5 minutes. f zarre, to say the least, and would indi- The SPEAKER pro tempore. Under a cate a lack of willingness on the part of (Mr. GEORGE MILLER of California addressed the House. His remarks will previous order of the House, the gen- its citizens, or at least expressed by tleman from California (Mr. SCHIFF) is some of its public officials, a lack of appear hereafter in the Extensions of Remarks.) recognized for 5 minutes. willingness to adhere to the laws of (Mr. SCHIFF addressed the House. this United States of America. f His remarks will appear hereafter in The San Francisco Chronicle re- The SPEAKER pro tempore. Under a the Extensions of Remarks.) ported recently that Mayor Gavin previous order of the House, the gen- f tleman from North Carolina (Mr. Newsom announced a new initiative ad- The SPEAKER pro tempore. Under a MCHENRY) is recognized for 5 minutes. vertising his city as a sanctuary for il- previous order of the House, the gen- legal aliens. According to this report, (Mr. MCHENRY addressed the House. tleman from Indiana (Mr. PENCE) is His remarks will appear hereafter in San Francisco plans to spend $83,000 to recognized for 5 minutes. print brochures in half a dozen lan- the Extensions of Remarks.) (Mr. PENCE addressed the House. His guages reassuring illegal aliens that f remarks will appear hereafter in the they are welcome to stay and access Extensions of Remarks.) public services. He went on to declare ENGLISH AS THE OFFICIAL that, we don’t care what your status is, LANGUAGE f we want you to participate in the life The SPEAKER pro tempore. Under a WE CANNOT SAY WE DID NOT of our city. previous order of the House, the gen- KNOW It goes without saying that this is tleman from Georgia (Mr. BROUN) is The SPEAKER pro tempore. Under a dangerous policy, and it makes no recognized for 5 minutes. previous order of the House, the gen- sense in a post 9/11 environment. It’s Mr. BROUN of Georgia. Madam tleman from Virginia (Mr. WOLF) is also a flagrant violation of Federal Speaker, I love America, and I cherish recognized for 5 minutes. law. In 1996, Congress passed and Presi- the values and principles that America Mr. WOLF. In his first speech in the dent Clinton signed immigration en- represents. Those values are increas- British Parliament in 1789 describing forcement legislation making policies ingly threatened today by an erosion of the slave trade, William Wilberforce like San Francisco’s that provide sanc- one of the primary bonds that keeps us concluded telling his colleagues this, tuary to illegal aliens and potential together, a common language. he said, ‘‘Having heard all of this, you terrorists by refusing to report them to Large scale legal and illegal immi- may choose to look the other way, but Federal authorities, making that ac- gration threatens our societal cohesion you can never again say you did not tion illegal, as I say. But unfortunately and America’s shared values when ar- know.’’ for America, the Bush Administration rivals are unwilling to learn English. Not one Member of the 110th Con- doesn’t seem to care. The current policies of our Federal gress can say they do not know about Dozens of major cities have enacted Government actually enable this ero- the Nation’s long-term financial out- these kinds of reckless policies, barring sion when it provides official docu- look which former Comptroller General law enforcement personnel from co- ments in multiple languages. This David Walker said will ‘‘result in a tsu- operation with Federal immigration eliminates any incentive to learn nami of spending and debt that could enforcement efforts, and with disas- English. America’s genius as a melting- swamp our ship of state.’’ trous results I might add. In Denver, a pot Nation has always been promoted According to the Government Ac- sanctuary city, a police officer was by assimilation to a common language, countability Office, America is $5.3 shot and killed and a second officer and that language is English. trillion deep in publicly held debt and critically wounded on Mother’s Day of Today, I am introducing legislation has estimated $54.3 trillion in unfunded 2005 by an illegal alien who was later that declares English to be the official promised benefits if we don’t change arrested. He had been stopped twice for language of the United States Govern- our current course. And that is tril- driving without a license and had to ment. Under the English As the Official lions with a ‘‘T.’’

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.095 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2213 The Social Security Medicare Trust- anxious to hear it. But we cannot con- by their Creator with the unalienable ees Report recently issued only rein- tinue the status quo. Doing nothing is rights of life, liberty and the pursuit of forces the dire condition of our fiscal not acceptable. happiness. Every conflict and battle health. The Medicare Trustees Report Wilberforce’s admonition rings as our Nation has ever faced can be traced concluded that consideration of re- true today as it did in 1789. ‘‘Having to our commitment to this core, self- forms to ensure the financial security heard all this, you may choose to look evident truth. of Medicare must occur, stating, ‘‘the the other way, but you can never again b 1730 sooner the solutions are enacted, the say that you do not know.’’ more flexible and gradual they can be.’’ We know, and it’s on our watch. Let’s It has made us the beacon of hope for The Social Security report echoes this fix it. the entire world. Madam Speaker, it is who we are. sense of urgency, saying, ‘‘The pro- f jected trust fund deficits should be ad- And yet today another day has dressed in a timely manner. Making SUNSET MEMORIAL passed, and we in this body have failed adjustments sooner will allow them to The SPEAKER pro tempore. Under a again to honor that foundational com- be spread over more generations.’’ previous order of the House, the gen- mitment. We have failed our sworn And if those dire projections are not tleman from Arizona (Mr. FRANKS) is oath and our God-given responsibility enough to raise the warning flags, cou- recognized for 5 minutes. as we broke faith with nearly 4,000 ple those with the fact that the value Mr. FRANKS of Arizona. Madam more innocent American babies who of the dollar is falling through the Speaker, I stand once again before this died today without the protection we floor. What more evidence do we need House with yet another Sunset Memo- should have given them. And it seems to realize that our children and grand- rial. too sad to me, Madam Speaker, that children cannot afford to have their It is April 10, 2008, in the land of the this Sunset Memorial may be the only leaders choose to look the other way? free and the home of the brave, and be- acknowledgement or remembrance I was so disappointed that Treasury fore the sun set today in America, al- these children who died today will ever Secretary Paulson’s focus is not on most 4,000 more defenseless unborn have in this Chamber. So as a small gesture, I would ask this issue. I told him today when he children were killed by abortion on de- those in the Chamber who are inclined testified before the State and Foreign mand. That’s just today, Madam to join me for a moment of silent me- Operations Appropriations Sub- Speaker. That’s more than the number committee that I believe he is one of morial to these lost little Americans. of innocent lives lost on September 11 Madam Speaker, let me conclude in the most qualified Treasury Secre- in this country, only it happens every taries our Nation has had. He has a the hope that perhaps someone new day. who heard this Sunset Memorial to- brilliant mind, but his attention isn’t It has now been exactly 12,862 days night will finally embrace the truth on the most fundamental of all issues, since the tragedy called Roe v. Wade that abortion really does kill little ba- the economic future of America. was first handed down. Since then, the bies; that it hurts mothers in ways I was also disappointed that he didn’t very foundation of this Nation has been that we can never express; and that answer my question about the projec- stained by the blood of almost 50 mil- 12,862 days spent killing nearly 50 mil- tions credible rating agencies, such as lion of its own children. Some of them, lion unborn children in America is Moody’s Investment Service, are mak- Madam Speaker, died and screamed as enough; and that the America that re- ing about the U.S. triple-A bond rating they did so, but because it was jected human slavery and marched into being at risk as early as year 2012. I amniotic fluid passing over the vocal Europe to arrest the Nazi Holocaust is also asked Secretary Paulson what the cords instead of air, no one could hear still courageous and compassionate ramifications of this loss would be. He them. enough to find a better way for moth- didn’t answer that question either. And all of them had at least four IM ers and their unborn babies than abor- Just last week, Congressman J things in common. First, they were COOPER and I sat in on a roundtable tion on demand. each just little babies who had done discussion held by Maya MacGuineas So tonight, Madam Speaker, may we nothing wrong to anyone, and each one and the Committee for a Responsible each remind ourselves that our own of them died a nameless and lonely Federal Budget, and they have done a days in this sunshine of life are also death. And each one of their mothers, great job. It was just such a diverse numbered and that all too soon each whether she realizes it or not, will group from the business, finance and one of us will walk from these Cham- never be quite the same. And all the policy communities, former CBO direc- bers for the very last time. gifts that these children might have tors, former OMB directors, think And if it should be that this Congress brought to humanity are now lost for- tanks, political views across the spec- is allowed to convene on yet another trum, the Heritage Foundation and the ever. Yet even in the glare of such day to come, may that be the day when Brookings Institution included. Almost tragedy, this generation still clings to we finally hear the cries of innocent everyone expressed concern about the a blind, invincible ignorance while his- unborn children. May that be the day entitlement crisis we are facing. This tory repeats itself and our own silent when we find the humanity, the cour- is not only an economic issue, it is also genocide mercilessly annihilates the age, and the will to embrace together generational and a moral issue. most helpless of all victims, those yet our human and our constitutional duty You may have read Pete Peterson’s unborn. to protect these, the least of our tiny, editorial in Newsweek this week. He Madam Speaker, perhaps it’s time for little American brothers and sisters ended by quoting Dietrich Bonhoeffer, those of us in this Chamber to remind from this murderous scourge upon our the German pastor who was instru- ourselves of why we are really all here. Nation called abortion on demand. mental in the resistance movement Thomas Jefferson said, ‘‘The care of It is April 10, 2008, 12,862 days since against fascist Germany. He said, ‘‘The human life and its happiness and not Roe versus Wade first stained the foun- ultimate test of a moral society is the its destruction is the chief and only ob- dation of this Nation with the blood of kind of world it leaves to its children.’’ ject of good government.’’ The phrase its own children, this in the land of the I cannot help but wonder what sort of in the 14th Amendment capsulizes our free and the home of the brave. entire Constitution, it says, ‘‘No State future today’s partisan Washington is f leaving to generations to come. If we shall deprive any person of life, liberty can come together, both sides of the or property without due process of PEAK OIL aisle, we can ensure that our children law.’’ Madam Speaker, protecting the The SPEAKER pro tempore. Under and our grandchildren have all the op- lives of our innocent citizens and their the Speaker’s announced policy of Jan- portunity that you and I have had. JIM constitutional rights is why we are all uary 18, 2007, the gentleman from COOPER and I are working together on here. Maryland (Mr. BARTLETT) is recognized the Cooper-Wolf SAFE Commission, The bedrock foundation of this Re- for 60 minutes as the designee of the with over 80 bipartisan cosponsors. public is the clarion declaration of the minority leader. If anyone has another viable plan to self-evident truth that all human Mr. BARTLETT of Maryland. Madam address our entitlement tsunami, we’re beings are created equal and endowed Speaker, I believe that this is the 41st

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.102 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2214 CONGRESSIONAL RECORD — HOUSE April 10, 2008 time that I have come to the floor the rest of the United States. Natural storing huge amounts of it anywhere. since 3 years ago, the 14th day of gas liquids added to that. And then it We have a small strategic reserve in March, to talk about energy, specifi- shows the enormous discovery of oil in our country, small in terms of the oil cally about oil. Alaska, and I have been there to that we use in a year, really small. So Here is a copy of the Washington Prudhoe Bay, Dead Horse, and I have we aren’t storing it anywhere; so what Times today. The main headline: seen the beginning of that 4 foot pipe- we have consumed is what we have pro- ‘‘Global Food Riots Turn Deadly.’’ And line through which for a number of duced. And you see that that shows an then if I turn to the front page ‘‘promo- years now a full fourth of our domestic ever-increasing slope here. ing’’ what’s inside, Business, Gas Hits production of oil flowed. That is now Up through the Carter years, every Record: ‘‘The upward trend in energy tapering off. decade, we used as much oil as we had prices showed no sign of abating yes- The yellow there are the fabled dis- used in all of previous history. I want terday as gasoline set another record coveries of oil in the Gulf of Mexico. you to reflect on that for just a mo- at the pump and crude oil topped $112 a You notice that in his prediction that ment. What that meant was, of course, barrel for the first time in the futures we would reach a peak in 1970, there if we had kept on that trend, when we market.’’ was just a blip in the downward slope had used half of the world’s oil, and it If I go back to the lead article, it produced by the huge discovery in is finite, and when we used half of the says clashes likely to persist with soar- Alaska. He had not included Alaska world’s oil, we would have just 10 years ing prices. ‘‘Anger over spiraling world and the Gulf of Mexico in his pre- of oil left at that rate of usage. food prices is becoming increasingly diction. It was just the lower 48. And Now, in the 1970s, late 1970s, we had violent.’’ This is a quote from the head notice there was hardly a ripple of the oil price spike hikes as a result of of the Rome-based U.N. Food and Agri- those famed discoveries in the Gulf of the Arab oil embargo, and that caused culture Organization: ‘‘World food Mexico. a worldwide recession. You see here prices have risen 45 percent in the last The next chart shows another depic- that the use of oil actually dropped off. 9 months, and there are serious short- tion of the Hubbert Peak. And I show It caused a worldwide recession and we ages,’’ serious shortages, ‘‘of rice, this one because this is used by a woke up. We said we can get things wheat, and corn. U.N. Secretary-Gen- group, CERA, Cambridge Energy Re- done more efficiently. So now with an eral Ban Ki-moon issued a personal ap- search Associates, to try to convince increasing economy, greatly increased peal for calm in yesterday. At you that you should not be alarmed by economy, we are now using oil at an least five people have been reported M. King Hubbert’s prediction, that the ever less increasing rate. This slope, killed in disturbances since last week world would be doing now about the it’s very much less than this slope, and after the cost of rice doubled and gas same thing the United States did in that reflects the increased efficiencies prices rose a third time since Feb- 1970 because he was wrong about the that we have built in. Your air condi- ruary.’’ United States in 1970. They said, you tioner today is maybe three times as This could have been predicted 28 see, his prediction of what the produc- efficient as it was in the 1970s. Your re- years ago. I will explain in a few mo- tion of oil would be are these yellow frigerator is two or three times as effi- ments why I use 28 years ago. It was an triangles and the actual production cient as it was then. absolute certainty that at some point were the green squares and he missed Notice that ever since 1982 or so, we in time, roughly this time, that we it. have been using more oil than we would be here talking about this crisis. Well, maybe a statistician could give found. And we were able to do that be- This first chart is an interesting one. you an analysis which could say he had cause we had these huge reserves back The motorist is looking at today $3 and missed it, but I think to the average here. So what we have been doing ever 30 some cents a gallon for gasoline, and citizen, those two curves look pretty since the early 1980s is dipping into he says, ‘‘Just why is gas so expen- darn similar, don’t they? And I think these reserves and using some of this sive?’’ He has a tiny little supply there the average citizen would say I think oil that we found and didn’t need be- and a huge, big demand in his SUV. he probably got it. We did peak in 1970, cause the area under this curve rep- And, Madam Speaker, that’s why gas and in spite of what we have done then, resents the oil that we have used. And, prices are high. There is more demand in the lower 48, we pretty much fol- obviously, if you add up all these bars, for gas than there is gas available, and lowed that curve. it represents the oil we found, and you the marketplace demands that the And then this is the red now. That in- could put a curve over those, and the price of gasoline go up. cludes the total production which in- area under that curve would then rep- This saga started 52 years ago, the cludes Alaska and the Gulf of Mexico. resent the oil that we found. So we now 8th day of March, in San Antonio, In 1979 M. King Hubbert predicted have used this area here in terms of Texas, when what I believe will be rec- that the world would reach its max- our reserves, and we used about this ognized shortly as the most important imum oil production about now. And much reserves probably; so we have a speech given in the last century was the next chart is a very insightful one. whole bunch left. delivered to a group of oil scientists If you had only one chart to use to dis- So what will the future look like? and engineers and executives in San cuss this subject, this would be the Now, M. King Hubbert predicted that Antonio, Texas. chart that you would use. It shows the the world would be reaching its max- The next chart shows the prediction discoveries of oil. We discovered a imum oil production about now. And that was made in 1956 by M. King whole lot of it back in the 1940s. I actu- this chart you see at about 2008, 2010, it Hubbert, who was this oil geologist. He ally remember those times very well. shows it peaking. Now, you can within was talking to a group of people rep- My first car was a 1936 Ford, made just limits make the future look reasonably resenting the country, our country, 10 years after I was born. Then lots of whatever way you want it to look like, which was then king of oil, producing discoveries in 1950 and the 1960s and but you cannot pump what is not there. more oil, consuming more oil, export- 1970s. And notice what has happened, If you are really aggressive and build a ing more oil than any other country in 1970s, 1980s, 1990s, 2000, down, down, whole lot of wells and flood them with the world. And he told them that in down in discovery. And that’s in spite live steam and pump CO2 down there just 14 years, no matter what we did of ever better techniques for finding and flood them with seawater, which is before or after that, that oil production oil. 3–D seismic and computer modeling what they do in Saudi Arabia, you can would reach a maximum in our country and, boy, we’ve mapped the world, and get the oil out quicker. and after that it would go down, down, we know pretty much where oil is like- down. What he said was audacious and ly to be found because it’s found in b 1745 disbelieved, but 14 years later, in 1970, only very unique geologic formations But what you use now will not be right on schedule, we peaked in oil pro- and we know what they are and we there to use tomorrow. How much duction. know where they likely exist. more will we find? Well, they have And this is a chart which shows that Now, the solid black line here is our shown a smooth discovery curve get- peaking. It shows Texas producing a consumption of oil, and it’s also our ting ever less and less. It won’t be third or so of the oil at that time and production because we haven’t been smooth like that. It will be up and

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.105 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2215 down. But if I were drawing a line and times bigger in 70 years. It is 8 times actly. Our world population has grown projecting it out, I wouldn’t have bigger in 105 years. And it is 16 times from half a billion or so to 7 billion drawn it quite that high. And I don’t bigger in 140 years. people, and most of it, as Hyman Rick- think you would either. You would Now, when your only perspective is over pointed, in the last little while. draw it somewhere below that. I think the next quarterly report or getting And look, I don’t go back 8,000 years. I that is maybe an optimistic assessment yourself through the next election, this only go back 400 years, but if I went of what we will find in the future if 2 percent growth, which in 140 years back the rest of the 8,000 years, it what we have discovered in the past is from now will be 16 times bigger, would still be pretty much down near any measure of what we will discover makes whatever is growing at 2 per- zero. in the future. cent, 16 times bigger may not seem The Industrial Revolution began with The next chart is a chart which M. very important to you. But I have ten wood. And then we found coal. And King Hubbert anticipated. This is an kids and 16 grandkids and two great boy, did it take off when we found gas interesting one because it represents grandkids. And I would sure like them and oil. Now here we see that disconti- data from the two best organizations in to live in a world as comfortable as the nuity in the 1970s, what we have done the world for tracking the production world I live in and to have the opportu- here, of course, is to expand the ordi- and consumption of oil. Because as I nities that I’ve had. nate and compress the abscissa so that said before, we use what we found pret- This yellow here represents a grow- we have a very sharp curve. That is the ty quickly. We haul it across the ing gap. If, in fact, we are at this point, same curve we have seen several times ocean, refine it and use it. This is the and the charts that we have just seen before. But it looks different depending EIA, the Energy Information Adminis- would indicate that we probably are, on the scale you have in the ordinate tration, a part of our Department of then the increasing demand is going to and in the abscissa. The next chart is some data in Energy, and the IEA, the International result in a deficit which will be re- Hyman Rickover’s speech. And it is Energy Association. That one most flected in higher oil prices and higher even more so today. With high energy gas prices at the pump. The big focus people are familiar with because El consumption goes a high standard of that most people are talking about is, Baradei is the head of that. And they living, he said. Thus, the enormous fos- gee, how are we going to fill that gap? have been kind of monitoring what is sil fuel which we in this country con- going on in Iran. You see them fre- Let me suggest, Madam Speaker, that trol feeds machines which make each quently in the newspaper. we are not going to fill that gap. There of us a master of an army of mechan- Notice that for the last 3 years are no readily available substitutes for ical slaves. This was 51 years ago. What roughly they show the production of oil out there. A little bit of this and a he said then is true even more so oil as constant. There have been sev- little of that, if you sum them all up, today. He said that we represent, I eral appeals. You will read about them they are still far short of the amount have seen data a little more than this, in the newspaper: Saudi Arabia, OPEC, of oil we are now using. roughly 35 watts of energy, sleeping won’t you please produce some more Now we are going to continue to have and waking. Standing here and talking oil? What OPEC says is, we think we oil. We are not running out of oil. What here, I am more like a 70-watt bulb. are producing enough oil. I think that we are doing is running out of our abil- That is not very much, is it? As a mat- the correct answer really is, we can’t ity to produce oil as fast as we would ter of fact, if you look at the amount of produce oil any faster than we are pro- like to use it. There will be oil, gas and food which you eat in a day, if you ducing it. I think that they have prob- coal around for another 150 years, ever dried it, if you burned it and made a ably reached their maximum produc- less and less, harder and harder to get, fire of it, it would hardly warm your tion of oil. The little blue line here at higher and higher costs. fingers on a cold day. Just look at the shows what has happened to price, and The next chart is really a quote from C Rations that our military uses and notice in the last year or so what has what I think will shortly be recognized how compact they are. You put water happen to price, up, up, up. perhaps as the most insightful speech in them and they swell up. They look The first time I came to the floor given in the last century, given 51 like a lot. But the actual dry material here, as I said, was a bit more than 3 years ago, the 14th day of this May. there is not much. In fact, he said 51 years ago and oil was, what, 50 and a Hyman Rickover, the father of our nu- years ago, the household appliances couple of dollars a barrel. Now today it clear submarine, gave this speech to a that make life so comfortable for the was $112 a barrel. group of physicians in Saint Paul, Min- family represented the work output of The production of oil has remained nesota. You can find that. There is a 33 men. He said that the machines constant. The demand for oil has gone link in our Website to it, or you can which make our cars and refrigerators up. That is really a simple relation- simply do a Google search for ‘‘Rick- and so forth represent 244 men. Two ship. When the demand for a product is over energy speech,’’ and it will pop up. thousand men push your automobile greater than the supply of the product, It was a really insightful speech. down the road. The energy it takes to people bid it up. It is like at an auc- In the 8,000 years from the beginning move your car down the road is the en- tion. If two or three people want some- of history to the year 2000 AD, world ergy of 2,000 men working. One hundred thing, and there is only one of the population will have grown from 10 thousand men push the locomotive thing they want, they bid it up to ri- million to 4 billion. He kind of missed down the road. And 700,000 men push diculously high levels. And that is that. World population is about 7 bil- the jet plane through the sky. what is happening with oil. To get it, lion people now. With 90 percent of When I first saw the data that said you have to outbid the other guy. And that growth taking place during the that one barrel of oil represented 25,000 so now it is $112 a barrel. last 5 percent of that period, with way man hours of effort, the work output of The next chart is a schematic chart. more than 90 percent of that growth 12 people working all year, I said to And it shows the same curve we have taking place in the last 5 percent of myself, gee, that can’t be. But then I been looking at. And by the way, it is that period. It took the first 3,000 years thought, I have a Prius car. I bought obvious that we can make this curve of recorded history to account the first the first one in Congress and the first really sharp by simply expanding the doubling of population, 100 years from one in Maryland. And a gallon of gaso- ordinate and compressing the abscissa. the last doubling, but the next dou- line is still cheaper than water in the Here it is spread out. But in any event, bling will require only 50 years. As a grocery store, by the way, if you buy it this follows a roughly 2 percent in- matter of fact, it required considerably in the little bottles. I thought about crease in use. That doesn’t sound like less than 50 years. how far that gallon of gasoline takes much, does it? As a matter of fact, our The next chart is not a chart of popu- my car and how long it would take me stock market gets really jittery when lation growth, but it could just as well to pull it those 47 miles that the gallon our growth is only 2 percent. It is going have been. This is a chart showing the of gasoline takes my car. I said, gee, it to have to get over that, Madam increase in energy availability, our is probably true that one barrel of oil Speaker, because we can’t continue 2 consumption of energy. And if I super- represents the work output of 12 people percent growth forever. With 2 percent impose on this a chart of population working all year. Now we are the bene- growth, it doubles in 35 years. It is four growth, it would follow this almost ex- ficiaries of an incredible quality of life

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.106 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2216 CONGRESSIONAL RECORD — HOUSE April 10, 2008 which is the result, the direct result of it. We are now at the pinnacle of the out there. Obviously it isn’t all oil, and our access to all of this energy. Golden Age. Will it be in another 150 it is not going to last forever. The next chart is another quote from years as these fossil fuels become less ‘‘So as to provide a safer margin for Hyman Rickover, whether this Golden and less available at higher and higher the necessary adjustments which even- Age, and it is a golden age. Nobles of costs? tually will be made in a world without old lived nowhere near as well as we The exact length of time that these fossil fuel.’’ live today. The poorest in our country, reserves will last is important in only A year ago, Christmas-New Year’s maybe it’s not quite true in other one respect. The longer they last, the break, I led a codel of nine to China to countries, live better than nobles of more time that we have to invent ways talk about energy. They began their yesteryear because of the incredible ac- of living off renewable or substitute en- discussion of energy by talking about cess that we have to this energy. ergy sources and to adjust our econ- post-oil. In an environment where it is Whether this Golden Age will continue omy to the vast changes which we can hard for us to see beyond the next depends entirely upon our ability to expect from such a shift. Fifty-one quarterly report or the next election, keep energy supplies in balance with years ago. Really prophetic. they are looking generations and cen- the needs of our growing population. Madam Speaker, with this kind of in- turies down the road. There will be a Now we haven’t done that or we sightful advice 51 years ago, with head- post-oil world. It is not going to be to- wouldn’t have headlines like this lines like this in the paper, with these tally post-oil for about another 150 today: ‘‘Global food riots turn deadly.’’ four reports paid for by our govern- years, but increasingly there is going In a few moments, I will discuss the ment, why haven’t we done something? to be less and less, higher and higher relationship between those global food Why aren’t we doing something? costs, more and more difficult to get. riots and this other headline: ‘‘Gas hits The next chart is just kind of a re- b 1800 a record.’’ peat of the wise advice he has been giv- Possession of surplus energy is, of ‘‘Fossil fuels resemble capital in the ing. ‘‘High energy consumption has al- course, a requisite for any kind of civ- bank.’’ ways been a prerequisite of political ilization. For if man possesses merely I love this statement. ‘‘A prudent and power. Ultimately the nation which the energy of his own muscles, he must responsible parent will use his capital controls the largest energy resources expend all his strength, mental and sparingly in order to pass on to his will become dominant.’’ I am going to show a chart a little physical, to obtain the bare necessities children as much as possible of his in- later that shows that China is buying of life. heritance. A selfish and irresponsible This article on food notes that in parent will squander it in riotous liv- up energy oil all over the world. They much of the third world, 50 to 60 per- ing, and care not one whit how his off- kind of understand that. ‘‘If we act cent of the income of the family goes spring will fare.’’ wisely and in time to conserve what we have and prepare well for necessary fu- to food. Do you know what that is in With the shortages in oil, which have ture changes, we shall ensure this dom- our country? It is less than 10 percent. driven up the price of gasoline, they inant position for our own country.’’ Food doubling in price in our country want me to vote to drill in ANWR and offshore. I have got 10 kids, 16 I will show a chart in a few moments doesn’t mean much. But if you’re pay- that shows we have 2 percent of the oil, ing 50 percent of your income to buy grandkids and two great-grandkids, and I ask them, if you can drill in we use 25 percent of the world’s oil, and food, and it doubles in price, then it import almost two-thirds of what we takes 100 percent of your income to ANWR tomorrow, what would you do the day after tomorrow? And there will use. We don’t even come close to fol- buy that food. So it really, really is im- lowing the wise advice that he gave 51 portant to the poor of the world. be a day after tomorrow. We are leaving our kids a horrendous years ago. A reduction of per capita energy con- Now, four studies, and here they are. debt, growing by leaps and bounds. Not sumption has always, in the past, led The Hirsch Report, February 2005. This with my vote, if you will check the to a decline in civilization and a rever- is a big study done by SAIC, Science sion to a more primitive way of life. record, but we are leaving them that Applications International Corpora- The next is another quote in from debt. And I ask those who would like tion, a big prestigious international Hyman Rickover. By the way, Madam me to vote to drill in ANWR and off- corporation, paid for by our Depart- Speaker, I am going through these shore, wouldn’t it be nice if I left my ment of Energy. quotes, and then I am going to use kids and my grand-kids and my great Here is a second report paid for by quotes from four studies that our gov- grandkids a little energy to deal with the U.S. Army Corps of Engineers, paid ernment has paid for with our tax- this horrendous debt? for by the Army, done by the Corps: payers’ money and then ignored. And The next is a quote also from Hyman ‘‘Energy Trends and Their Implications what I am going to be asking is, with Rickover. You can see why I believe for U.S. Army Installations.’’ It could this history, with this great speech this will be shortly recognized as per- have been U.S. or world, because our given by Hyman Rickover 51 years ago, haps the most insightful speech given army is a microcosm of the U.S. and and with the warnings in these four in the last century. ‘‘I suggest this is a world. studies released over the last several good time to think soberly about our A second Hirsch Report, ‘‘Peaking of years, why aren’t you hearing more responsibility to our descendants.’’ World Oil Production, Recent Fore- about a meaningful program to address Wow, 51 years ago, and there are very casts.’’ this energy challenge that we face? few who are thinking soberly at all Then the third of these reports, There is nothing man can do to re- about this today. which your government has asked for build exhausted fossil fuel reserve. ‘‘I suggest this is a good time to and paid for, as a matter of fact, this They were created by solar energy a think soberly about our responsibil- one I asked for as a senior member of long time ago, he says 500 million years ities to our descendants, those who will the Science Committee, this is done by ago, it took eons to grow to their ring out the fossil fuel age. We must GAO. ‘‘Crude Oil. Uncertainty About present volume. In the face of the basic give a break to these youngsters by Future Oil Supply Makes It Important fact that fossil fuel reserves are finite, cutting fuel and metal consumption.’’ To Develop a Strategy for Addressing a that’s a great statement. Just reflect Wow. 51 years ago. And what we have Peak and Decline in Oil Production.’’ on this. done since then, with no more responsi- Where have you heard anybody talking The exact length of time that these bility than the kids who found the about this strategy? Where have you reserves will last is important in only cookie jar or the hog who found the read about this strategy in the news- one respect. feed room door open, we just have been paper? This is a GAO report, February Now he didn’t know how long they pigging out on energy, as if it were for- 2007. were going to last because he didn’t ever, as if there was an endless supply. The last of the studies. ‘‘Hard Truths. know how long this Golden Age will It is obviously finite. The moon isn’t Facing the Hard Truths About Energy. last. But we now know pretty much. It made out of green cheese and the Earth Comprehensive View to 2030 of Global will be, Madam Speaker, about 300 isn’t made out of oil. I see chairs and Oil and Natural Gas,’’ done by the Na- years long. We are about 150 years into trees and grass and sticks and stones tional Petroleum Council.

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.107 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2217 I have quotes from all but the last of tricity. More nuclear, wind, solar, with cent. So the actual discoveries in red these. This is the newest one, and I will appropriate storage for those two be- here have been following the 95 percent get some quotes to include. They are cause they are intermittent, more probability. So I would be very sus- saying essentially the same thing as hydro, true geothermal. We can in picious of projections using USGS data, these others. some parts of our country tap the mol- which is where this comes from, of fu- The next chart and the first few ten core of the Earth, as they do for all ture oil production. charts will be quotes from the Hirsch of their energy in . I think we The next chart addresses this, and Report. I am going to spend a lot of can make reasonably as much elec- this is Jean Laherrere, one of the time this evening going over the infor- tricity as we ought to be using. I am world’s giants in this area. It says, mation that has been available to all of not at all sure that is true about liquid ‘‘The USGS estimate implies a five-fold us, to our leaders, and I am going to fuels. The substitutes for oil are just increase in discovery and reserve addi- keep asking the questions, how come it few and difficult, as we will see. tion, for which no evidence is pre- has been ignored? The next chart is an interesting one sented. Such an improvement in per- The Hirsch Report: ‘‘World oil peak- from the Hirsch Study. Most of the formance is in fact utterly implausible, ing is going to happen. World produc- world’s experts believe that we have given the great technological achieve- tion of conventional oil will reach a found about 2 trillion barrels of recov- ments of the industry over the past 20 maximum and decline thereafter. That erable oil. There is a lot more out years, the worldwide search, and the maximum is called the peak. A number there, but it is locked in tiny little deliberate efforts to find the largest re- of competent forecasters project peak- droplets in between grains of sand and maining prospects.’’ ing within a decade.’’ This was several shale and so forth, and with present I think he is right. I think there is years ago. Others contend it will occur technology we are likely not going to little probability that we are going to later. get it. And the cost of ever getting it find huge amounts of additional oil. As Prediction of the peaking is ex- may exceed its value when you get it, a matter of fact, most of the world’s tremely difficult. In fact, you only so it is maybe not practically recover- experts believe we have probably found know it has peaked after you look back able. about 95 percent of all that we will ever and say gee, it was the highest back Well, there are some people who be- find. then. No matter what we do, we can’t lieve that we are going to find as much The next chart, and now we have a get more. So you will know it has more oil as all the reserves that we series of charts we will go through peaked only in retrospect when you now know exist. And this is an inter- quickly from the Corps of Engineers look back to see that it has peaked. esting chart, because instead of talking study, this was the second one done. Oil peaking presents a unique chal- about roughly 2 trillion barrels, they ‘‘Oil is the most important form of en- lenge. The world has never faced a are talking about 3 trillion barrels of ergy in the world today. Historically, problem like this. There is no prece- oil. Even if that is true, this is the no other energy source equals oil’s in- dent in history to guide you. There is same curve we saw before, remember, trinsic qualities of extractability, nothing that has happened in the past the stutter in the seventies with the transportability, versatility and cost.’’ which will help you through this. The worldwide recession, slower growth It is incredible, the energy density of world has never faced a problem like now, peaking now if we don’t find any oil and all the things that you can do this. ‘‘Without massive mitigation,’’ more. They say if we find as much with it. We live in a plastic world, a more than a decade before the fact, the more oil as all the oil we now know ex- huge petrochemical industry. All of chart you saw a little earlier, remem- ists which is recoverable, it will extend that starts with gas and oil, and some ber, EIA, IEA, 3 years, flat plateau, the peak only to 2016. Wow. That is the coal. Because once you have this long looks like we peaked now. He says power of compound growth. hydrocarbon chain, whether it is gas or ‘‘Without massive mitigation,’’ more After the discovery of nuclear en- coal or oil, the chemist can do with it than a decade before the fact, ‘‘the ergy, Albert Einstein was asked, ‘‘Dr. about what he wishes. problem will be pervasive and will not Einstein, what will be the next big en- b 1815 be temporary. Previous energy transi- ergy force in the world?’’ He said, ‘‘The tions, wood-to-coal and coal-to-oil were most powerful force in the world is the The qualities that enabled oil to take gradual, and evolutionary oil peaking power of compound interest, compound over from coal as the front line energy will be abrupt and revolutionary.’’ growth.’’ Poorly understood. But that source for the industrialized world in The next chart, additional quotes is what we are seeing here. the middle of the 20th century are as from this report. ‘‘The peaking of So if we found, which we are not relevant today as they were then. world oil production presents the U.S. going to, a little, vanishing small pos- The next chart is a really interesting and the world with an unprecedented sibility that we are going to do that, one. This is a study done by very risk-management problem. The world but if we found as much more oil as all knowledgeable people. The current has never faced a problem like this. As the oil which now is known to be recov- price of oil is in the $45 to $57 per bar- peaking is approached, liquid fuel erable, it would push the peak out only rel range and it’s expected to stay in prices and price volatility will increase to 2016. And this curve shows what that range for several years. It is $112 a dramatically,’’ $112 a barrel, ‘‘and, would happen if you use heroic tech- barrel today. without timely mitigation, the eco- niques and enhanced oil recovery and They all missed it, friends. M. King nomic, social and political costs will be get it out of the ground quicker. Then Hubbert was right. The United States unprecedented. Food riots. People you fall off a cliff. You can’t pump peaked in 1970. I use 28 years that we killed.’’ what you have not found. have blown. That’s because by 1980, 28 Well, we will talk in just a few mo- The next chart is an interesting years ago, we absolutely knew, looking ments about the relationship between chart that shows the projections of our back that M. King Hubbert was right oil and food so that you will see why EIA, the Energy Information Adminis- about 1970. We did peak in 1970. the crisis in energy is reflected in this tration. I don’t have time to go into In 1979 he made the prediction the crisis in food availability. the strange use of statistics here, but world would be peaking and, let me ask The next chart is another one from somehow they went from a frequency you, if M. King Hubbert was right the Hirsch Report. ‘‘We cannot con- mode to a probability mode, and they about the United States and if, in spite ceive of any affordable government- somehow have reached a conclusion of drilling more oil wells than all the sponsored crash program to accelerate that a 50 percent probability is more rest of the world put together, why normal replacement schedules.’’ This is probable than a 95 percent probability. should we not be concerned about his going to be a new world. We are going So they were projecting that this prediction that the world would be to have to think differently. We are green is where we were going with the peaking in oil about now? going to have to use energy differently. discovery of oil. This is the 95 percent Don’t you think that someone might As far as fossil fuels are concerned, I probability. This is the 5 percent prob- have said, gee, M. King Hubbert was think the Hirsch Report is exactly ability. And, as one would expect, 95 right about the United States? Isn’t right. I am more sanguine about elec- percent is more probable than 50 per- the United States a microcosm in the

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.109 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2218 CONGRESSIONAL RECORD — HOUSE April 10, 2008 world? Mightn’t he be right about the words, this is worth a few thousand We have 1.3 billion people. They have world and shouldn’t we be doing some- words. This shows you the same thing got to have oil. I’m sorry, we can’t thing about that? as those last couple of charts. share it. If they are going to make that Oil prices may go significantly high- But, boy, is this dramatic. This a reality, they have to have a Navy big er. They have, indeed, and some have shows you what the world would look enough to control the world’s shipping predicted prices ranging up to $180 a like if the size of the country was rel- lanes. barrel in a few years. Goldman Sachs ative to how much oil it had. Look at Talking about geopolitical con- says that oil may very well be $150 to Saudi Arabia. It dominates the land- sequences, a statement by our Sec- $200 a barrel by the end of this year. scape and, indeed, in the oil world, it retary of State, Condoleezza Rice, ‘‘We The next chart, another one from the dominates the landscape. It has 22 per- do have to do something about the en- Corps of Engineers, petroleum expert cent of all the known reserves of oil in ergy problem.’’ Boy, this was 2006, 2 Colin Campbell, Jean Laherrere, Bryan the world. years ago. What have we done about Fleay, Roger Blanchard, Richard Dun- Little , Saddam Hussein the energy problem in the last 2 years? can, Walter Younquist and Albert Bart- thought it looked like a little corner We do have to do something about the lett, no relative of mine, I wish I had province in Iraq. Iran, first, second, energy problem. some of his genes. He has given his third, fourth, northern Africa, our I can tell that you nothing has really speech on energy, I think, over 1,600 neighbor to the south, Venezuela, Hugo taken me aback more than the Sec- times. Chavez, dwarfs us, what, three, four, retary of State about the way of the Do a Google search for Albert Bart- five times as much oil? politics of energy. I will use the word lett and energy. It will be the most 1- Here we are, the United States, using ‘‘warping’’ diplomacy around the hour lecture you have ever listened to. a fourth of all the oil in the world, and world. We have simply got to do some- Using various methodologies, all esti- we have 2 percent of the known re- thing about the warping now of diplo- mated that a peak in conventional oil serves of oil in the world. The two matic effort for the all-out rush for en- production will occur in 2005. It’s 2008, countries from which we get our most ergy supply. I think it probably has occurred. oil, that changed a couple of days ago. She recognized that 2 years ago this The corporate executive officers of By the way, it used to be Canada and month. What have you seen your coun- these several companies also published then Mexico. I think it’s Canada, Saudi try doing about that in the last 2 estimates of a peak in 2005. The next Arabia and then Mexico now. That has years? Why this gross denial? I think chart from the GAO, and now I move to because the second largest oil field in the evidence is clear to a third grader. the third of the GAO studies, this the world, the Cantarell oil field in The next chart, a very recent one, shows this large number of experts, of Mexico, is in rapid decline, so they can- January 22 of this year, ‘‘By the year sources, and when they thought peak not produce at the rates they produced 2100, the world’s energy system will be would occur. Now, some of them are before. radically different from today. The pretty indecisive. Kind of keep this map in your mind. It could be now, it could be a long, world’s current predicament limits our long time from now. But notice that a Look at China and India over there. maneuvering room. We are experi- great many of them thought they Here they are. Look at , huge encing a step change in the rate of would be occurring about now. There is compared to China and India. China growth energy demand.’’ a general consensus, and this was pub- and India together have no more oil Shell estimates that after 2015 easy- lished 2, 3 years ago, general consensus, than we, and they have, what, a third to-supply that easy access to oil and that peaking would be occurring about of the world’s population, rapidly- gas will no longer be able to keep up now. growing demand for oil. In some parts with demand. It may be sooner that Another chart from GAO, and this of Beijing, bicycles are now banned. than that, but that is not very far kind of puts things in perspective, the There isn’t room for them on the roads away. As a result, society has no little bar on the right shows the top 10 because there are so many automobiles choice but to add other sources of en- oil and gas companies on the basis of there. ergy. oil reserves. Who has the oil, and 98 The next chart simply shows some We have only a few minutes remain- percent of that is resident in countries numbers that I have been using. Two ing. Let’s put the next the chart up. where the oil is owned by the country. percent of the world’s reserves con- This chart addresses some of those Luke Oil, which is kind of not owned sume 25 percent of the world’s oil, im- other sources of energy. by the government, represents only 2 port almost two-thirds of what we use. I will tell you that we are very much percent. Less than 5 percent of the world’s pop- like the young people whose grand- The left, and this is the top 10 oil and ulation, one person in 22, produce 8 per- parents have died and left them a big gas companies on the basis of produc- cent of the world’s oil from only 2 per- inheritance. They now have established tion. This is how much they have, this cent. a lavish lifestyle where 85 percent of all is how much they produced. The giants What that means is we are pumping the money they spend comes from their that you read about every day making our wells four times faster than the av- grandparents’ inheritance, and only 15 $40 billion a year profits, and, by the erage, right. So we now have only 2 percent of that money are they earn- way, it’s not their fault. It’s not be- percent of the reserves. We are pump- ing. And they look at how old they are, cause they are gouging you. It’s not be- ing on down really fast, we are really and the size of the inheritance, and it’s cause they are schemers. It’s simply good at that. We have more oil wells going to run out long before they re- they are simply happy recipients of a that I mentioned than all the rest of tire. windfall that results when you want to the world put together. Obviously, they have got to do some- use more oil than there is, and that The next chart is a really interesting thing. They either have to earn more drives the prices up. one. This shows what China has been or spend less. That’s precisely where I wouldn’t be critical of the profits. I doing. They are going around the we are with energy. Eighty-five percent would really be critical if they didn’t world. You see the big symbols there of the energy that we are using, coal, use the profits properly. for China going around the world and petroleum and natural gas, comes from Our giants, ExxonMobil, Royal buying oil. They almost bought Unocal fossil fuels, the grandparents’ inherit- Dutch, BP, produce only 22 percent of in our country. They are buying oil ev- ance. It’s finite, it will run out. the world’s oil and 78 percent of the erywhere. In today’s economy that Only 15 percent of that is from other world’s oil is produced by these coun- doesn’t make much sense because who- sources, generally referred to as renew- try-owned companies. ever has the dollars gets the oil. So able sources. A bit more than half of The next chart shows essentially the why are they buying oil? that comes from nuclear. We produce 8 same thing in another form. Here we At the same time they are buying oil, percent of our total energy from nu- see the OPEC oils, Saudi Arabia and they are also aggressively building the clear, that’s 20 percent of our elec- OPEC and the remainder. largest blue-water Navy in the world. tricity. The next chart, now, I like this one Might the time come that the Chinese We have the largest nuclear elec- because if a picture is worth 1,000 tell us, gee, I am sorry, the oil is ours? tricity production in the world, but not

VerDate Aug 31 2005 01:17 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.111 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2219 the biggest percentage. France pro- We are the most creative innovative Ms. GINNY BROWN-WAITE of Florida duces about 75, 80 percent of their elec- society in the world. We are up to this (at the request of Mr. BOEHNER) for tricity from nuclear. with proper leadership. I am looking today after 2 p.m. on account of a fam- Then the 7 percent, now this is 2000, for that leadership. We are up to this. ily medical emergency. things have changed a little since then. We need a program that has a total f Solar, 1 percent; wind, 1 percent, that’s commitment of World War II. I lived SPECIAL ORDERS GRANTED the .07 percent, so it has increased through that war. I know what it was. four-fold, 2.8 percent, big deal, .28 per- Everybody raised a victory garden. No By unanimous consent, permission to cent, 1⁄4 of 1 percent? I am a big fan of cars were made in 1943, 1944 and 1945. address the House, following the legis- nuclear. We needed the technology focus of put- lative program and any special orders I have an off-grid home, and I use ting a man on the moon, and we needed heretofore entered, was granted to: solar panels, I use wind machines. I am the urgency of the Manhattan project. (The following Members (at the re- a big fan of wind and solar. But they quest of Mr. DEFAZIO) to revise and ex- 1830 are now tiny contributors to our total b tend their remarks and include extra- energy supply. We can lead the world in moving neous material:) Wood, that’s not the mountain fam- from fossil fuel dependency to renew- Ms. WOOLSEY, for 5 minutes, today. ily, that’s the paper industry and the ables. We are creative and innovative. Mr. DEFAZIO, for 5 minutes, today. timber industry wisely using a waste We need leadership to do this. Ms. KAPTUR, for 5 minutes, today. product. Waste, that looks huge, and I want to show you that we can do it. Mr. GEORGE MILLER of California, for it’s not a bad idea to turn your waste We can live very happily on less. On 5 minutes, today. into electricity. You can do that. We this chart, here we are, using more en- Mr. SCHIFF, for 5 minutes, today. have a great plant up here in northern ergy than anybody else in the world. (The following Members (at the re- Montgomery County. And there are 24 countries using con- quest of Mr. PRICE of Georgia) to revise But that waste stream is not a solu- siderably less energy than we who feel and extend their remarks and include tion to our problem, because what that better. This is how good you feel about extraneous material:) waste stream represents, just go to the your station in life, they feel better Mr. POE, for 5 minutes, April 17. county dump and look at it. What that about their station in life than we. Mr. JONES of North Carolina, for 5 waste stream represents is a profligate The very last chart, in the very few minutes, April 17. use of fossil fuels. In a fossil fuel defi- seconds remaining, this shows you that Mr. BROUN of Georgia, for 5 minutes, cient world it’s not going to be there. Californians use only about 65 percent today. It’s an expedient for the moment. It as much electricity as the rest of us in Mr. PENCE, for 5 minutes, today. doesn’t even come close to offering a the United States. Challenge any Cali- Mr. WOLF, for 5 minutes, today. rational solution to our problem. fornian to admit that they live less Mr. PRICE of Georgia, for 5 minutes, Conventional hydro, we probably well than we live. today. peaked out in conventional hydro. We We don’t have to use the amounts of (The following Member (at his re- can do a lot of microhydro. There are energy that we are using today to be quest) to revise and extend his remarks some really good microturbines now. and include extraneous material:) Alcohol, let me come back now, I comfortable, to feel good about life. I really feel challenged by this. We Mr. FRANKS of Arizona, for 5 minutes, only have a couple of minutes remain- today. ing. I want to make the tie between are the most creative, innovative soci- our food problems and the gas prices. ety in the world. We can do this. We f We have a program of converting can once again become a manufac- BILL PRESENTED TO THE corn to ethanol. The National Academy turing country. We can lead the world PRESIDENT in this. of Sciences have said that if we used all Lorraine C. Miller, Clerk of the of our corn for ethanol, all of it, and Madam Speaker, I am 82 years old on my next birthday; and there is nothing House, reports that on April 7, 2008, she discounted for fossil fuel input, it presented to the President of the would displace 2.4 percent of our gaso- in my life, and I have seen more of life than every other Member of this Con- United States, for his approval, the fol- line. They said that if you tuned up lowing bill. your car and put air in the tires, you gress except RALPH HALL who is 3 years would save as much. older than I, and I have seen nothing in H.R. 1593. To reauthorize the grant pro- my life that is so challenging, so ex- gram for reentry of offenders into the com- Now, corn doubled in price because munity in the Omnibus Crime Control and we were doing that. Farmers diverted hilarating as this. Safe Streets Act of 1968, to improve reentry land from soybeans and wheat to corn. We are up to this. We need the lead- planning and implementation, and for other So now we have doubled the price of ership; where is it? purposes. corn, roughly doubled the price of soy- f f beans. Since these commodities moved MESSAGE FROM THE SENATE together, the price of rice has doubled. ADJOURNMENT Now we have global food riots turned A message from the Senate by Ms. Mr. BARTLETT of Maryland. Madam deadly. What one U.N. official said was Curtis, one of its clerks, announced Speaker, I move that the House do now what we did innocently, we just hadn’t that the Senate has passed a bill of the adjourn. thought it through, that what we did following title in which the concur- The motion was agreed to; accord- was a crime against humanity. rence of the House is requested: ingly (at 6 o’clock and 31 minutes Our trifling contribution to dis- S. 2739. An act to authorize certain pro- p.m.), under its previous order, the placing oil has doubled the price of grams and activities in the Department of House adjourned until Monday, April corn, nearly doubled the price of soy- the Interior, the Forest Service, and the De- 14, 2008, at 12:30 p.m., for morning-hour beans and rice. There are people who partment of Energy, to implement further debate. spend 50 to 60 percent of their income the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana f on food. If the food price doubles, they Islands in Political Union with the United OATH OF OFFICE MEMBERS, RESI- are spending 100 percent of their in- States of America, to amend the Compact of come on food. No wonder they are riot- DENT COMMISSIONER, AND DEL- Free Association Amendments Act of 2003, EGATES ing. and for other purposes. Well, this was an unintended con- f The oath of office required by the sequence. The last chart, we have only sixth article of the Constitution of the a couple of minutes remaining, and I LEAVE OF ABSENCE United States, and as provided by sec- just want to say that I find this chal- By unanimous consent, leave of ab- tion of the act of May 13, 1884 (23 Stat. lenge really exhilarating. There is no sence was granted to: 22) to be administered to Members, exhilaration like the exhilaration of Mr. BISHOP of New York (at the re- Resident Commissioner, and Delegates meeting and overcoming a big chal- quest of Mr. HOYER) for today after 11 of the House of Representatives, the lenge. a.m. on account of business in district. text of which is carried in 5 U.S.C. 3331:

VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K10AP7.112 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2220 CONGRESSIONAL RECORD — HOUSE April 10, 2008 ‘‘I, AB, do solemnly swear (or af- Elton Gallegly, Scott Garrett, Jim Gerlach, Jose´ E. Serrano, Pete Sessions, Joe Sestak, firm) that I will support and defend Gabrielle Giffords, Wayne T. Gilchrest, John B. Shadegg, Christopher Shays, Carol the Constitution of the United Kirsten E. Gillibrand, Paul E. Gillmor, Phil Shea-Porter, Brad Sherman, John Shimkus, States against all enemies, foreign Gingrey, Louie Gohmert, Charles A. Gon- Heath Shuler, Bill Shuster, Michael K. Simp- zalez, Virgil H. Goode, Jr., Bob Goodlatte, son, Albio Sires, Ike Skelton, Louise and domestic; that I will bear true Bart Gordon, Kay Granger, Sam Graves, Al McIntosh Slaughter, Adam Smith, Adrian faith and allegiance to the same; Green, Gene Green, Rau´ l M. Grijalva, Luis V. Smith, Christopher H. Smith, Lamar Smith, that I take this obligation freely, Gutierrez, John J. Hall, Ralph M. Hall, Phil Vic Snyder, Hilda L. Solis, Mark E. Souder, without any mental reservation or Hare, Jane Harman, J. Dennis Hastert, Alcee Zachary T. Space, John M. Spratt, Jr., Jack- purpose of evasion; and that I will L. Hastings, Doc Hastings, Robin Hayes, ie Speier, , Bart Stupak, John well and faithfully discharge the Dean Heller, Jeb Hensarling, Wally Herger, Sullivan, Betty Sutton, Thomas G. duties of the office of which I am Stephanie Herseth, Brian Higgins, Baron P. Tancredo, John S. Tanner, Ellen O. Hill, Maurice D. Hinchey, Ruben Hinojosa, about to enter. So held me God.’’ Tauscher, Gene Taylor, Lee Terry, Bennie G. Mazie K. Hirono, David L. Hobson, Paul W. Thompson, Mike Thompson, Mac Thorn- has been subscribed to in person and Hodes, Peter Hoekstra, Tim Holden, Rush D. berry, Todd Tiahrt, Patrick J. Tiberi, John filed in duplicate with the Clerk of the Holt, Michael M. Honda, Darlene Hooley, F. Tierney, Edolphus Towns, Niki Tsongas, House of Representatives by the fol- Steny H. Hoyer, Kenny C. Hulshof, Duncan Michael R. Turner, Mark Udall, Tom Udall, lowing Member of the 110th Congress, Hunter, Bob Inglis, Jay Inslee, Steve Israel, Fred Upton, Chris Van Hollen, Nydia M. pursuant to the provisions of 2 U.S.C. Darrell E. Issa, Jesse L. Jackson, Jr., Sheila Vela´ zquez, Peter J. Visclosky, Tim Walberg, Jackson-Lee, William J. Jefferson, Bobby 25: Greg Walden, James T. Walsh, Timothy J. Jindal, Eddie Bernice Johnson, Henry C. Walz, Zach Wamp, Debbie Wasserman JACKIE SPEIER, California, Twelfth. ‘‘Hank’’ Johnson, Jr., Sam Johnson, Tim- Schultz, Maxine Waters, Diane E. Watson, f othy V. Johnson, Stephanie Tubbs Jones, Melvin L. Watt, Henry A. Waxman, Anthony Walter B. Jones, Jim Jordan, Steve Kagen, D. Weiner, Peter Welch, , Jerry OATH FOR ACCESS TO CLASSIFIED Paul E. Kanjorski, Marcy Kaptur, , INFORMATION Weller, Lynn A. Westmoreland, Robert Patrick J. Kennedy, Dale E. Kildee, Carolyn Wexler, Ed Whitfield, Roger F. Wicker, Under clause 13 of rule XXIII, the fol- C. Kilpatrick, Ron Kind, Peter T. King, Charles A. Wilson, Heather Wilson, Joe Wil- lowing Members executed the oath for Steve King, Jack Kingston, Mark Steven son, Robert J. Wittman, Frank R. Wolf, access to classified information: Kirk, , John Kline, Joe Knollen- Lynn C. Woolsey, David Wu, Albert Russell berg, John R. ‘‘Randy’’ Kuhl, Jr., Ray Neil Abercrombie, Gary L. Ackerman, Rob- Wynn, John A. Yarmuth, C. W. , LaHood, Doug Lamborn, Nick Lampson, Don Young. ert B. Aderholt, W. Todd Akin, Rodney Alex- James R. Langevin, Tom Lantos, Rick ander, Thomas H. Allen, , Rob- Larsen, John B. Larson, Tom Latham, Ste- f ert E. Andrews, Michael A. Arcuri, Joe Baca, ven C. LaTourette, Robert E. Latta, Barbara Michele Bachmann, Spencer Bachus, Brian Lee, Sander M. Levin, Jerry Lewis, John EXECUTIVE COMMUNICATIONS, Baird, Richard H. Baker, Tammy Baldwin, J. Lewis, Ron Lewis, John Linder, Daniel Li- ETC. Gresham Barrett, John Barrow, Roscoe G. pinski, Frank A. LoBiondo, David Loebsack, Under clause 8 of rule XII, executive Bartlett, Joe Barton, Melissa L. Bean, Xa- Zoe Lofgren, Nita M. Lowey, Frank D. vier Becerra, Shelley Berkley, Howard L. communications were taken from the Lucas, Daniel E. Lungren, Stephen F. Lynch, Speaker’s table and referred as follows: Berman, Marion Berry, Judy Biggert, Brian Carolyn McCarthy, Kevin McCarthy, Michael P. Bilbray, Gus M. Bilirakis, Rob Bishop, T. McCaul, Betty McCollum, Thaddeus G. 5983. A letter from the Comptroller, De- Sanford D. Bishop, Jr., Timothy H. Bishop, McCotter, Jim McCrery, James P. McGov- partment of Defense, transmitting a report Marsha Blackburn, Earl Blumenauer, Roy ern, Patrick T. McHenry, John M. McHugh, of a violation of the Antideficiency Act by Blunt, John A. Boehner, Jo Bonner, Mary Mike McIntyre, Howard P. ‘‘Buck’’ McKeon, the Department of the Army, Case Number Bono, John Boozman, Madeleine Z. Bordallo, Cathy McMorris Rodgers, Jerry McNerney, 05-05, pursuant to 31 U.S.C. 1517(b); to the Dan Boren, Leonard L. Boswell, Rick Bou- Michael R. McNulty, Connie Mack, Tim Committee on Appropriations. cher, Charles W. Boustany, Jr., , Mahoney, Carolyn B. Maloney, Donald A. 5984. A letter from the Director, Selective Nancy E. Boyda, Kevin Brady, Robert A. Manzullo, Kenny Marchant, Edward J. Mar- Service System, transmitting a report of a Brady, Bruce L. Braley, Paul C. Broun, key, Jim Marshall, Jim Matheson, Doris O. violation of the Antideficiency Act, pursuant , Henry E. Brown, Jr., Ginny Matsui, Martin T. Meehan, Kendrick B. to 31 U.S.C. 1351; to the Committee on Appro- Brown-Waite, , Michael C. Meek, Gregory W. Meeks, Charlie Melancon, priations. Burgess, Dan Burton, G. K. Butterfield, John L. Mica, Michael H. Michaud, Juanita 5985. A letter from the General Deputy As- Steve Buyer, Ken Calvert, Dave Camp, John Millender-McDonald, Brad Miller, Candice S. sistant Secretary for Community Planning Campbell, Chris Cannon, Eric Cantor, Shel- Miller, Gary G. Miller, Jeff Miller, Harry E. and Development, Department of Housing ley Moore Capito, Lois Capps, Michael E. Mitchell, Alan B. Mollohan, Dennis Moore, and Urban Development, transmitting the Capuano, Dennis A. Cardoza, Russ Carnahan, Gwen Moore, James P. Moran, Jerry Moran, Department’s second annual Homeless As- Christopher P. Carney, Andre´ Carson, Julia Christopher S. Murphy, Patrick J. Murphy, sessment Report; to the Committee on Fi- Carson, John R. Carter, Michael N. Castle, Tim Murphy, John P. Murtha, Marilyn N. nancial Services. , Steve Chabot, Ben Chandler, Musgrave, Sue Wilkins Myrick, Jerrold Nad- 5986. A letter from the Director, Office of Donna M. Christensen, Yvette D. Clarke, ler, Grace F. Napolitano, Richard E. Neal, Thrift Supervision, Department of Treasury, Wm. Lacy Clay, Emanuel Cleaver, James E. Randy Neugebauer, Eleanor Holmes Norton, transmitting a letter on the details of the Clyburn, Howard Coble, Steve Cohen, Tom Charlie Norwood, Devin Nunes, James L. Office’s 2008 compensation plan, pursuant to Cole, K. Michael Conaway, John Conyers, Oberstar, David R. Obey, John W. Olver, Sol- 12 U.S.C. 18336; to the Committee on Finan- Jr., Jim Cooper, Jim Costa, Jerry F. omon P. Ortiz, Frank Pallone, Jr., Bill cial Services. Costello, Joe Courtney, Robert E. (Bud) Pascrell, Jr., Ed Pastor, Ron Paul, Donald M. 5987. A letter from the Chairman and Presi- Cramer, Jr., , Joseph Crow- Payne, Stevan Pearce, Nancy Pelosi, Mike dent, Export-Import Bank, transmitting a ley, Barbara Cubin, Henry Cuellar, John Pence, Ed Perlmutter, Collin C. Peterson, report on transactions involving U.S. exports Abney Culberson, Elijah E. Cummings, Artur John E. Peterson, Thomas E. Petri, Charles to pursuant to Section 2(b)(3) of the Davis, Danny K. Davis, David Davis, Geoff W. ‘‘Chip’’ Pickering, Joseph R. Pitts, Todd Export-Import Bank Act of 1945, as amended; Davis, Jo Ann Davis, Lincoln Davis, Susan Russell Platts, Ted Poe, Earl Pomeroy, Jon to the Committee on Financial Services. A. Davis, Tom Davis, Nathan Deal, Peter A. C. Porter, David E. Price, Tom Price, Debo- 5988. A letter from the Secretary, Federal DeFazio, Diana DeGette, William D. rah Pryce, Adam H. Putnam, George Radan- Trade Commission, transmitting the Thir- Delahunt, Rosa L. DeLauro, Charles W. Dent, ovich, Nick J. Rahall II, Jim Ramstad, tieth Annual Report to Congress consistent Lincoln Diaz-Balart, Mario Diaz-Balart, Nor- Charles B. Rangel, Ralph Regula, Dennis R. with Section 815 of the Fair Debt Collection man D. Dicks, John D. Dingell, Lloyd Rehberg, David G. Reichert, Rick Renzi, Practices Act, pursuant to 15 U.S.C. 1692m; Doggett, Joe Donnelly, John T. Doolittle, Silvestre Reyes, Thomas M. Reynolds, Laura to the Committee on Financial Services. Michael F. Doyle, Thelma D. Drake, David Richardson, Ciro D. Rodriguez, Harold Rog- 5989. A letter from the Under Secretary for Dreier, John J. Duncan, Jr., Chet Edwards, ers, Mike Rogers, Mike Rogers, Dana Rohr- Natural Resources and Environment, Depart- Vernon J. Ehlers, Keith Ellison, Brad Ells- abacher, Peter J. Roskam, Ileana Ros- ment of Agriculture, transmitting the De- worth, Rahm Emanuel, Jo Ann Emerson, Lehtinen, Mike Ross, Steven R. Rothman, partment’s proposal to accept a 160-acre do- Eliot L. Engel, Phil English, Anna G. Eshoo, Lucille Roybal-Allard, Edward R. Royce, C. nation from the Wilderness Land Trust, pur- Bob Etheridge, Terry Everett, Eni F. H. A. Dutch Ruppersberger, Bobby L. Rush, suant to 16 U.S.C. 1131-1136; to the Com- Faleomavaega, Mary Fallin, Sam Farr, Paul Ryan, Tim Ryan, John T. Salazar, Bill mittee on Natural Resources. Chaka Fattah, , Mike Ferguson, Sali, Linda T. Sa´ nchez, Loretta Sanchez, 5990. A letter from the Certification Offi- Bob Filner, Jeff Flake, J. Randy Forbes, Jeff John P. Sarbanes, Jim Saxton, Janice D. cer, Department of the Interior, transmit- Fortenberry, Luis G. Fortun˜ o, Vito Fossella, Schakowsky, Adam B. Schiff, Jean Schmidt, ting the Department’s final rule — Tribal Bill Foster, Virginia Foxx, Barney Frank, Allyson Y. Schwartz, David Scott, Robert C. Energy Resource Agreements under the In- Trent Franks, Rodney P. Frelinghuysen, ‘‘Bobby’’ Scott, F. James Sensenbrenner, Jr., dian Tribal Energy Development and Self-

VerDate Aug 31 2005 02:23 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.037 H10APPT1 wwoods2 on PRODPC68 with HOUSE April 10, 2008 CONGRESSIONAL RECORD — HOUSE H2221 Determination Act (RIN: 1076-AE80) received the Department’s final rule — Airworthiness 6012. A letter from the Program Analyst, March 13, 2008, pursuant to 5 U.S.C. Directives; Empresa Brasileira de Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Natural Aeronautica S.A. (EMBRAER) Model ERJ the Department’s final rule — Airworthiness Resources. 170 and ERJ 190 Airplanes [Docket No. FAA- Directives; Eclipse Aviation Corporation 5991. A letter from the Acting Assistant 2007-0082; Directorate Identifier 2007-NM-219- Model EA500 Airplanes [Docket No. FAA- Administrator for Fisheries, National Oce- AD; Amendment 39-15332; AD 2008-02-02] (RIN: 2007-29316; Directorate Identifier 2007-CE-078- anic and Atmospheric Administration, trans- 2120-AA64) received April 3, 2008, pursuant to AD; Amendment 39-15334; AD 2008-02-04] (RIN: mitting the 2007 report on the Apportion- 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received April 3, 2008, pursuant to ment of Membership on the Regional Fishery Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Management Councils pursuant to section 6004. A letter from the Program Analyst, Transportation and Infrastructure. 302(b) of the Magnuson Stevens Fishery Con- Department of Transportation, transmitting 6013. A letter from the Program Analyst, servation and Management Act; to the Com- the Department’s final rule — Airworthiness Department of Transportation, transmitting mittee on Natural Resources. Directives; BAE Systems (Operations) Lim- the Department’s final rule — Airworthiness 5992. A letter from the Director, Adminis- ited Model BAE 146 and Avro 146-RJ Air- Directives; GARMIN International GSM 85 trative Office of the United States Courts, planes [Docket No. FAA-2007-0044; Direc- Servo Gearbox Units [Docket No. FAA-2007- transmitting the third annual report to Con- torate Identifier 2007-NM-126-AD; Amend- 28730; Directorate Identifier 2007-CE-063-AD; gress on victims’ rights, pursuant to 18 ment 39-15320; AD 2007-26-18] (RIN: 2120-AA64) Amendment 39-15336; AD 2008-02-06] (RIN: U.S.C. 3771; to the Committee on the Judici- received April 3, 2008, pursuant to 5 U.S.C. 2120-AA64) received April 3, 2008, pursuant to ary. 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on 5993. A letter from the Staff Director, Com- tation and Infrastructure. Transportation and Infrastructure. mission on Civil Rights, transmitting notifi- 6005. A letter from the Program Analyst, 6014. A letter from the Program Analyst, cation that the Commission recently ap- Department of Transportation, transmitting Department of Transportation, transmitting pointed members to the Texas Advisory the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Committee; to the Committee on the Judici- Directives; EMBRAER Model EMB-135BJ Directives; Boeing Model 777-200 and -300 Se- ary. Airplanes [Docket No. FAA-2007-0129; Direc- ries Airplanes Equipped with Rolls-Royce 5994. A letter from the Staff Director, Com- torate Identifier 2007-NM-099-AD; Amend- RB211-TRENT 800 Series Engines [Docket mission on Civil Rights, transmitting notifi- ment 39-15331; AD 2008-02-01] (RIN: 2120-AA64) No. FAA-2006-25609; Directorate Identifier cation that the Commission recently ap- received April 3, 2008, pursuant to 5 U.S.C. 2005-NM-263-AD; Amendment 39-15335; AD pointed members to the Vermont Advisory 801(a)(1)(A); to the Committee on Transpor- 2008-02-05] (RIN: 2120-AA64) received April 3, Committee; to the Committee on the Judici- tation and Infrastructure. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6006. A letter from the Program Analyst, ary. Committee on Transportation and Infra- Department of Transportation, transmitting 5995. A letter from the Staff Director, Com- structure. mission on Civil Rights, transmitting notifi- the Department’s final rule — Airworthiness 6015. A letter from the Program Analyst, cation that the Commission recently ap- Directives; Airbus Model A310 Series Air- Department of Transportation, transmitting pointed members to the Rhode Island Advi- planes [Docket No. FAA-2007-0171; Direc- the Department’s final rule — Airworthiness sory Committee; to the Committee on the torate Identifier 2007-NM-220-AD; Amend- Directives; Airbus Model A300 Airplanes; and Judiciary. ment 39-15330; AD 2008-01-05] (RIN: 2120-AA64) Model A300 B4-600, B4-600R, and F4-600R Se- 5996. A letter from the Staff Director, Com- received April 3, 2008, pursuant to 5 U.S.C. ries Airplanes, and Model C4-605R Variant F 801(a)(1)(A); to the Committee on Transpor- mission on Civil Rights, transmitting notifi- Airplanes (Collectively Called A300-600 Series tation and Infrastructure. cation that the Commission recently ap- Airplanes) [Docket No. FAA-2007-27926; Di- 6007. A letter from the Program Analyst, pointed members to the New Jersey Advisory Department of Transportation, transmitting rectorate Identifier 2006-NM-050-AD; Amend- Committee; to the Committee on the Judici- the Department’s final rule — Airworthiness ment 39-15316; AD 2007-26-14] (RIN: 2120-AA64) ary. Directives; EMBRAER Model EMB-120, received April 3, 2008, pursuant to 5 U.S.C. 5997. A letter from the Staff Director, Com- -120ER, -120FC, -120QC, and -120RT Airplanes 801(a)(1)(A); to the Committee on Transpor- mission on Civil Rights, transmitting notifi- [Docket No. FAA-2007-28855; Directorate tation and Infrastructure. cation that the Commission recently ap- 6016. A letter from the Program Analyst, Identifier 2007-NM-098-AD; Amendment 39- pointed members to the Ohio Advisory Com- Department of Transportation, transmitting 15323; AD 2007-26-21] (RIN: 2120-AA64) received mittee; to the Committee on the Judiciary. the Department’s final rule — Airworthiness April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 5998. A letter from the Director, Bureau of to the Committee on Transportation and In- Directives; General Electric Company CF6- Justice Assistance, Department of Justice, frastructure. 50, -80A1/A3, and -80C2A Series Turbofan En- transmitting the annual report of the Office 6008. A letter from the Program Analyst, gines [Docket No. FAA-2007-0053; Directorate of Justice Programs’ Bureau of Justice As- Department of Transportation, transmitting Identifier 98-ANE-54-AD; Amendment 39- sistance for Fiscal Year 2005, pursuant to 42 the Department’s final rule — Airworthiness 15347; AD 2008-02-17] (RIN: 2120-AA64) received U.S.C. 3712(b); to the Committee on the Judi- Directives; Pilatus Aircraft Limited Model April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); ciary. PC-12, PC-12/45, and PC-12/47 Airplanes to the Committee on Transportation and In- 5999. A letter from the Secretary, Judicial [Docket No. FAA-2007-0116 Directorate Iden- frastructure. Conference of the United States, transmit- tifier 2007-CE-082-AD; Amendment 39-15333; 6017. A letter from the Program Analyst, ting a copy of the proposed ‘‘Federal Courts AD 2008-02-03] (RIN: 2120-AA64) received April Department of Transportation, transmitting Jurisdiction and Venue Clarification Act of 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness 2008’’; to the Committee on the Judiciary. the Committee on Transportation and Infra- Directives; Boeing Model 767-200 and 767-300 6000. A letter from the Secretary, Judicial structure. Series Airplanes [Docket No. FAA-2007-28375; Conference of the United States, transmit- 6009. A letter from the Chairman, Depart- Directorate Identifier 2007-NM-015-AD; ting a copy of two court improvement pro- ment of Transportation, transmitting the Amendment 39-15346; AD 2008-02-16] (RIN: posals adopted in September 2007; to the Department’s final rule — DECISION SIM- 2120-AA64) received April 3, 2008, pursuant to Committee on the Judiciary. PLIFIED STANDARDS FOR RAIL RATE 5 U.S.C. 801(a)(1)(A); to the Committee on 6001. A letter from the Program Analyst, CASES [STB Ex Parte No. 646 (Sub-No. 1)] Transportation and Infrastructure. Department of Transportation, transmitting received March 27, 2008, pursuant to 5 U.S.C. 6018. A letter from the Program Analyst, the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Directives; Boeing Model 707 Airplanes and tation and Infrastructure. the Department’s final rule — Airworthiness Model 720 and 720B Series Airplanes [Docket 6010. A letter from the Chairman, Depart- Directives; Airbus Model A319 and A320 Se- No. FAA-2007-28828; Directorate Identifier ment of Transportation, transmitting the ries Airplanes [Docket No. FAA-2007-29170; 2007-NM-010-AD; Amendment 39-15258; AD Department’s final rule — DECISION METH- Directorate Identifier 2007-NM-075-AD; 2007-23-12] (RIN: 2120-AA64) received April 3, ODOLOGY TO BE EMPLOYED IN DETER- Amendment 39-15345; AD 2008-02-15] (RIN: 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the MINING THE RAILROAD INDUSTRY’S 2120-AA64) received April 3, 2008, pursuant to Committee on Transportation and Infra- COST OF CAPITAL [STB Ex Parte No. 664] 5 U.S.C. 801(a)(1)(A); to the Committee on structure. received March 27, 2008, pursuant to 5 U.S.C. Transportation and Infrastructure. 6002. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 6019. A letter from the Program Analyst, Department of Transportation, transmitting tation and Infrastructure. Department of Transportation, transmitting the Department’s final rule — Airworthiness 6011. A letter from the Chief Counsel, De- the Department’s final rule — Airworthiness Directives; Learjet Model 45 Airplanes partment of Transportation, transmitting Directives; Cessna Aircraft Company 172 and [Docket No. FAA-2006-25174; Directorate the Department’s final rule — Saint Law- 182 Series Airplanes [Docket No. FAA-2007- Identifier 2005-NM-007-AD; Amendment 39- rence Seaway Development Corporation Sea- 29317; Directorate Identifier 2007-CE-079-AD; 15328; AD 2008-01-03] (RIN: 2120-AA64) received way Regulations and Rules: Periodic Update, Amendment 39-15348; AD 2008-02-18] (RIN: April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); Various Categories [Docket No. SLSDC 2007- 2120-AA64) received April 3, 2008, pursuant to to the Committee on Transportation and In- 0005] (RIN: 2135-AA27) received February 21, 5 U.S.C. 801(a)(1)(A); to the Committee on frastructure. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. 6003. A letter from the Program Analyst, Committee on Transportation and Infra- 6020. A letter from the Program Analyst, Department of Transportation, transmitting structure. Department of Transportation, transmitting

VerDate Aug 31 2005 02:23 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L10AP7.000 H10APPT1 wwoods2 on PRODPC68 with HOUSE H2222 CONGRESSIONAL RECORD — HOUSE April 10, 2008 the Department’s final rule — Airworthiness Directives; Boeing Model 747-400 and 747-400D Identifier 2007-NM-114-AD; Amendment 39- Directives; McDonnell Douglas Model 717-200 Series Airplanes [Docket No. FAA-2007-0301; 15291; AD 2007-25-09] (RIN: 2120-AA64) received Airplanes [Docket No. FAA-2007-29329; Direc- Directorate Identifier 2007-NM-069-AD; April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); torate Identifier 2007-NM-205-AD; Amend- Amendment 39-15300; AD 2007-25-18] (RIN: to the Committee on Transportation and In- ment 39-15342; AD 2008-02-12] (RIN: 2120-AA64) 2120-AA64) received April 1, 2008, pursuant to frastructure. received April 3, 2008, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on 6037. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Department of Transportation, transmitting tation and Infrastructure. 6029. A letter from the Program Analyst, the Department’s final rule — Airworthiness 6021. A letter from the Program Analyst, Department of Transportation, transmitting Directives; Dassault Model Mystere-Falcom Department of Transportation, transmitting the Department’s final rule — Airworthiness 50, Mystere-Falcom 900, Falcon 900EX, the Department’s final rule — Airworthiness Directives; Bell Helicopter Textron Canada Falcom 2000, and Falcome 2000EX Airplanes Directives; Boeing Model 727 Airplanes Limited Model 206A and 206B Helicopters [Docket No. FAA-2007-29175; Directorate [Docket No. FAA-2007-28884; Directorate [Docket No. FAA-2007-28690; Directorate Identifier 2007-NM-134-AD; Amendment 39- Identifier 2007-NM-116-AD; Amendment 39- Identifier 2006-SW-21-AD; Amendment 39- 15292; AD 2007-25-10] (RIN: 2120-AA64) received 15343; AD 2008-02-13] (RIN: 2120-AA64) received 15289; AD 2007-25-07] (RIN: 2120-AA64) received April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and In- to the Committee on Transportation and In- to the Committee on Transportation and In- frastructure. frastructure. frastructure. 6038. A letter from the Program Analyst, 6022. A letter from the Program Analyst, 6030. A letter from the Program Analyst, Department of Transportation, transmitting Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Directives; Fokker Model F.28 Mark 0070 and Directives; Boeing Model 747-400, -400D, and Directives; Eurocopter France Model SA-365 0100 Airplanes [Docket No. FAA-2007-29256; -400F Series Airplanes; Boeing Model 757 Air- N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, Directorate Identifier 2007-NM-137-AD; planes; and Boeing Model 767 Airplanes and EC155B1 Helicopters [Docket No. FAA- Amendment 39-15293; AD 2007-25-11] (RIN: [Docket No. FAA-2007-28973; Directorate 2007-28448; Directorate Identifier 2006-SW-24- 2120-AA64) received April 1, 2008, pursuant to Identifier 2007-NM-118-AD; Amendment 39- AD; Amendment 39-15290; AD 2007-25-08] (RIN: 5 U.S.C. 801(a)(1)(A); to the Committee on 15344; AD 2008-02-14] (RIN: 2120-AA64) received 2120-AA64) received April 1, 2008, pursuant to Transportation and Infrastructure. April 3, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 5 U.S.C. 801(a)(1)(A); to the Committee on 6039. A letter from the Program Analyst, to the Committee on Transportation and In- Transportation and Infrastructure. Department of Transportation, transmitting frastructure. 6031. A letter from the Program Analyst, the Department’s final rule — Airworthiness 6023. A letter from the Program Analyst, Department of Transportation, transmitting Directives; Airbus Model A318, A319, A320, Department of Transportation, transmitting the Department’s final rule — Airworthiness and A321 Series Airplanes [Docket No. FAA- the Department’s final rule — Airworthiness Directives; Boeing Model 747-400 Series Air- 2007-29249; Directorate Identifier 2007-NM-112- Directives; Aircraft Industries, a.s. (Type planes [Docket No. FAA-2007-0302; Direc- AD; Amendment 39-15294; AD 2007-25-12] (RIN: Certificate No. G24EU formerly held by torate Identifier 2007-NM-161-AD; Amend- 2120-AA64) received April 1, 2008, pursuant to LETECKE ZAVODY a.s. and LET Aero- ment 39-15301; AD 2007-25-19] (RIN: 2120-AA64) 5 U.S.C. 801(a)(1)(A); to the Committee on nautical Works) Model L-13 Blanik Gliders received April 1, 2008, pursuant to 5 U.S.C. Transportation and Infrastructure. [Docket No. FAA-2007-28980 Directorate Iden- 801(a)(1)(A); to the Committee on Transpor- 6040. A letter from the Program Analyst, tifier 2007-CE-071-AD; Amendment 39-15282; tation and Infrastructure. Department of Transportation, transmitting AD 2007-25-01] (RIN: 2120-AA64) received April 6032. A letter from the Program Analyst, the Department’s final rule — Airworthiness 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting Directives; Boeing Model 767-300F Series Air- the Committee on Transportation and Infra- the Department’s final rule — Airworthiness planes [Docket No. FAA-2007-28943; Direc- structure. Directives; Airbus Model A300 Series Air- torate Identifier 2007-NM-011-AD; Amend- 6024. A letter from the Program Analyst, planes and Model A300-600 Series Airplanes ment 39-15295; AD 2007-25-13] (RIN: 2120-AA64) Department of Transportation, transmitting [Docket No. FAA-2007-27257; Directorate received April 1, 2008, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness Identifier 2006-NM-131-AD; Amendment 39- 801(a)(1)(A); to the Committee on Transpor- Directives; McDonnell Douglas Model MD-11, 15297; AD 2007-25-15] (RIN: 2120-AA64) received tation and Infrastructure. MD-11F, DC-10-30 and DC-10-30F (KC-10A and April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 6041. A letter from the Program Analyst, KDC-10), DC-10-40, DC-10-40F, and MD-10-30F to the Committee on Transportation and In- Department of Transportation, transmitting Airplanes [Docket No. FAA-2007-28351; Direc- frastructure. the Department’s final rule — Airworthiness torate Identifier 2007-NM-074-AD; Amend- 6033. A letter from the Program Analyst, Directives; McDonnell Douglas Model DC-9- ment 39-15192; AD 2007-19-02] (RIN: 2120-AA64) Department of Transportation, transmitting 81 (MD-81) and DC-9-82 (MD-82) Airplanes received April 1, 2008, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness [Docket No. FAA-2007-29226; Directorate 801(a)(1)(A); to the Committee on Transpor- Directives; Airbus Model A310 Series Air- Identifier 2006-NM-256-AD; Amendment 39- tation and Infrastructure. planes [Docket No. FAA-2007-28996; Direc- 15298; AD 2007-25-16] (RIN: 2120-AA64) received 6025. A letter from the Program Analyst, torate Identifier 2006-NM-217-AD; Amend- April 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Transportation, transmitting ment 39-15283; AD 2007-25-02] (RIN: 2120-AA64) to the Committee on Transportation and In- the Department’s final rule — Airworthiness received April 1, 2008, pursuant to 5 U.S.C. frastructure. Directives; Airbus Model A330 Airplanes 801(a)(1)(A); to the Committee on Transpor- 6042. A letter from the Program Analyst, [Docket No. FAA-2007-0269; Directorate Iden- tation and Infrastructure. Department of Transportation, transmitting tifier 2007-NM-158-AD; Amendment 39-15287; 6034. A letter from the Program Analyst, the Department’s final rule — Airworthiness AD 2007-25-05] (RIN: 2120-AA64) received April Department of Transportation, transmitting Directives; Boeing Model 747-100, 747-100B, 1, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness 747-100B , 747-200B, 747-200C, 747-200F, 747- the Committee on Transportation and Infra- Directives; Boeing Model 737-600, -700, -700C, 300, 747SR, and 747SP Series Airplanes [Dock- structure. -800, and -900 Series Airplanes [Docket No. et No. FAA-2007-28620; Directorate Identifier 6026. A letter from the Program Analyst, FAA-2007-29031; Directorate Identifier 2007- 2007-NM-090-AD; Amendment 39-15299; AD Department of Transportation, transmitting NM-130-AD; Amendment 39-15284; AD 2007-25- 2007-25-17] (RIN: 2120-AA64) received April 1, the Department’s final rule — Airworthiness 03] (RIN: 2120-AA64) received April 1, 2008, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Fokker Model F27 Mark 050 Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Transportation and Infra- planes [Docket No. FAA-2007-0268; Direc- mittee on Transportation and Infrastruc- structure. torate Identifier 2007-NM-129-AD; Amend- ture. 6043. A letter from the Program Analyst, ment 39-15286; AD 2007-25-04] (RIN: 2120-AA64) 6035. A letter from the Program Analyst, Department of Transportation, transmitting received April 1, 2008, pursuant to 5 U.S.C. Department of Transportation, transmitting the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Directives; McDonnell Douglas Model DC-10- tation and Infrastructure. Directives; Airbus Model A300 Series Air- 10, DC-10-10F, DC-10-15, DC-10-30 and DC-10- 6027. A letter from the Program Analyst, planes, Model A300-600 Series Airplanes, and 30F (KC-10A and KDC-10) Airplanes; Model Department of Transportation, transmitting Model A310 Series Airplanes [Docket No. DC-10-40 and DC-10-40F Airplanes; and Model the Department’s final rule — Airworthiness FAA-2007-27982; Directorate Identifier 2007- MD-11 and MD-11F Airplanes [Docket No. Directives; Augusta S.p.A. Model AB139 and NM-009-AD; Amendment 39-15288; AD 2007-25- FAA-2005-21470; Directorate Identifier 2003- AW139 Helicopters [Docket No. FAA-2007- 06] (RIN: 2120-AA64) received April 1, 2008, NM-45-AD; Amendment 39-15302; AD 2007-25- 0285; Directorate Identifier 2007-SW-15-AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 20] (RIN: 2120-AA64) received April 1, 2008, Amendment 39-15296; AD 2007-25-14] (RIN: mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120-AA64) received April 1, 2008, pursuant to ture. mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on 6036. A letter from the Program Analyst, ture. Transportation and Infrastructure. Department of Transportation, transmitting 6044. A letter from the Board of Trustees, 6028. A letter from the Program Analyst, the Department’s final rule — Airworthiness Federal Old-Age And Survivors Insurance Department of Transportation, transmitting Directives; Airbus Model A310 Airplanes And Federal Disability Insurance Trust the Department’s final rule — Airworthiness [Docket No. FAA-2007-29117; Directorate Funds, transmitting the 2008 Annual Report

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of the Board of Trustees of the Federal Old- SHADEGG, Mr. SULLIVAN, Mr. TERRY, By Mr. EMANUEL (for himself and Mr. Age and Survivors Insurance and the Federal Mr. HALL of Texas, Mr. WESTMORE- RAMSTAD): Disability Insurance Trust Funds, pursuant LAND, Mr. UPTON, and Mr. GINGREY): H.R. 5764. A bill to amend the Internal Rev- to 42 U.S.C. 401(c)(2), 1395i(b)(2), and H.R. 5757. A bill to amend title XIX of the enue Code of 1986 to allow a continuous levy 1395t(b)(2); (H. Doc. No. 100–104); to the Com- Social Security Act to require asset on payments to Medicaid providers and sup- mittee on Ways and Means and ordered to be verification through access to information pliers; to the Committee on Ways and Means. printed. held by financial institutions, to reduce By Ms. ESHOO (for herself, Mr. PICK- fraud and abuse in State Medicaid programs, ERING, Mr. TANNER, Mr. HULSHOF, Mr. f and for other purposes; to the Committee on STUPAK, Mr. RAMSTAD, Mr. CAMP of REPORTS OF COMMITTEES ON Energy and Commerce. Michigan, and Mr. LINDER): PUBLIC BILLS AND RESOLUTIONS By Ms. LEE: H.R. 5765. A bill to amend title XVIII of the H.R. 5758. A bill to prohibit authorized Social Security Act to cover remote patient Under clause 2 of rule XIII, reports of lenders of home equity conversion mortgages management services for certain chronic committees were delivered tot he Clerk from requiring seniors to purchase an annu- health conditions under the Medicare Pro- for printing and reference to the proper ity with the proceeds of a reverse mortgage, gram; to the Committee on Energy and Com- calendar, as follows: and to provide other consumer protections to merce, and in addition to the Committee on reverse mortgage borrowers, and for other Ways and Means, for a period to be subse- Mr. FRANK of Massachusetts: Committee purposes; to the Committee on Financial quently determined by the Speaker, in each on Financial Services. H.R. 2634. A bill to Services. case for consideration of such provisions as provide for greater responsibility in lending By Mr. BROUN of Georgia (for himself, fall within the jurisdiction of the committee and expanded cancellation of debts owed to Mr. BILBRAY, Mr. WESTMORELAND, concerned. the United States and the international fi- Mrs. DRAKE, Mr. BARTLETT of Mary- By Mr. ETHERIDGE (for himself, Mr. nancial institutions by low-income coun- land, Mrs. BLACKBURN, Mr. AKIN, Mrs. THOMPSON of Mississippi, Mrs. tries, and for other purposes; with an amend- MUSGRAVE, Mr. PITTS, Mr. GOODE, MCCARTHY of New York, Mrs. ment (Rept. 110–575). Referred to the Com- Mr. DAVID DAVIS of Tennessee, Mr. CHRISTENSEN, Mr. COHEN, Mrs. JONES mittee of the Whole House on the State of WALBERG, Mr. ADERHOLT, Mr. of Ohio, Mr. HARE, Ms. JACKSON-LEE the Union. MARCHANT, Mr. GOHMERT, Mr. of Texas, Ms. SCHAKOWSKY, Ms. Mr. GORDON: Committee on Science and FRANKS of Arizona, Mr. PRICE of CLARKE, Mr. MILLER of North Caro- Technology. H.R. 5161. A bill to provide for Georgia, Mr. GINGREY, Mr. DEAL of lina, Mrs. CAPPS, and Mr. HONDA): the establishment of Green Transportation Georgia, Mr. LINDER, Mr. KINGSTON, H.R. 5766. A bill to amend the Homeland Infrastructure Research and Technology Mr. WAMP, Mr. TANCREDO, Mr. COBLE, Security Act of 2002 to establish in the De- Transfer Centers, and for other purpose; with Ms. FOXX, Mr. POE, and Mrs. partment of Homeland Security the Office of an amendment (Rept. 110–576 Pt. 1). Ordered MYRICK): National School Preparedness and Response, to be printed. H.R. 5759. A bill to amend title 4, United and for other purposes; to the Committee on Mr. CONYERS: Committee on the Judici- States Code, to declare English as the na- Homeland Security, and in addition to the ary. H.R. 1777. A bill to amend the Improving tional language of the Government of the Committee on Transportation and Infra- America’s Schools Act of 1994 to make per- United States, and for other purposes; to the structure, for a period to be subsequently de- manent the favorable treatment of need- Committee on Education and Labor. termined by the Speaker, in each case for based educational aid under the antitrust By Ms. GINNY BROWN-WAITE of Flor- consideration of such provisions as fall with- laws (Rept. 110–577). Referred to the Com- ida (for herself, Mr. POE, Mr. CHABOT, in the jurisdiction of the committee con- mittee of the Whole House of the State of Mr. SENSENBRENNER, and Mr. cerned. the Union. LAMPSON): By Mr. FRANK of Massachusetts (for Mr. WAXMAN: Committee on Oversight H.R. 5760. A bill to reauthorize the Adam himself and Mr. PAUL): and Government Reform. H.R. 4881. A bill to Walsh Child Protection and Safety Act of H.R. 5767. A bill to prohibit the Secretary prohibit the awarding of a contract or grant 2006, and for other purposes; to the Com- of the Treasury and the Board of Governors in excess of the simplified acquisition mittee on the Judiciary. of the Federal Reserve System from pro- threshold unless the prospective contractor By Mr. CASTLE (for himself and Mr. posing, prescribing, or implementing any or grantee certifies in writing to the agency DENT): regulation under subchapter IV of chapter 53 awarding the contract or grant that the con- H.R. 5761. A bill to withhold Federal finan- of title 31, United States Code, and for other tractor or grantee has no seriously delin- cial assistance from each country that de- purposes; to the Committee on Financial quent tax debts, and for other purposes; with nies or unreasonably delays the acceptance Services. an amendment (Rept. 110–578). Referred to of nationals of such country who have been By Mr. FRELINGHUYSEN: the Committee of the Whole House on the ordered removed from the United States and H.R. 5768. A bill to amend the Commodity State of the Union. to prohibit the issuance of visas to nationals Exchange Act to provide the Commodity Fu- Mr. FRANK of Massachusetts: Committee of such country; to the Committee on For- tures Trading Commission authority over on Financial Services. H.R. 3965. A bill to ex- eign Affairs, and in addition to the Commit- off-exchange retail foreign currency trans- tend the Mark-to-Market program of the De- tees on the Judiciary, and Rules, for a period actions, and for other purposes; to the Com- partment of Housing and Urban Develop- to be subsequently determined by the Speak- mittee on Agriculture, and in addition to the ment, and for other purposes; with an er, in each case for consideration of such pro- Committee on Financial Services, for a pe- amendment (Rept. 110–579). Referred to the visions as fall within the jurisdiction of the riod to be subsequently determined by the Committee of the Whole House on the State committee concerned. Speaker, in each case for consideration of of the Union. By Ms. DELAURO (for herself, Mr. such provisions as fall within the jurisdic- f MCDERMOTT, Mr. WAXMAN, Ms. SUT- tion of the committee concerned. TON, Mr. ROTHMAN, Ms. KAPTUR, Mr. By Mr. GINGREY (for himself, Mr. PUBLIC BILLS AND RESOLUTIONS HINCHEY, Mr. FARR, Mr. MCGOVERN, ADERHOLT, Mr. AKIN, Mrs. BACHMANN, Under clause 2 of rule XII, public Ms. SCHAKOWSKY, and Mr. WELCH of Mr. BARTLETT of Maryland, Mr. BILI- bills and resolutions were introduced Vermont): RAKIS, Mrs. BLACKBURN, Mr. BROUN of H.R. 5762. A bill to prohibit the use of non- Georgia, Mr. CAMPBELL of California, and severally referred, as follows: ambulatory livestock for human food and to Mr. CONAWAY, Mr. DEAL of Georgia, By Mr. KIND (for himself, Mr. require the Secretary of Agriculture to pub- Mrs. DRAKE, Mr. FEENEY, Mr. RAMSTAD, Mr. COOPER, Mr. GIL- lish the names of retailers and school dis- FORTENBERRY, Ms. FOXX, Mr. CHREST, Ms. BEAN, Mr. UDALL of Colo- tricts that have purchased meat, poultry, or GOHMERT, Mr. GOODE, Mr. HALL of rado, and Mr. WALZ of Minnesota): egg products subject to voluntary recall; to Texas, Mr. KING of Iowa, Mr. KING- H.R. 5755. A bill to establish the Bipartisan the Committee on Agriculture. STON, Mr. LEWIS of Kentucky, Mr. Earmark Reform Commission; to the Com- By Mr. ELLISON (for himself, Mr. LINDER, Mr. MCCOTTER, Ms. MOORE of mittee on Oversight and Government Re- RAMSTAD, Mr. OBERSTAR, and Mr. Wisconsin, Mr. PITTS, Mr. PRICE of form, and in addition to the Committee on WALZ of Minnesota): Georgia, Mr. PEARCE, Mr. ROSKAM, Rules, for a period to be subsequently deter- H.R. 5763. A bill to temporarily delay appli- Mr. SHIMKUS, Mr. SENSENBRENNER, mined by the Speaker, in each case for con- cation of proposed changes to the Depart- Mr. WESTMORELAND, and Mr. YOUNG sideration of such provisions as fall within mental Appeals Board within the Depart- of Alaska): the jurisdiction of the committee concerned. ment of Health and Human Services; to the H.R. 5769. A bill to direct the Federal Trade By Mr. KIND (for himself and Mr. Committee on Energy and Commerce, and in Commission to revise the Telemarketing GILCHREST): addition to the Committees on Ways and Sales Rule to explicitly prohibit the sending H.R. 5756. A bill to reauthorize the Means, and Education and Labor, for a pe- of a text message containing an unsolicited Neotropical Migratory Bird Conservation riod to be subsequently determined by the advertisement to a cellular telephone num- Act; to the Committee on Natural Resources. Speaker, in each case for consideration of ber listed on the national do-not-call reg- By Mr. DEAL of Georgia (for himself, such provisions as fall within the jurisdic- istry; to the Committee on Energy and Com- Mr. BURGESS, Mrs. BLACKBURN, Mr. tion of the committee concerned. merce.

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By Mr. HALL of New York (for himself, gia, Mr. SENSENBRENNER, and Mr. H.R. 81: Mr. SALI. Mr. HINCHEY, Mr. GEORGE MILLER of HOEKSTRA): H.R. 303: Ms. TSONGAS. California, Mr. LEWIS of Georgia, and H.R. 5776. A bill to amend the Internal Rev- H.R. 333: Mr. BLUMENAUER, Mr. VAN Ms. LEE): enue Code of 1986 to exclude from gross in- HOLLEN, and Mr. TERRY. H.R. 5770. A bill to provide for a study by come certain distributions from qualified re- H.R. 406: Mrs. EMERSON, Mr. GINGREY, Mrs. the National Academy of Sciences of poten- tirement plans used for mortgage payments; MUSGRAVE, Ms. PRYCE of Ohio, Mr. RADANO- tial impacts of climate change on water re- to the Committee on Ways and Means. VICH, Mr. FRANKS of Arizona, Ms. SPEIER, Mr. sources and water quality; to the Committee By Mr. TANCREDO: HERGER, and Mr. PICKERING. on Science and Technology, and in addition H.R. 5777. A bill to impose certain restric- H.R. 552: Mr. NADLER, Mr. ALEXANDER, and to the Committees on Natural Resources, tions on trade with and investment in the Mr. JACKSON of Illinois. and Transportation and Infrastructure, for a People’s Republic of China, and for other H.R. 616: Ms. ROS-LEHTINEN. period to be subsequently determined by the purposes; to the Committee on Ways and H.R. 618: Mr. PETRI. Speaker, in each case for consideration of Means, and in addition to the Committees on H.R. 768: Mr. PITTS. such provisions as fall within the jurisdic- Foreign Affairs, the Judiciary, and Financial H.R. 769: Mr. LINDER. tion of the committee concerned. Services, for a period to be subsequently de- H.R. 821: Mr. WU. By Mr. MCCAUL of Texas (for himself, termined by the Speaker, in each case for H.R. 1108: Mr. YARMUTH and Mr. DREIER. Mrs. BLACKBURN, Mr. BROUN of Geor- consideration of such provisions as fall with- H.R. 1117: Ms. BALDWIN. gia, Ms. GINNY BROWN-WAITE of Flor- in the jurisdiction of the committee con- H.R. 1223: Mr. TERRY. ida, Mr. CAMPBELL of California, Mr. cerned. H.R. 1232: Mr. HONDA. FLAKE, Mr. FEENEY, Mr. GALLEGLY, By Mr. VAN HOLLEN (for himself and H.R. 1256: Mr. MORAN of Virginia. Mr. GINGREY, Mr. HENSARLING, Mr. Mr. TOM DAVIS of Virginia): H.R. 1343: Mr. COSTA. H.R. 5778. A bill to preserve the independ- ISSA, Mr. JONES of North Carolina, H.R. 1363: Mr. JACKSON of Illinois. ence of the District of Columbia Water and Mr. KIRK, Mr. KLINE of Minnesota, H.R. 1395: Mr. LAMPSON. Sewer Authority; to the Committee on Over- Mr. LATTA, Mr. MCCOTTER, Mrs. H.R. 1440: Mr. GENE GREEN of Texas. sight and Government Reform. MYRICK, Mr. NEUGEBAUER, Mr. H.R. 1552: Ms. EDDIE BERNICE JOHNSON of By Mr. WEXLER: Texas. WALBERG, Mr. TIBERI, Mr. SALI, Mr. H.R. 5779. A bill to amend the Internal Rev- H.R. 1584: Mr. HARE. REICHERT, Ms. FOXX, Mr. POE, and enue Code of 1986 to impose a tax on the Mr. MACK): amount of wages in excess of the contribu- H.R. 1589: Mr. LAHOOD, Mr. GALLEGLY, Mr. H.R. 5771. A bill to prohibit the use of Fed- tion and benefit base, and for other purposes; UDALL of New Mexico, Mr. ELLISON, Mr. eral funds for a project or program named for to the Committee on Ways and Means. DAVID DAVIS of Tennessee, and Ms. HARMAN. an individual then serving as a Member, Del- By Mrs. WILSON of New Mexico (for H.R. 1609: Mr. ROHRABACHER, Mr. ISSA, Mr. egate, Resident Commissioner, or Senator of MILLER of Florida, Mr. SMITH of Texas, Ms. herself, Mr. ETHERIDGE, and Mr. the United States Congress; to the Com- GINNY BROWN-WAITE of Florida, and Mr. UDALL of New Mexico): mittee on Oversight and Government Re- H.R. 5780. A bill to amend title XVIII of the MEEKS of New York. form. Social Security Act to provide for coverage H.R. 1610: Mr. MICHAUD, Mr. BILIRAKIS, and By Mr. MURPHY of Connecticut (for of clinical pharmacist practitioner services Mr. DAVIS of Alabama. himself and Mrs. BIGGERT): under part B of the Medicare Program; to H.R. 1621: Mrs. CAPPS. H.R. 5772. A bill to amend section 811 of the the Committee on Energy and Commerce, H.R. 1643: Mr. RAMSTAD and Mr. WALZ of Cranston-Gonzalez National Affordable and in addition to the Committee on Ways Minnesota. Housing Act to improve the program under and Means, for a period to be subsequently H.R. 1738: Mrs. BOYDA of Kansas. such section for supportive housing for per- determined by the Speaker, in each case for H.R. 1767: Mr. CUELLAR and Mr. KIRK. sons with disabilities; to the Committee on consideration of such provisions as fall with- H.R. 1829: Ms. ROS-LEHTINEN and Mr. Financial Services. in the jurisdiction of the committee con- YOUNG of Florida. By Ms. NORTON (for herself and Mr. cerned. H.R. 1927: Mr. GALLEGLY, Mr. ELLISON, Mr. CLAY): By Mr. COURTNEY (for himself and VAN HOLLEN, Mr. BLUMENAUER, and Mr. WIL- H.R. 5773. A bill to authorize the Secretary Mr. GEORGE MILLER of California): SON of South Carolina. of the Interior to enter into a long-term H. Res. 1097. A resolution expressing sup- H.R. 2091: Mr. PASTOR, Mr. DAVIS of Illi- ground lease for the operation and mainte- port for the designation of the month of nois, and Ms. BALDWIN. nance of Rock Creek, Langston, and East Po- April 2008, as National Child Abuse Preven- H.R. 2138: Mr. KENNEDY and Ms. BALDWIN. tomac as golf courses, and for other pur- tion Month to provide attention to the trag- H.R. 2221: Ms. TSONGAS. poses; to the Committee on Natural Re- ic circumstances that face some of our Na- H.R. 2280: Mr. SOUDER. sources. tion’s children on a daily basis and to under- H.R. 2352: Ms. HARMAN. By Ms. LINDA T. SA´ NCHEZ of Cali- score our commitment to preventing child H.R. 2353: Mr. HINCHEY. fornia (for herself, Ms. DELAURO, Ms. abuse and neglect so that all children can H.R. 2357: Mr. JOHNSON of Georgia and Mr. BORDALLO, Mrs. CHRISTENSEN, Ms. live in safety and security; to the Committee CUMMINGS. JACKSON-LEE of Texas, Mr. LEWIS of on Education and Labor. H.R. 2370: Mr. BACHUS, Mr. GOODLATTE, and Georgia, Mrs. MALONEY of New York, By Mr. FILNER (for himself and Mr. Mr. HARE. Mr. PAYNE, Ms. SUTTON, Mr. TOWNS, BILIRAKIS): H.R. 2593: Ms. WATERS. Ms. WATSON, and Mr. WELCH of H. Res. 1098. A resolution supporting the H.R. 2609: Mr. LOEBSACK. Vermont): goals and ideals of the Year of the American H.R. 2634: Ms. ROS-LEHTINEN. H.R. 5774. A bill to provide effective em- Veteran; to the Committee on Veterans’ Af- H.R. 2702: Mr. PASCRELL. ployment, training, and career and technical fairs. H.R. 2712: Mr. YOUNG of Florida. education programs and to address barriers By Ms. EDDIE BERNICE JOHNSON of H.R. 2734: Mr. UPTON, Mr. EHLERS, Mr. that result from family responsibilities, and Texas (for herself and Ms. JACKSON- LATTA, Mr. TIBERI, and Mr. ROGERS of Ken- to encourage and support individuals to LEE of Texas): tucky. enter nontraditional occupational fields; to H. Res. 1099. A resolution honoring the life H.R. 2860: Mr. PETERSON of Minnesota. the Committee on Education and Labor. of Arbella Perkins Ewings; to the Committee H.R. 2864: Mr. ROTHMAN. By Mr. SESSIONS (for himself, Mr. on Oversight and Government Reform. H.R. 2897: Mr. PAYNE, Mr. DAVIS of Illinois, BROUN of Georgia, Mr. BARTLETT of By Mr. LOEBSACK (for himself, Mr. Mr. PAUL, and Mr. TOWNS. Maryland, Mr. KING of Iowa, Ms. BOSWELL, Mr. BRALEY of Iowa, Mr. H.R. 2923: Mr. BISHOP of Georgia. FALLIN, Mr. BOUSTANY, Mr. CAMPBELL LATHAM, and Mr. KING of Iowa): H.R. 2941: Ms. BERKLEY. H. Res. 1100. A resolution congratulating of California, Mr. CONAWAY, Mr. H.R. 3036: Mr. OLVER. the University of Iowa Hawkeyes Wrestling KLINE of Minnesota, Mr. ISSA, Mr. H.R. 3047: Mr. KUHL of New York. Team on Winning the 2008 NCAA Division I LAMBORN, Mr. MCKEON, Mr. STEARNS, H.R. 3054: Ms. LEE and Mr. RANGEL. National Wrestling Championships; to the Mr. SOUDER, and Mr. FLAKE): H.R. 3212: Mr. SCHIFF. Committee on Education and Labor. H.R. 5775. A bill to amend the Labor-Man- H.R. 3229: Mr. BACA, Mr. CUMMINGS, Mr. By Ms. NORTON: agement Reporting and Disclosure Act to GUTIERREZ, Mr. HINOJOSA, Mr. KUCINICH, Mrs. H. Res. 1101. A resolution honoring and provide for specified civil penalties for viola- MALONEY of New York, Mr. GEORGE MILLER commending The George Washington Univer- tions of that Act, and for other purposes; to of California, Mr. REYES, Ms. ROYBAL-AL- sity in Washington, D.C., for hosting the 2008 the Committee on Education and Labor. LARD, Mr. VAN HOLLEN, and Mr. WEINER. Science Olympiad National Tournament; to By Mr. SHADEGG (for himself, Mr. H.R. 3232: Mr. BOOZMAN, Mr. ROGERS of the Committee on Education and Labor. FEENEY, Mr. MARCHANT, Mr. BROUN of Kentucky, Ms. TSONGAS, and Mr. BOUCHER. Georgia, Mrs. MUSGRAVE, Mr. WEST- f H.R. 3234: Mr. BARTLETT of Maryland, Mr. MORELAND, Mr. GOODE, Mr. BARTLETT ADDITIONAL SPONSORS BURGESS, Mr. RYAN of Wisconsin, Mr. of Maryland, Mr. GOHMERT, Mrs. CONAWAY, Mr. AKIN, Mrs. DRAKE, Mr. ROYCE, BLACKBURN, Mr. FRANKS of Arizona, Under clause 7 of rule XII, sponsors and Mr. ENGLISH of Pennsylvania. Mr. AKIN, Mr. CAMPBELL of Cali- were added to public bills and resolu- H.R. 3363: Mr. HONDA. fornia, Mr. PITTS, Mr. PRICE of Geor- tions as follows: H.R. 3368: Mr. RANGEL and Mr. STUPAK.

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H.R. 3391: Mr. FALEOMAVAEGA. H.R. 5602: Ms. KILPATRICK. H. Res. 925: Mr. SOUDER. H.R. 3404: Mr. BUTTERFIELD. H.R. 5604: Mr. ARCURI and Mr. MOORE of H. Res. 939: Mr. SMITH of New Jersey. H.R. 3700: Mr. KENNEDY. Kansas. H. Res. 987: Ms. MCCOLLUM of Minnesota, H.R. 3769: Mr. HOLDEN. H.R. 5609: Mr. HARE. Mr. ARCURI, Mr. MARSHALL, Mr. KUCINICH, H.R. 3817: Mr. LATHAM. H.R. 5611: Mr. YOUNG of Alaska, Mr. Ms. CORRINE BROWN of Florida, Mr. DON- H.R. 3886: Mr. COHEN. CARNAHAN, and Mr. SOUDER. NELLY, Mr. DOGGETT, Mr. WU, Mr. THOMPSON H.R. 3934: Mr. MEEK of Florida and Ms. H.R. 5613: Ms. SCHWARTZ, Ms. PRYCE of of Mississippi, Mr. KENNEDY, Mr. CARNEY, CLARKE. Ohio, Mr. PAYNE, Mr. ENGLISH of Pennsyl- Ms. BERKLEY, Mr. HOLT, Mr. MCDERMOTT, H.R. 3968: Mr. SMITH of Nebraska. vania, Mr. YOUNG of Alaska, Mr. BARROW, Mr. ELLSWORTH, Mr. BERRY, Ms. MATSUI, Mr. H.R. 4105: Mr. CAMPBELL of California, Ms. Mr. HODES, Mr. DOGGETT, Mr. MURPHY of WALZ of Minnesota, Ms. LORETTA SANCHEZ of ZOE LOFGREN of California, and Mr. SES- Connecticut, Mr. MORAN of Virginia, Mrs. California, Mr. WELCH of Vermont, Mr. SIONS. DRAKE, Mr. LATOURETTE, Mr. SHAYS, Ms. RODRIGUEZ, Mr. JACKSON of Illinois, Mr. H.R. 4133: Mr. SOUDER. WATERS. MEEKS of New York, Mr. ALTMIRE, Mr. H.R. 4138: Mr. ELLISON. H.R. 5636: Mr. FILNER. LOEBSACK, Mr. COOPER, Mr. RAHALL, Mr. H.R. 4296: Mr. JONES of North Carolina. H.R. 5641: Mr. KIRK. CLEAVER, Mr. DAVIS of Alabama, Mr. H.R. 4310: Mr. STARK. H.R. 5643: Mr. PAUL and Ms. EDDIE BERNICE DELAHUNT, Mr. HIGGINS, Mr. RYAN of Ohio, H.R. 4318: Mr. BOOZMAN. JOHNSON of Texas. Mr. ORTIZ, Mr. GONZALEZ, and Mr. MCNULTY. H.R. 4335: Mr. SCHIFF. H.R. 5656: Mrs. MYRICK, Mr. TERRY, Mr. PE- H. Res. 1008: Mr. CALVERT. H.R. 4449: Mr. JACKSON of Illinois, Mr. TERSON of Pennsylvania, and Mr. BLUNT. H. Res. 1011: Mr. HASTINGS of Florida, Ms. WAMP, and Mr. DELAHUNT. H.R. 5668: Mr. BILIRAKIS. CLARKE, and Mr. DELAHUNT. H.R. 4460: Mr. STEARNS. H.R. 5674: Ms. GINNY BROWN-WAITE of Flor- H. Res. 1026: Mr. COHEN. H.R. 4464: Mr. MCCARTHY of California. ida. H. Res. 1029: Ms. BORDALLO, Mr. PAYNE, Mr. H.R. 4611: Ms. DEGETTE. H.R. 5684: Mr. MICHAUD, Mr. CUELLAR, and MORAN of Kansas, Mr. ORTIZ, Mr. COHEN, Mr. H.R. 4688: Mr. LEWIS of Georgia. Mr. BOSWELL. MEEKS of New York, Mr. SHULER, Ms. H.R. 4833: Mr. UDALL of Colorado. H.R. 5686: Mr. WOLF, Ms. ZOE LOFGREN of SCHAKOWSKY, Mr. HONDA, Mr. ABERCROMBIE, H.R. 4883: Ms. SUTTON, Mr. RODRIGUEZ, Mr. California, and Mr. FILNER. Mr. CARDOZA, Mr. BECERRA, Mr. RODRIGUEZ, H.R. 5696: Mrs. CUBIN. HALL of New York, Ms. LEE, and Mr. WALZ of Mr. DREIER, Mr. COSTELLO, and Mr. COSTA. H.R. 5697: Ms. SUTTON, Mr. MCGOVERN, Mr. Minnesota. H. Res. 1052: Ms. ZOE LOFGREN of Cali- MICHAUD, Ms. CLARKE, and Mr. CAPUANO. H.R. 4884: Ms. SUTTON, Mr. RODRIGUEZ, Mr. fornia. H.R. 5711: Mr. KING of New York. HALL of New York, Ms. LEE, and Mr. WALZ of H. Res. 1058: Mr. PAUL. H.R. 5715: Mr. DAVID DAVIS of Tennessee, Minnesota. H. Res. 1063: Ms. BERKLEY. Mr. KELLER, Mr. OLVER, Ms. EDDIE BERNICE H.R. 4926: Mr. PASCRELL. H. Res. 1064: Mr. SOUDER. JOHNSON of Texas, Mr. THOMPSON of Mis- H.R. 4927: Mr. SALAZAR and Ms. DEGETTE. H. Res. 1073: Mr. JACKSON of Illinois, Mr. sissippi, Mr. PAYNE, Mr. KENNEDY, Mr. H.R. 4930: Mr. WITTMAN of Virginia and Mr. AL GREEN of Texas, Mr. EMANUEL, Ms. KIL- ELLISON, Mr. LEWIS of Georgia, Mr. KILDEE, BILIRAKIS. PATRICK, Mr. THOMPSON of Mississippi, Mr. Mrs. MCCARTHY of New York, Ms. CLARKE, H.R. 5057: Ms. BERKLEY. CUMMINGS, Mr. BISHOP of Georgia, Mr. WAX- Ms. LINDA T. SA´ NCHEZ of California, Mr. H.R. 5058: Mrs. LOWEY. MAN, Mr. HOLT, Mr. HINCHEY, Mr. CONYERS, FORTUN˜ O, and Mr. KUCINICH. H.R. 5131: Mr. CARTER, Mr. MAHONEY of Mr. PRICE of North Carolina, Mrs. H.R. 5723: Mr. SESTAK, Mr. HINOJOSA, Mr. Florida, and Mr. HUNTER. CHRISTENSEN, and Mr. DAVIS of Alabama. GORDON, Mr. THORNBERRY, and Mr. AL GREEN H.R. 5180: Ms. BERKLEY. H. Res. 1076: Mrs. BLACKBURN, Mr. of Texas. H.R. 5233: Mr. PITTS. LAMBORN, Mr. CARTER, Mr. SALI, Mr. H.R. 5739: Mr. PAYNE. H.R. 5268: Mr. SPACE, Mr. FILNER, and Mr. WALBERG, Mr. GARRETT of New Jersey, Mr. H.R. 5740: Mr. KIRK, Mr. CAMP of Michigan, CHANDLER. ROHRABACHER, Mr. BISHOP of Utah, and Mr. Mr. RUPPERSBERGER, Mr. LINCOLN DIAZ- H.R. 5315: Mr. PASTOR. DREIER. BALART of Florida, Mr. PASTOR, Mr. TIAHRT, H.R. 5405: Ms. GINNY BROWN-WAITE of Flor- H. Res. 1079: Mr. BACA, Ms. CLARKE, Ms. Mr. LEVIN, Mr. ISRAEL, and Ms. BALDWIN. ida. JACKSON-LEE of Texas, Mrs. MALONEY of New H.R. 5750: Mr. MORAN of Virginia. H.R. 5426: Mr. MCNULTY, Mr. RYAN of Ohio, York, Mr. PRICE of Georgia, Mr. CLEAVER, H.R. 5752: Mr. BILBRAY, Mr. DUNCAN, and Mr. MORAN of Kansas, and Mr. THOMPSON of and Mr. AL GREEN of Texas. Mr. STEARNS. Mississippi. H. Res. 1086: Mr. THOMPSON of Mississippi, H. Con. Res. 163: Mr. JACKSON of Illinois, H.R. 5440: Mr. DANIEL E. LUNGREN of Cali- Mr. MCDERMOTT, Ms. MCCOLLUM of Min- and Mr. TANCREDO. nesota, Mr. MCNULTY, Mr. ELLISON, Mr. fornia, Mr. FERGUSON, and Mr. CONAWAY. H. Con. Res. 315: Mr. SHAYS, Mrs. GRIJALVA, Mr. COHEN, Mr. FILNER, Ms. ZOE H.R. 5447: Mr. KENNEDY, Mr. ETHERIDGE, MCMORRIS RODGERS, and Mr. MICA. LOFGREN of California, Mr. UPTON, Mr. Ms. BALDWIN, Mr. SARBANES, Ms. H. Con. Res. 317: Mr. DEFAZIO, Mr. GEORGE ´ GOODE, and Mr. STARK. SCHAKOWSKY, and Ms. LINDA T. SANCHEZ of MILLER of California, Mr. JACKSON of Illinois, H. Res. 1091: Mr. ROGERS of Kentucky, Mr. California. Mr. SCHIFF, Ms. VELA´ ZQUEZ, Mr. RANGEL, Ms. REGULA, Mr. COBLE, Mr. BLUNT, Mr. POE, Mr. H.R. 5448: Mrs. BOYDA of Kansas, Mr. WATERS, Mr. VAN HOLLEN, Mr. DOGGETT, Ms. GALLEGLY, Mr. BILBRAY, Mr. HAYES, Mr. COHEN, Mr. BURGESS, Mr. HILL, Mr. PATRICK WATSON, Mr. SPRATT, Mr. LEVIN, Mr. ISRAEL, MCHUGH, Mr. RADANOVICH, Mr. MURPHY of Pennsylvania, Ms. ZOE LOFGREN Mr. MCDERMOTT, Mr. HINCHEY, Mr. BAIRD, FORTENBERRY, Mrs. WILSON of New Mexico, and Mr. HAYS. Ms. NORTON, Mr. INSLEE, Ms. WASSERMAN Mrs. CAPITO, Mr. SMITH of Nebraska, Mr. H.R. 5450: Mr. CARNEY and Mr. PORTER. SCHULTZ, Mr. FATTAH, Mr. DAVIS of Illinois, BOEHNER, Mr. HUNTER, Mr. ROGERS of Michi- H.R. 5477: Mr. NUNES, Mr. FILNER, Mr. Mr. KING of Iowa, Mr. SOUDER, and Mrs. gan, Mr. KUHL of New York, Mr. HELLER, Mr. DREIER, Mr. STARK, Mr. GARY G. MILLER of DAVIS of California. PORTER, Mr. MORAN of Kansas, Mr. LUCAS, California, Mr. BILBRAY, and Mr. HUNTER. H. Con. Res. 318: Mr. MILLER of North Caro- Mr. COLE of Oklahoma, Mr. KING of New H.R. 5488: Mr. JOHNSON of Georgia, Mrs. lina, and Mr. JEFFERSON. York, Mr. CAMPBELL of California, Mr. HOEK- CHRISTENSEN, Mr. BLUMENAUER, and Mr. H. Con. Res. 322: Mr. GORDON, Ms. FOXX, STRA, Mrs. MUSGRAVE, Mr. SHADEGG, Mr. DAVIS of Illinois. Mr. MAHONEY of Florida, Mr. FERGUSON, Mr. THORNBERRY, Mrs. BLACKBURN, Mr. CARTER, H.R. 5498: Ms. BERKLEY. SAXTON, Mr. MCHUGH, Mr. BRADY of Pennsyl- Mrs. MILLER of Michigan, Mr. RENZI, Ms. H.R. 5515: Mr. MANZULLO. vania, Mr. DINGELL, Mr. HONDA, Mr. WYNN, GINNY BROWN-WAITE of Florida, Mr. BU- H.R. 5519: Mr. MCHUGH. Mr. LOBIONDO, Mr. PASCRELL, Mrs. CUBIN, CHANAN, Mr. DINGELL, Mr. SAM JOHNSON of H.R. 5524: Mr. SHAYS, Mrs. MUSGRAVE, Mrs. Mr. BLUMENAUER, Mr. HOLDEN, Mr. CROWLEY, Texas, Mr. BILIRAKIS, Mr. BACHUS, Mr. BACA, CAPITO, Mr. PUTNAM, Mr. PASTOR, Mr. SCOTT Mr. HODES, Mr. KIRK, Mr. COBLE, Mr. VIS- Mr. GRIJALVA, Mr. TOM DAVIS of Virginia, of Virginia, Mr. CONYERS, Ms. JACKSON-LEE CLOSKY, Mr. HOEKSTRA, Mr. FRANKS of Ari- Mr. UPTON, Mr. KANJORSKI, Mr. HASTINGS of of Texas, Mr. WAXMAN, Ms. NORTON, Mr. zona, Mr. SIRES, Ms. SUTTON, Mr. DONNELLY, Florida, Mr. BARTLETT of Maryland, Mr. ELLISON, and Mr. LEWIS of Georgia. Ms. FALLIN, Mr. LIPINSKI, Mr. DELAHUNT, Mr. ELLSWORTH, Mr. TAYLOR, Mr. ALEXANDER, H.R. 5534: Ms. BERKLEY and Mrs. DAVIS of BOSWELL, Mr. YOUNG of Florida, Mr. BAR- Mr. SKELTON, Mr. GILCHREST, Mr. BISHOP of California. RETT of South Carolina, Mr. STUPAK, Mr. New York, Mr. SMITH of Texas, Mr. MCKEON, H.R. 5540: Mrs. DRAKE. CUMMINGS, Mr. CARDOZA, Mr. MATHESON, Mr. Mr. LATHAM, Mr. FLAKE, Mr. JOHNSON of Illi- H.R. 5542: Mr. SHADEGG. CALVERT, and Mr. ANDREWS. H.R. 5545: Mr. BRADY of Texas. H. Res. 102: Mr. WALBERG. nois, Mr. WU, Mr. DANIEL E. LUNGREN of Cali- H.R. 5546: Mr. SHULER and Mr. WHITFIELD. H. Res. 111: Mr. SALI. fornia, Mr. MICHAUD, Mr. WELDON of Florida, of Kentucky. H. Res. 248: Mr. FRANK of Massachusetts. Mr. SULLIVAN, Mr. ORTIZ, Mr. PASTOR, Mr. H.R. 5567: Mr. MCCOTTER. H. Res. 373: Ms. SOLIS. WESTMORELAND, Mr. MCINTYRE, Mr. GARY G. H.R. 5590: Mr. MCNULTY. H. Res. 424: Mr. SPACE. MILLER of California, Mr. MCHENRY, Mrs. H.R. 5595: Mr. RYAN of Ohio, Mr. OBERSTAR, H. Res. 834: Mr. HODES. EMERSON, Mr. PRICE of Georgia, Mr. LEWIS of Mr. ALTMIRE, Mr. BERRY, Mr. HOLT, Mr. H. Res. 858: Mr. PETERSON of Minnesota and California, Mr. SHIMKUS, Mr. SHULER, Mr. CAPUANO, Ms. KAPTUR, Mr. HOLDEN, Mr. Mr. CAMP of Michigan. KELLER, Mr. BROUN of Georgia, Mr. YOUNG of MOORE of Kansas, Mr. TAYLOR, Ms. HARMAN, H.. Res. 896: Mr. GENE GREEN of Texas and Florida, Mr. PETRI, and Mr. DAVID DAVIS of and Mr. WELCH of Vermont. Ms. ROYBAL-ALLARD. Tennessee.

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VerDate Aug 31 2005 03:00 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A10AP7.051 H10APPT1 wwoods2 on PRODPC68 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, THURSDAY, APRIL 10, 2008 No. 57 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, have up to 2 hours to debate the called to order by the Honorable MARK PRESIDENT PRO TEMPORE, amendments prior to votes on the L. PRYOR, a Senator from the State of Washington, DC, April 10, 2008. amendments and passage of the bill, as Arkansas. To the Senate: amended, if amended. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby When the Senate completes the En- PRAYER appoint the Honorable MARK L. PRYOR, a ergy bill, we will turn to executive ses- The Chaplain, Dr. Barry C. Black, of- Senator from the State of Arkansas, to per- sion to consider the nominations of fered the following prayer: form the duties of the Chair. four district court judges and a circuit Let us pray: ROBERT C. BYRD, court judge. There will be up to 4 hours Eternal Lord God, we pause today to President pro tempore. for debate prior to votes on confirma- thank You for all of Your blessings. Mr. PRYOR thereupon assumed the tion of the nominations. Thank You for the wonder of Your cre- chair as Acting President pro tempore. f ation, for the beauty of the Earth, for f PRESIDENTIAL DISCUSSIONS the order You did bring out of chaos, RESERVATION OF LEADER TIME for life itself. Mr. REID. I would say two things, Thank You for this legislative body The ACTING PRESIDENT pro tem- Mr. President. First of all, the distin- and for the opportunity to make a sub- pore. Under the previous order, the guished Republican leader and I had a stantive difference in the lives of leadership time is reserved. meeting with the President yesterday. American citizens and the people of our f I was happy to hear—I had heard he world. had issued a veto threat against this RECOGNITION OF THE MAJORITY bill, and he said that is not the case, Lord, be near to our lawmakers LEADER today. May they set their hearts on and that is good. I don’t expect the new and creative paths of service. Re- The ACTING PRESIDENT pro tem- President to like everything in our bill, mind them that no true peace is pos- pore. The majority leader is recog- but I think this is the beginning of the sible without You. Let them remember nized. process. This bill will go to the House, that they are responsible for lifting f and with the House and the White House, we can come up with a piece of others. Heighten their sensitivities and SCHEDULE broaden their concerns, until duty be- legislation fairly quickly. So I was comes a life and not an event. Give Mr. REID. Thank you very much, Mr. very satisfied with the housing discus- them clear heads and trusting hearts. President. sion with the President yesterday. We pray in the Redeemer’s Name. Following my remarks and those of f Amen. the Republican leader, the Senate will proceed to a period of morning business CONFIRMATION OF JUDGES f for up to 60 minutes. Senators will be Mr. REID. Finally, on the judges, I PLEDGE OF ALLEGIANCE allowed to speak for up to 10 minutes appreciate the Judiciary Committee each during that period of time, with reporting out these judges. In a Presi- The Honorable MARK L. PRYOR led the times equally divided and con- dential election year, it is always very the Pledge of Allegiance, as follows: trolled between the two leaders or tough for judges. That is the way it has I pledge allegiance to the Flag of the their designees. The majority will con- been for a long time, and that is why United States of America and to the Repub- trol the first half and the Republicans we have the Thurmond rule and other lic for which it stands, one nation under God, the second half. such rules. But I have indicated to the indivisible, with liberty and justice for all. Following morning business, the Sen- Republican leader that we are going to f ate will resume consideration of the try to move these nominations along. housing bill, and around 11 or maybe We are trying to keep up with the aver- APPOINTMENT OF ACTING shortly thereafter, we will proceed to a age that has gone on in years past PRESIDENT PRO TEMPORE series of three votes on the remaining without a lot of political bickering. The PRESIDING OFFICER. The amendments and passage of the bill. We have the finest judicial system in clerk will please read a communication Upon disposition of the housing bill, the world. We need to make sure we to the Senate from the President pro the Senate will proceed to S. 2739, the keep it that way. One of the things we tempore (Mr. BYRD). energy lands bill. There are four are looking to do—and, hopefully, we The legislative clerk read the fol- Coburn amendments in order to the may even be able to do it on the sup- lowing letter: bill, and the proponents and opponents plemental appropriations bill; and one

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

S2829

.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2830 CONGRESSIONAL RECORD — SENATE April 10, 2008 way or the other, the President indi- mously confirmed to two Federal posi- two Republican Senators in the Fourth cated yesterday there will be some tions and most recently to a lifetime Circuit—or, in this case, four Repub- things he wants to put on it other than position on the district court, has the lican Senators in that circuit—support the direct funding—whether we can do strong support of both of his home two nominees, that doesn’t seem to it at that time or later in the year, we State Senators. Yet he has been wait- mean anything. need to do something about increasing ing for 268 days. We need to treat all of the Senators judges’ pay, and I hope we can do that. My Democratic colleagues are quick who represent the Fourth Circuit con- Thank you, Mr. President. to point to the lack of home State sup- sistently and fairly. We can do that by f port as a reason not to give someone a holding a joint hearing for Mr. Mat- hearing. But it is beginning to look as thews and Judge Conrad. Doing so will RECOGNITION OF THE MINORITY if this criterion is being selectively ap- make up for lost time and will afford LEADER plied. It is readily used as a reason not the Carolina Senators the respect to The ACTING PRESIDENT pro tem- to move a nominee, coincidentally, which they are entitled. pore. The Republican leader is recog- when the nominee is from a State with f nized. a Democratic Senator, but it is ignored TRIBUTE TO CORPORAL WINDELL f when the nominee has the support of two Republican Senators. At least that JERYD SIMMONS JUDICIAL CONFIRMATION has been the case to date with the Mr. MCCONNELL. Mr. President, in PROCESS Fourth Circuit nominees. Kentucky there is a family mourning Mr. MCCONNELL. Mr. President, I For example, Rod Rosenstein is the the loss of a young man who was taken wish to make a few observations about U.S. attorney in Maryland. He has been from them entirely too soon. On Sep- the status of the judicial confirmation nominated to the Fourth Circuit. By tember 21, 2006, CPL Windell Jeryd process, and then I will turn to another all accounts, Mr. Rosenstein is a fine Simmons was tragically killed when an matter. lawyer and public servant. His peers at improvised explosive device detonated It has been 108 days since the Senate the American Bar Association cer- under his humvee while on patrol near confirmed a Federal judge of any kind. tainly think so. They gave him the Taji, Iraq. The Hopkinsville, KY, sol- It last did so the week before Christ- ABA’s highest rating, ‘‘unanimously dier was 20 years old. mas, on December 18, 2007. Since then, well qualified.’’ For his valor in service, Corporal the Senate has made precious little The Washington Post also thinks Mr. Simmons received several medals, progress on judicial nominations. I Rosenstein is an outstanding nominee. awards, and decorations, including the don’t blame the majority leader for In an editorial entitled ‘‘A Worthy Army Good Conduct Medal, the Army that. I think we began this Congress Nominee,’’ the Post noted that Mr. Commendation Medal, the Purple with a general understanding of what Rosenstein has ‘‘earned plaudits for his Heart, and the Bronze Star. we hoped to achieve, and that is still crackdown on gang violence and public Jeryd, as he was known, may have possible. But as of today, we have not corruption,’’ and that one of his sup- been born in Nuremburg, Germany, in confirmed any judicial nominees this porters at the head of the Criminal Di- 1986, but he was raised in Hopkinsville. year, and the Judiciary Committee has vision during the Clinton administra- Jeryd’s mother, Betty Simmons-Mayo, held only one hearing on one circuit tion, Jo Ann Davis, called him a ‘‘per- tells us how her son would always greet court nominee since last September. fect’’ candidate for a judgeship: her whenever he entered a room. Today we will finally be able to con- Smart, savvy and as straight of an arrow Jeryd used to always enter a room firm some judicial nominees. That is as I have ever encountered. and say,‘‘Hey Mom.’’ Then whenever he obviously good news, and I applaud The Post bemoaned the fact that Mr. would come back into the room, he that. But after we confirm the judicial Rosenstein does not have the support, would say, ‘‘Hey, Mom’’ again, she re- nominees on the calendar, that may be for some reason, of his home State Sen- calls. I think he would say ‘‘Hey, it for a while due to the glacial pace at ators, and out of deference to them the Mom’’ at least 15 times a day. He would which the Judiciary Committee is pro- committee would not process Mr. start his e-mails from Iraq with ‘‘Hey, ceeding. Rosenstein’s nomination. But Mr. Mat- Mom.’’ It is not as if the committee has been thews and Judge Conrad do enjoy the But her friendly son was not without otherwise occupied. This is another strong support of their home State his mischievous side. Betty also recalls week in which the committee could Senators. Yet those nominees can’t get a time when Jeryd hid a water gun be- have held a hearing, for example, on a hearing. So it doesn’t seem that the hind his back and would sneakily shoot the qualified nominees to the Fourth same sort of deference is being paid to his mother, brother, and sister with it Circuit Court of Appeals, but again it the Carolina Senators as to others. every time they walked by. Whenever chose not to. These nominees meet the I do understand the committee in- one of his victims accused him of being chairman’s own criteria for prompt tends to give a hearing to the Fourth a culprit, Jeryd would plead innocence. consideration. Nevertheless, they have Circuit nominee from Virginia because So his mother hatched a scheme to been inexplicably languishing for hun- the junior Senator from Virginia—a prank the prankster. She said: dreds of days without a hearing while Democrat—in addition to the senior Jeryd loved to play practical jokes. To get the Fourth Circuit is one-third vacant. Senator from Virginia—a Republican— him back, I got everyone a water balloon, We were told that having the support support the nominee. It is great that and the next time he was outside, we threw of home State Senators ‘‘means a great the committee may actually at some balloons at him. He stopped shooting every- deal and points toward the kind of point move a circuit court nominee, es- one after that. qualified consensus nominee that can pecially one to a circuit that is 33 per- Jeryd graduated from Christian be quickly confirmed.’’ cent vacant. But why is this nominee County High School in 2004 and set his Let me say that again. We were told leap-frogging over two other nominees sights on enlisting in the U.S. Army. that having the support of home State to the very same circuit, both of whom He had made his decision to serve his Senators ‘‘means a great deal and enjoy the strong support of their home country before graduating. points toward the kind of qualified con- State Senators and both of whom have Jeryd’s friends remember him as a sensus nominee that can be quickly been pending for hundreds of days natural leader, somebody they would confirmed.’’ longer than the nominee from Vir- dearly miss, but also someone they Well, Steven Matthews of South ginia? knew would make them proud for his Carolina had the strong support of both It looks as though if a Democratic service in uniform. of his home State Senators, one of Senator in the Fourth Circuit opposes ‘‘He was like the ring leader. He was whom, by the way, sits on the Judici- the nominee, then the committee will the best,’’ says Tad Abukuppeh, a high ary Committee, but he has been wait- not move the nominee, and if a Demo- school classmate. ‘‘No matter what it ing 217 days just to get a hearing. cratic Senator of the Fourth Circuit was, he was always energetic about ev- Judge Robert Conrad of North Caro- supports the nominee, then the com- erything we did together.’’ lina, whom the Senate majority unani- mittee will move the nominee. But if Another friend, Justin Baker, agrees.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2831 He was pretty quiet in school, but when of Bear Stearns by JPMorgan Chase man Cox and Attorney General you got him out of school, he was one of the and the events that caused the down- Mukasey to respond to me and the Sen- funniest guys you would meet. He was the fall of one of our largest investment ate Banking Committee with a report idea man. If we were bored, he would think banks and its eventual merger with as early as possible about this inves- of something to do. JPMorgan Chase. tigation. Jeryd enlisted on June 24, 2004, and When I first learned of the merger, I The American taxpayers have been was assigned to HHC Company, 3rd urged Chairman DODD to hold a hear- Battalion, 67th Armored Regiment, 4th asked to carry the burden of a $29 bil- ing. Last week, the Banking Com- lion loan that is linked to possibly Brigade, 4th Infantry Division, sta- mittee began to exercise its much- tioned in Fort Hood, TX. risky mortgage backed securities. In needed oversight role on this deal. The fact, JPMorgan Chase would not have He was deployed to Iraq in December hearing served to shine a spotlight on 2005. Jeryd wrote in an email to his agreed to acquire Bear Stearns had the the actions of the Federal Reserve and government not shared the risk. mother that he would be home in time the Treasury Department. I want to repeat that one more for Christmas. But, sadly, that was an Over the past 2 weeks, we have time—one of the world’s largest and appointment he would not keep. learned much about the events that led Jeryd’s funeral service was held in most respected investment banks up to Bear Stearns demise and how the Hopkinsville, where he was buried in a would not carry the full risk without government interceded to save it. Un- veterans’ cemetery. He was laid to rest government aid. And we are supposed fortunately, some of the accounts have with full military rites, including a 21- to believe on blind faith that the in- raised more questions than answers. gun salute and the playing of ‘‘Taps.’’ vestment is safe and will be repaid in Congress must continue to look into A memorial service for Corporal Sim- full? this deal and possible illegal behavior. mons was held in Fort Hood also. At Mr. President, I am calling on the Knowing the consequences and the that service, CPT Brad McBrayer re- proper law enforcement authorities to burden is being carried not only by membered Jeryd as someone who made investigate whether illegal insider shareholders, but by average taxpayers people laugh. He reminded his fellow trading may have fueled Bear Stearns’ who live paycheck-to-paycheck, we soldiers of Jeryd’s career ambition to downfall. must learn if the Federal Reserve acted be a special agent for the FBI someday. In the days, hours and, ultimately, properly. Our thoughts are with the Simmons minutes before news of Bear Stearns We must be certain that investors did family today after the loss of CPL became public, it appears trading in not violate laws barring speculators Windell Jeryd Simmons. We are think- Bear Stearns’ stock jumped substan- from engaging in market manipulation ing of his mother, Betty Simmons- tially. or insider trading. We must be certain Mayo; his father, William Simmons; Volume trading in shares of Bear that the taxpayers did not post a pre- his stepfather, Jamel Mayo; his broth- Stearns jumped from just over 5 mil- emptive bailout to cover massive short er, William J. Deal; his sister, Jarysa lion shares on the first day of trading selling for those to make money in the L. Simmons; his step-grandmother, in March to an astronomical 186,986,900 markets. Mrs. Alfreda Brewer, and many other shares on March 14—2 days before the beloved family members and friends. I rose on the floor last week to raise Fed authorized the $29 billion bailout. April Harris, Jeryd’s math teacher my concern for the families in Mon- Let me say that one more time. Vol- from Christian County High, remem- tana and the rest of the country who ume trading in shares of Bear Stearns bers Jeryd this way: ‘‘He could have work hard and play by the rules; yet, jumped from just over 5 million shares taken the easy route,’’ she says, ‘‘but can’t find a decent place to live that on the first day of trading in March to he wanted to prepare himself.’’ they can afford. And for communities While she was speaking about Jeryd’s an astronomical 186,986,900 shares on throughout rural America where oppor- efforts in her classroom, she could eas- Friday, March 14. In fact, the previous tunity is slipping away because of the ily have been talking about the focus high in volume over the last year was failure of the national leadership to in- and determination Jeryd applied to life just over 28 million shares. Yet on vest in basic infrastructure that con- itself. March 14, shares of Bear Stearns were nects us to one another. traded nearly 187 million times. They Our Nation is honored to have so These families cannot be asked to were traded at nearly 187 million many sons and daughters like CPL cover what some are calling a Govern- Windell Jeryd Simmons, who choose to times. It is uncertain whether or not ramp- ment bailout when they are having stand and fight for freedom and for hard time filling their truck with die- their country. ant fears of the company’s demise led to that spike or whether those looking sel and to save for their kid’s college On behalf of a grateful Nation, this fund. U.S. Senate salutes Corporal to make a buck engaged in illegal mar- ket manipulation. I look forward to hearing back from Simmons’s choice to serve. We owe his the SEC and Department of Justice. I family a debt that cannot be repaid. During the hearing last Thursday, I asked SEC Chairman Cox if he was hope they tell me that it was fear and And we will forever honor his sacrifice. nothing but market dynamics and not Mr. President, I yield the floor. aware of any evidence suggesting that speculators had bet heavily that Bear illegal trading. I hope they will tell me f Stearns’ share price would fall, known that the $29 billion loan was justified MORNING BUSINESS on Wall Street as ‘‘short selling.’’ and was a one-time act to prevent an The ACTING PRESIDENT pro tem- Chairman Cox responded: ‘‘I’m a lit- economic meltdown. pore. Under the previous order, the tle bit constrained because the SEC is But if there was insider trading and Senate will proceed to a period of in the law enforcement business.’’ He market manipulation, the proper law morning business for 60 minutes, with stated that SEC pursues insider trad- enforcement authorities of the U.S. Senators permitted to speak therein ing aggressively and said his agency government must respond with appro- for up to 10 minutes each, with the was mulling ‘‘several law enforcement priate action and prosecute any wrong- time equally divided and controlled be- matters’’ that had not been filed in any doing to the fullest extent of the law. tween the two leaders, or their des- U.S. court. Thank you, Mr. President. I yield the ignees, with the majority controlling Today, I will be sending this letter to floor. Chairman Cox, as well as Attorney the first half and the Republicans con- The ACTING PRESIDENT pro tem- General Mukasey, calling on them to trolling the final half. pore. The Senator from Florida is rec- immediately and thoroughly inves- The Senator from Montana is recog- ognized. nized. tigate the role that short-selling Mr. NELSON of Florida. Mr. Presi- f played in the events surrounding Bear Stearns’ collapse. dent, we are in morning business, is INSIDER TRADING Market manipulation is illegal and that correct? Mr. TESTER. Mr. President, I rise must be prosecuted to the fullest ex- The ACTING PRESIDENT pro tem- today to discuss the recent acquisition tent of the law. I am asking that Chair- pore. That is correct.

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It the morning, and then I had a chance ma each of them went through and the is safe to say there has been much en- to visit with them again in the after- way they were treated by their fellow thusiasm about this idea of moving for- noon in the Senate Foreign Relations American workers and fellow contrac- ward on extending expiring green en- Committee. These are two very dedi- tors in the aftermath of them not being ergy tax credits and doing so in a way cated and bright public servants, and able to get any help. In each case it that we can get the requisite votes we their public service is certainly appre- was not until the military intervened need for the measure to become law ciated, and we expressed that—I think that they actually got any help. In the and be signed by the President. every Senator who questioned them. case of Mrs. Leamon, it was 5 weeks I also want thank Senators BAUCUS The bottom line for this Senator after the fact when she was finally able and GRASSLEY for their continued focus from the State of Florida is that if we to see a U.S. military doctor at an- on green energy tax credits, they un- go back and look at what was the ini- other base from the forward operating derstand that we need to move forward tial reason stated for the surge, which base where the assault took place, and on leveling the playing field between was over a year ago, it was stated that she in fact was told by the doctor that the fossil fuel industry and making in- it was to bring some stability and give you need to continue to try to work vestments in green energy technology. some time in order that the Sunnis and through this and get help; you were I know the Finance Committee has had the Shiites could have more reconcili- drugged and you were raped. many conversations about this issue, ation so they could start charting a The second panel in our hearing was and I am sure they will continue to more stable government for them- the Department of Justice, the Depart- make it a top priority. selves. When pressed on whether that ment of State, and the Department of I particularly want to thank my col- political reconciliation had occurred, Defense. To say the response on why league Senator ENSIGN of Nevada, with both General Petraeus and Ambassador there had not been a prosecution of 26 whom I have had an opportunity to Crocker said they thought it had. And identified assaults among contractor work on several issues in the past such then when I asked, well, what laws personnel—not U.S. military—contrac- as protecting electricity consumers, have been passed, they named two or tors, American women personnel and ratepayers, from the Enron debacle, to three, as if that were the example of there had not been one conviction was, now working with him on these green political reconciliation, and I think it indeed, not only deeply disturbing but energy tax credits. I applaud him for would be one indicia. deeply disappointing. standing up and taking the lead and I further asked had those laws been The way I tried to conduct that hear- understanding how renewable energy implemented. Of course, with each of ing, since I chaired the hearing, was to will play a key role in our Nation’s the questions that narrowed the focus, say to those representatives of the De- economy moving forward, certainly the the answer was less and less painting a partments of State, Defense, and Jus- Nevada economy, and the need to pro- picture that political reconciliation tice that we were going to conduct that vide a level playing field to keep this had occurred. We would certainly hope hearing in a respectful way, and at the year’s investment cycle going. Senator end of the day what we wanted was to that political reconciliation would ENSIGN understands that, and I appre- occur, because it would clearly be in graphically bring to light the problem ciate his leadership in getting the that is occurring, not only with the as- the interest of the United States that other side of the aisle to participate in saults but the aftermath where Amer- Iraq could be stabilized. the sponsorship of this amendment. ican women cannot get justice, and It is the opinion of this Senator that I also want to thank Senator REID the political reconciliation has not oc- that it is the responsibility of their ul- who, being from Nevada, understands curred—while at the same time the ag- timate guarantors, the very depart- how important the solar energy and gressive diplomatic effort in reaching ments that are contracting out for the the green energy tax credits are for his out to other countries in the region war effort, to see that justice is done. State’s economy, but he also under- that are very important to bringing Hopefully, that may have occurred yes- stands the national economy depends terday, to remind all those folks that about political reconciliation in Iraq on us moving off of fossil fuels. I appre- in a very difficult environment, a war has not occurred. Therefore, the tre- ciate his steadfast support in getting zone, we still have to obey the rule of mendous success and effectiveness of this legislation passed. We are fortu- law and, particularly, when it comes to the surge, militarily, in fact has not nate to have Senator REID on our side the rights of Americans, and particu- borne the fruit of political reconcili- in the upcoming negotiations with the larly American women, to be protected ation as we had hoped it would. That is House, we need to make sure this legis- and to have the full extent of the law a disappointment to this Senator. lation is actually passed by the House On the subject of Iraq, I need to bring to support their rights. I bring this to the attention of the and signed into law. to the attention of the Senate that yes- We are at this point because we be- Senate because this is not the last time terday I had the privilege of chairing a lieve the investments in green energy we are going to hear about this issue subcommittee in the Senate Foreign and, hopefully, the next stories we will tax credits, production tax credits for Relations Committee on the question hear in the aftermath of this drama wind and other renewables, investment of whether the rapes of American that played out in front of the Senate tax credits for solar, fuel cells, and for women who are contractor personnel in Foreign Relations Committee yester- other promising energy sources, and Iraq as a result of the war effort day will be more a story of success, of the efficiency tax credits that are in there—whether these rapes are being how the wheels of the Department of this legislation are stimulative. They prosecuted. The answer to that is, Justice will continue to turn to, as the are stimulative. We voted in this body sadly, no. We had dramatic testimony Good Book says, love mercy and to do to put them as part of a stimulus pack- by a Mrs. Mary Beth Kineston, who is justice. age, and the Senate Finance Com- a rape victim, and Mrs. Dawn Leamon, I yield the floor. mittee said we think in addition to who for the first time revealed her The ACTING PRESIDENT pro tem- checks going to households, some ac- identity yesterday in the hearing. In pore. The Senator from Washington. tivity that would keep investment and the couple of times she spoke on the f create jobs in 2008 should be a priority. radio before, she was using a pseu- Mr. President, this is a stimulative donym. Of course, that testimony was GREEN ENERGY TAX CREDITS measure that would keep about 100,000 exceptionally emotional, and it was Ms. CANTWELL. Mr. President, I jobs and keep and protect about $20 bil- very graphic as to the trauma that rise this morning to talk about the En- lion of investments this year. That is these two women had suffered, not only sign-Cantwell amendment we are going why it is part of this underlying bill, in the act of the sexual assault—and in to be voting on shortly. and we hope the House will look at this

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The opportunity for JUDICIAL NOMINATIONS ing guidance as to the rest of the year America to become a leader in green and their investments. If we do not energy technology is at our doorstep Mr. SPECTER. Mr. President, there make it clear as a Congress that we be- today. But if the United States does is a strong sentiment in the Republican lieve in these tax credits, they are not realize it needs to put its foot on caucus that President Bush’s nominees going to start canceling projects. the accelerator, then we are not doing for judicial confirmation have not been I know I have been to the floor and our job in communicating the facts. fairly treated. We have not had a single said this previously, but now have the The Europeans, the Chinese, and the confirmation of a Federal judge this last month’s numbers as it relates to rest of the world are going to move year. I know we have some listed actual job loss, the 80,000 jobs that ahead in the manufacturing of green today, but up until this moment there have been lost in our economy, and if energy technology. The United States has not been a single confirmation. you looked deeply, you would probably can be a leader in that new green-collar There was no hearing for any circuit find some of those jobs are these en- industry or it simply can be a market- court nominee from September of last ergy-related jobs, where we have not place for other countries’ technology year until February 21 of this year, and given predictability to investors and, solutions. only one circuit court nominee has had consequently, they are starting to can- This Senator wants the United a hearing in over the past 6 months. cel projects. States to be a green energy technology This is totally unacceptable. This Senator does not want to see the leader. I want us to be an exporter of In the last 2 years of President Clin- next quarter’s numbers and see the the green energy technologies devel- ton’s administration, 15 circuit judges greater job losses because Congress oped and manufactured here at home, and 54 district judges were confirmed; would not give predictability in the tax creating jobs in the United States and thus far in this Congress, only 6 of code. This is a time when our economy leveraging the know-how we have in President Bush’s circuit judges and 34 needs investment. It needs investment green energy technologies to provide district judges have been confirmed. in those activities that are going to much needed solutions around the Even with confirmation of those on the help consumers in the long run lower globe. list today, President Bush is far behind their energy costs, but, frankly, this is To do that, the United States has to where President Clinton stood. an investment we can make right now give predictability in our tax code. It The Fourth Circuit is a judicial that will help our economy create has to recognize we are willing to turn emergency. The nominations of Judge much needed new jobs and investment. our ship off the fossil fuel direction and Conrad and Mr. Matthews are long What is our goal? I know many of my on to green energy solutions that will overdue. Peter Keisler, a very distin- colleagues would say: Let’s go back to help our economy, help our environ- guished nominee for the DC Circuit, the drawing board and see if we can ment, and help shift the change we has languished for an interminable pe- find a pay-for way of doing this. I am need in our foreign policy. riod of time. There are not adequate sure this discussion is going to come up I hope my colleagues will take this reasons for failure to move the nomi- in the House of Representatives as vote on the Ensign amendment this nees in Maryland, New Jersey, and well. But I remind my colleagues, we morning with a lot of foresight into the Rhode Island, and I am negotiating have tried that approach three times. debate that is going to continue to now with Senator CASEY on the pend- We have tried that approach, and we happen and to support the Ensign- ing nomination of Gene Pratter for the have failed. The White House has Cantwell amendment, to sign onto the Third Circuit. Thomas Farr in North issued veto threats every time we tried underlying bill to say it is time for us Carolina deserves confirmation to the to pay for these measures. To now say to move forward on this solution and district court, as does Davis Dugas in we are going to revert back to that I to urge our House colleagues to work Louisiana, James Rogan in California, think is going to leave in jeopardy the diligently to quickly put this legisla- and William Powell in West Virginia. investment cycle for 2008 of that 100,000 tion on the President’s desk so we can So a number of Republican Senators jobs and $20 billion of investment. get about the other vital energy tasks will be coming to the floor today to A more positive way to proceed is to we must address. protest what has been going on. I be- get this particular legislation passed There is much work to do, but let’s lieve the Republican caucus is correct and signed into law so we do not lose vote today with enthusiasm that the on this issue. I deviated from a Repub- the investment in the jobs, we do not United States is going to be more ag- lican caucus position and voted to con- see a 77-percent plunge in the invest- gressive in turning to green energy so- firm qualified nominees of President ment in wind like we did last time the lutions and to make the United States Clinton, and I was prepared to stand up PTC was allowed to expire. Or see a a leader in green energy technology. and to say that it is the constitutional drop off in solar or renewables or effi- I yield the floor, and I suggest the ab- prerogative of the President to nomi- ciency and the other areas that are sence of a quorum. nate and the constitutional obligation just starting to take off. Instead we The ACTING PRESIDENT pro tem- of the Senate to consent or to dissent— should get this off the table, signed pore. The clerk will call the roll. to not consent—to nominees, but not into law, and we have plenty of time The assistant legislative clerk pro- to hold them in limbo and not to fail to later this year to talk about how we ceeded to call the roll. have appropriate consideration of these are going to make green energy tax Mr. SPECTER. Mr. President, I ask judges. credits a priority in our Nation’s tax unanimous consent that the order for There is a growing movement in the code so this industry can take off and the quorum call be rescinded. Republican caucus to hold up legisla- continue to provide the certainty and The ACTING PRESIDENT pro tem- tion if we cannot move in any other predictability we need. pore. Without objection, it is so or- way to get justice on the confirmation What I am saying is, we should not dered. of these judges. It is a time-honored pin a gold medal on our chest for work f practice in this body to put holds on we should have done in 2007 to give the legislation or holds on nominations or market predictability on green energy ORDER OF PROCEDURE otherwise to delay legislation from tax credits. This work is actually late Mr. SPECTER. Mr. President, I ask being considered. I think that it is a to the game. Let’s finish it and be unanimous consent that the Repub- very problematic tactic myself, but it proud we did so in a bipartisan fashion lican time be allocated to the following is used frequently by the minority to to break the logjam, but now let’s get Senators for 5 minutes each: myself, get some action by the majority.

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Democratic colleagues to reject simi- the patent laws and to protect intellec- Mr. President, I yield the floor. larly spurious claims against the many tual property and to maintain Amer- The ACTING PRESIDENT pro tem- well-qualified nominees who deserve to ican competitiveness—very important pore. The Senator from Texas. have hearings and who deserve up-or- legislation. But the confirmation of Mr. CORNYN. Mr. President, I rise down votes in committee and on the Federal judges is also very important. this morning to join my colleagues be- Senate floor. Very important indeed. cause I share their concerns about the Mr. President, I yield the floor. Now, Senator LEAHY, Senator HATCH, immediate need to schedule hearings The ACTING PRESIDENT pro tem- and I have been engaged in very exten- and then up-or-down votes on 10 highly pore. The Senator from Utah. sive discussions to try to come to qualified judicial nominees currently Mr. HATCH. Mr. President, one of my agreement on the substance of a patent pending before the Senate Judiciary colleagues was recently quoted as say- reform bill. We have had many con- Committee. ing that facts are stubborn things. versations. Every day for the past This immediate need for judicial con- The facts are that the majority has many days—including yesterday—we firmations is especially true in the U.S. virtually shut down the judicial con- have had several discussions between Court of Appeals for the Fourth Cir- firmation process. Some say that the process always myself and Senator LEAHY, between cuit, which serves the residents of Vir- shuts down in a Presidential election myself and Senator HATCH, and yet we ginia, Maryland, North Carolina, South do not have it right, in my judgment. Carolina, and West Virginia. As a mat- year, so I checked every one since I was We are very close on a critical issue of ter of fact, there are currently 19 judi- first elected. By today, April 10, in each of those inequitable conduct. We certainly have cial emergencies across the United Presidential election years, the Judici- to stop the surge of litigation where States, 9 including circuit court judi- ary Committee had held hearings for there is no reasonable basis to do so, cial emergencies, and it is imperative multiple appeals court nominees. and I think the inequitable conduct that the Senate do its duty to schedule But this year, only one appeals court provision, which I have been pressing hearings and then have votes on the nominee has had a hearing, and there for, is indispensable. Perhaps we have nominees who have been sent over by is not another one on the schedule. the White House. agreement there, but it may be condi- The Judiciary Committee held no The Fourth Circuit is currently oper- tioned on something else. The damage confirmation hearing at all last month, ating without a third of its judges. The provision is not yet satisfactory, and I and last week’s hearing was yet an- Washington Post observed that: think we have to get it right even if it other one with no appeals court nomi- takes time. The Senate should act in good faith to fill nee. Now, I am aware that the majority vacancies, not as a favor to the President The facts are just as stubborn when but out of respect for the residents, the busi- leader would like to move ahead with a we look at the entire 110th Congress. bill, with a window which may be open nesses, defendants and victims of crime in the region the 4th Circuit covers. Since I was first elected, there have in the immediate future. There is noth- been seven Congresses like this one I sincerely hope the distinguished ing to stop any other Senator from in- that included a Presidential election chairman of the Judiciary Committee troducing the bill in its present form year. will work with Republican Members to and to take it up and to take up the During each of these Presidential remedy this unfortunate and untenable disagreements we have on damages, for election Congresses, the Judiciary situation in the Fourth Circuit. Chair- example, and to vote on them. There is Committee held hearings for an aver- man LEAHY and I have a solid record of the issue of cloture on a motion to pro- age of 25 appeals court nominees. ceed, and I would not anticipate dif- working together on a bipartisan basis But today, more than 15 months into ficulty on that unless the Republican on a variety of issues, ranging from the 110th Congress, the Judiciary Com- caucus moves ahead with a judgment open Government to public corruption, mittee has held a hearing for only five that we are not going to permit the and I am hopeful we can add this to appeals court nominees. patent reform bill to move ahead, as a that list. This amounts to just one-fifth of the matter of leverage to get fair and equi- I am also grateful for his cooperation average for previous Presidential elec- table treatment on the judges. At this in dealing with two recent Fifth Cir- tion seasons. moment, I am not prepared to say cuit nominees. The latest of these If the partisan roles were reversed where I would be on that issue. It Fifth Circuit nominees is Catharina and the pace of hearings for appeals would be my hope that we could work Haynes, a distinguished member of the court nominees had slowed to perhaps these matters out and that Senators bar in Dallas, TX, and former State one-half or one-third of the historic av- could come to an agreement on these court judge. In February, the chairman erage, I can guarantee you that my matters. held a hearing for Ms. Haynes. That friends across the aisle would be down Mr. President, I ask unanimous con- hearing, by the way, was the first—and here raising the roof about how we sent for 1 additional minute. is still the only—circuit nominee hear- were failing to do our confirmation The ACTING PRESIDENT pro tem- ing that has occurred since last Sep- duty. pore. Without objection, it is so or- tember. Thus, the problem is painfully In fact, when I chaired the Judiciary dered. obvious. We need more hearings and Committee under the previous Presi- Mr. SPECTER. I would hope that more markups of nominees and more dent and the hearing pace was actually there could be agreement on the issue votes on the floor. much faster than it is today, they did of judges, that we could find a way to Later today, the Senate will vote on complain early, loudly, and often. deal with Peter Keisler, and that we Ms. Haynes’s nomination and, I hope, But the pace today is worse than one- could find a way to deal with the nomi- confirm her to the Federal bench. She half, worse than one-third, worse even nations of Judge Conrad and Mr. Mat- is an outstanding circuit court nomi- than one-fourth of the historic average. thews and others in the Fourth Circuit nee, well qualified in terms of her legal The current Judiciary Committee so that we do not have to resort to ability, her experience, and her judicial hearing pace for appeals court nomi- using leverage like withholding con- temperament. Her nomination has not nees is the worst in decades. sent on other legislation, which would been contentious or controversial. I am In fact, there is no current pace at prevent moving ahead with cloture on pleased our colleagues on the other all. a motion to proceed. I am available to side of the aisle have rejected manufac- Or look at what is going on or I discuss this with Members on the other tured criticism of her record and the should say what is not going on, here side of the aisle. calls from the hard-left interest groups on the Senate floor.

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It is important because It is important that we maintain this By this time that year, by April 10, it happens that, more often than not, tradition of doing at least 15—and we 1992, the Senate had already confirmed in the last 2 years of a Presidency the should do more than that—circuit 25 nominees to the Federal bench. other party controls the Senate. That judges in the last 2 years. It does not look like the Senate will has been the case in the last three My colleagues have spoken to dif- confirm 25 judicial nominees for the Presidencies, and this Presidency. In ferent judges. ARLEN SPECTER, the sen- entire rest of the year. this case a Republican is the Chief Ex- ior Senator from Pennsylvania, who is This afternoon we will finally have ecutive and the Democratic Party con- the ranking Republican on the Judici- the opportunity, the first opportunity trols the Senate. That has been the ary Committee, specifically mentioned of the year, to vote on a few nominees tradition. Peter Keisler, who has been pending to the Federal bench. As a result, and since we do not know the longest. He has been pending for al- The majority has stalled judicial whether a Republican or a Democrat is most 2 years. In fact, he was nominated confirmation votes longer this year going to be elected President next time to the District of Columbia Circuit than in any Presidential election year or which party is going to control the Court in June of 2006 and received a since 1848. Senate, it has been understood by both hearing in August of that year. He is Yes, you heard me right. parties that you do not play politics widely regarded as well qualified, fair This is the latest start to judicial when it comes to confirming judges be- minded, and has received support from confirmations of any Presidential elec- cause, while you may be able to stop all over the political spectrum. He is a tion year in 160 years. the other party’s President’s nomina- graduate magna cum laude from Yale That was the century before last. tions one time, they might be able to University. He received his law degree That was before Utah even became a stop yours next time. Besides which, it from Yale Law School. He clerked for a territory, let alone a State. is not good government. It is not doing judge on the DC Circuit and for a Jus- The last time the Senate waited this the people’s business. The President tice in the U.S. Supreme Court. He long in a Presidential election year to was elected fair and square. He has the served in the White House Counsel’s Of- confirm Federal judges, James Polk, right to submit judicial nominees and fice, has been in private practice, the 11th President, was in the White it is the Senate’s obligation under the joined the Justice Department where House. Constitution to act on those nominees. he was assistant attorney general for What could possibly explain such ab- That is why my colleagues and I have the civil division and was even Acting ject confirmation failure? pointed out the historical record, that, Attorney General during a brief time I might have missed it, but I am not for example, since the Reagan and between the time that Judge Gonzales aware of any domestic armed conflict Clinton and first Bush administrations, left the Attorney General’s position today that is disrupting the Senate’s during the last 2 years of the adminis- and Judge Mukasey took his place. business. tration, when the other party con- The American Bar Association has Yet the Civil War did not stop the trolled the Senate, the average for con- rated him ‘‘unanimously well quali- Senate in 1864 from confirming seven firmation of circuit nominees is 17. The fied.’’ You cannot get a higher rating judges before April 10. last President was President Clinton, Senators today do not have to use than that. The Washington Post—no Republicans controlled the Senate, but horses or carriages or travel on dirt particular friend of this administra- we confirmed 15 of his nominees for cir- roads. tion—editorialized in favor of Keisler, Yet slow, burdensome travel did not cuit judge in his last 2 years. describing him as a ‘‘highly qualified If we were to do the same thing with stop the Senate in 1884 from confirming nominee’’ who ‘‘certainly warrants regard to President Bush, we would five judges before April 10. confirmation.’’ have to confirm nine more circuit The Great Depression did not stop Keisler was also the subject of an edi- judges because there have only been six the Senate in 1932 from confirming 14 torial from the Los Angeles Times, confirmed last year—none this year. judges before April 10. which called him a ‘‘moderate conserv- The possibility of the Senate major- The pace at which circuit judges are ative,’’ and supported his nomination. ity party capturing the White House acted on ordinarily is a relatively slow There have been some who say we did not stop Republicans in 2000 from pace. We would have to do two a month should not fill the last seat on the DC confirming seven judges, including five for the remaining time we are in ses- Circuit because it doesn’t have as appeals court judges, before April 10. sion in order to achieve that. In fact, many cases as other circuits. There Today is April 10, 2008, and we will that would include the months of Au- was a point in time when that was true not confirm a single nominee to the gust and September, when we are not and I even noted that. But the reality Federal bench until this afternoon and likely to be here in August and Sep- is that today its caseload is increasing. even this late start was noticed only tember is not likely to be a month It needs to be filled and Peter Keisler is yesterday. where we would confirm judges. So we one of the nominees who should be sup- Facts are indeed very stubborn literally would have to confirm about ported. things. three a month in order to achieve the I urge my colleagues to find a way to The majority has already virtually same number as Clinton. hold the hearings and to bring these shut down the judicial confirmation Why are those numbers important? nominees to the floor so the Senate can process. Not just because it is what we should do its business and act on the nominees The Senate has not always operated be doing. The President has made of the President for the circuit courts. this way. nominations. The Judicial Conference The ACTING PRESIDENT pro tem- The majority is refusing to do what says many of these are judicial emer- pore. The Senator from Kansas. the American people sent us here to do gencies, meaning we have vacancies in Mr. BROWNBACK. Mr. President, I because—I guess, simply—they can. the circuits that need to be filled be- join my colleagues in saying that this That may be the reason, but it cer- cause there are not enough judges to do is the time for us to move. I am de- tainly is no excuse. the people’s business. We should do it lighted to see the majority leader and I yield the floor. because we should do it; it is our re- the majority whip here on the floor as The ACTING PRESIDENT pro tem- sponsibility. But even if you only look well, to talk, because there is a prac- pore. The Senator from Arizona is rec- at it from a political standpoint, the tical effect of what is soon to take ognized. reality is that if this tradition is bro- place around here if we don’t start Mr. KYL. Mr. President, in our coun- ken—of 15, 16, 17 judges in the last 2 moving judges soon, and specifically try over the last couple of hundred years of the administration—then circuit court judges. This is something

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Let’s do what judges in some significant numbers—I many, that many, we are going to get we can so we don’t spend our time on think my colleague from Arizona men- these moving through in some reason- the business of creating wedge issues tioned hitting some of the historic able fashion so the body can do its job. that don’t further the best interests of averages, or at least getting close to Judge Conrad is one of those who de- this country. Give President Bush five it—I think you are going to see people serves a hearing. If there are chal- or six more, seven or eight more dis- start to jam the body down and say lenges to him on the basis that we trict court nominees, all of which are that unless we start approving some don’t think he is qualified, we don’t qualified, bring them to the floor. Let’s circuit court judges, business is not like what he said here or there—fine, get it done so it doesn’t interfere with going to happen around here. hold a hearing so we can get those out other important work. It is time for I think people will understand why. in the air. Clearly, if we do not start the Senate to make good on promises. Circuit court judges are positions that moving some judges in reasonable It is time for it to reciprocate for what are significant, that are long lasting, numbers, you are going to start seeing President Bush did in terms of with- that are needed, and yet nominees are this body start to not move much drawing the four nominations. My hope not being approved. Why are they not through, as we begin to protest not get- is we will think about what is in the being approved? We have qualified ting judges approved. best long-term interest of the country nominees who are in the queue who We should not go that route. I hope and not the next election. have been waiting for a long period of we do not have to. I thank the Chair. time. I have one to talk about here, I yield the floor. The ACTING PRESIDENT pro tem- I suggest the absence of a quorum. Judge Robert Conrad in the Fourth The ACTING PRESIDENT pro tem- Circuit. The seat to which he has been pore. The Senator from Oklahoma. Mr. COBURN. Mr. President, I have pore. The clerk will call the roll. nominated is a judicial emergency. We sat here and listened and I have some The assistant legislative clerk pro- have a third of the positions on the outline notes from which to speak, but ceeded to call the roll. Fourth Circuit that are open. It is a ju- I am not sure we should. The very Mr. ALEXANDER. I ask unanimous dicial emergency. His nomination is thing we are talking about is what consent that the order for the quorum supported by both home State Sen- America wants to spit out, in terms of call be rescinded. ators. They want this position. In their elected representatives. The Sen- The ACTING PRESIDENT pro tem- North Carolina, Senator BURR and Sen- ate has an obligation to offer advice pore. Without objection, it is so or- ator DOLE both support this nominee. and consent. There is no question dered. He is highly qualified. The ABA says judges are important. That is why you Mr. REID. Mr. President, I ask if the this is a highly qualified nominee, are here, seeing a demonstration from distinguished Senator from Tennessee meeting their highest standard of the minority today, of judicial com- is ready to make his remarks, we ‘‘unanimously well-qualified.’’ This is mittee members, because we know it is should do it now. The two managers an individual who has been previously important. It is important across the are not here, but I am sure they would approved by this body for a Federal country because making law from the not care. Then when you complete your judgeship, and has now been nominated bench is something that is the antith- remarks, we will go forward. to move from the Federal district court esis of what most freedom-loving Mr. ALEXANDER. I am prepared to bench to the circuit court bench. It is Americans want. The idea that we go ahead. a judicial emergency. Yet Judge want to have judges who know their f Conrad’s nomination languishes and role, know the role of interpreting law has languished for over 250 days. rather than making law, is something CONCLUSION OF MORNING I think clearly what we are setting with which the vast majority of Ameri- BUSINESS up right now is for not much to happen cans agree. in the Senate. I think what you are The ACTING PRESIDENT pro tem- But I am struck by the fact that pore. Morning business is closed. going to see starting to take place— gamesmanship is taking place—not and we are serving notice here today, if just in terms of the majority but also f we do not start moving these nominees the minority. We are in a game now. NEW DIRECTION FOR ENERGY at some regular pace—qualified people How do we move this? How do we lever- INDEPENDENCE, NATIONAL SE- who fit the criteria, who should move age this? How do we force it? CURITY, AND CONSUMER PRO- on through, business is going to slow My disheartenment comes from the TECTION ACT AND THE RENEW- down in this body. It may come to a fact—why are we here in the first ABLE ENERGY AND ENERGY complete standstill if we do not start place? Why did we get here, when we CONSERVATION TAX ACT OF 2007 getting some judges. know what the role of the Senate is in We should not go that route. I urge terms of advice and consent. The ACTING PRESIDENT pro tem- my colleagues, I urge the chairman of My hope is we do not see a devolution pore. Under the previous order, the the committee and the ranking mem- to parliamentary maneuvering, to raise Senate will resume consideration of ber, to sit down and say: OK, what can the issue above where it should be. H.R. 3221, which the clerk will report. we work out on circuit court judges? I am reminded of the fact that the The assistant legislative clerk read District court judges? What can we get majority had problems with four of as follows: worked out so the business of the Sen- President Bush’s nominees, starting in A bill (H.R. 3221) moving the United States ate can move forward? Without that, January. He withdrew those. In a ges- toward greater energy independence and se- things are going to slow down here. ture of good will, he withdraw four curity, developing innovative new tech- Things are not going to get done. It is nominees who were not—although they nologies, reducing carbon emissions, cre- going to be because we are not getting were well qualified, they were not ac- ating green jobs, protecting consumers, in- ceptable to movement down the road. creasing clean renewable energy production, anywhere close to reasonable numbers and modernizing our energy infrastructure, of circuit court judges approved. I want Now we have highly qualified judges in and to amend the Internal Revenue Code of to say that clearly. That is where this districts that are judicial emergencies 1986 to provide tax incentives for the produc- is all headed. that get actually slandered by the tion of renewable energy and energy con- The majority party can choose to go chairman of the committee about sup- servation. that route. That is what is going to end posedly an anti-Catholic statement— Pending: up taking place. It is going to be about when they are Catholic in their faith. Dodd-Shelby amendment No. 4387, in the judges. We are going to have a big de- So we offer criticism to somebody and nature of a substitute. bate then across the country on that. never offer them a venue in which to Ensign amendment No. 4419 (to amendment Meanwhile, the whole Nation wants us defend themselves. No. 4387), to amend the Internal Revenue

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This amendment would, among other ment No. 4419), to provide a longer extension of it. provisions, extend incentives for clean and of the renewable energy production tax cred- There is another reason to favor the renewable energy that are set to expire at it and to encourage all emerging renewable Alexander-Kyl amendment. That would the end of this year. sources of electricity. be if you care about the spending of tax U.S. manufacturers, large and small, have a substantial concern for affordable domestic AMENDMENT NO. 4429 dollars. According to the Energy Infor- The ACTING PRESIDENT pro tem- energy supplies and improved energy effi- mation Administration, we spend 53 ciency. As a key component to reducing en- pore. Under the previous order, the more times per megawatt hour on wind ergy demand, increasing energy efficiency question is on agreeing to amendment than we do on coal in subsidies, and will go a long way to lowering energy costs No. 4429 offered by the Senator from coal provides half our electricity. We and increasing economic competitiveness. Tennessee, Mr. ALEXANDER. The Sen- spend 94 more times on wind per hour By promoting energy efficiency and the de- ator from Tennessee and the Senator than we do on natural gas which pro- velopment of renewable and alternative en- from Nevada, Mr. ENSIGN, each have 5 duces clean electricity; 15 times more ergy sources, the package of incentives in- minutes for debate. on wind per megawatt hour than we do cluded in the Cantwell-Ensign amendment represents an important step in securing our The Senator from Tennessee. on nuclear; 26 more per megawatt hour Mr. ALEXANDER. I ask that the nation’s energy security without raising than we do on biomass; 25 times more taxes. Chair let me know when 2 minutes re- than we do on geothermal; 35 times The NAM’s Key Vote Advisory Committee main because Senator KYL may be more than we do on hydroelectric; 17 has indicated that votes on the amendment back as a cosponsor. times more than we do on landfill gas. offered by Senators Maria Cantwell (D–WA) Mr. President, I rise in favor of the We spend 27 times more per megawatt and John Ensign (R–NV) will be considered Alexander-Kyl amendment No. 4429, hour to subsidize wind, a proven tech- for designation as Key Manufacturing Votes in the NAM voting record for the 110th Con- which we hope is a helpful amendment nology that only works when it wants to the Ensign-Cantwell amendment. gress. Eligibility for the NAM Award for to, than we do on all the other renew- Manufacturing Legislative Excellence will be Let me try to say this in two different ables, 27 to 1. That is not a wise use of based on a member’s record on Key Manufac- ways. If you care about climate tax dollars. turing Votes. change, here is what our amendment We urge support for the Alexander- Thank you for your consideration. will do. It will extend from 1 year to 2 Kyl amendment so these technologies, Sincerely, the production tax credit for all quali- and wind as well, will have a 2-year ex- JAY TIMMONS, fied renewable sources of electricity. In tension of the tax credit instead of 1 Executive Vice President. other words, these emerging renewable and so all these promising children can AMERICAN CHEMISTRY COUNCIL, energies, which have the capacity to help with climate change and clean air Arlington, VA, April 4, 2008. work 24 hours a day, would have 2 rather than giving all the money to Hon. MARIA CANTWELL, years, as well as wind. one overgrown son who ought to be out U.S. Senate, Second, it would mean that wind on his own by now. Washington, DC. would not get all the money but that I reserve the remainder of my time. Hon. JOHN ENSIGN, some others would have more time to The ACTING PRESIDENT pro tem- U.S. Senate, respond to the incentives we are cre- pore. The Senator from Nevada. Washington, DC. ating with these tax credits. Let me Mr. ENSIGN. Mr. President, I ask the DEAR SENATOR CANTWELL AND SENATOR EN- 1 SIGN: The American Chemistry Council wish- use a story to illustrate. Let’s say a Chair to notify me when 2 ⁄2 minutes es to convey its strong support for the family has several children. One of remain. First, I’d like to thank Sen- ‘‘Clean Energy Tax Stimulus Act of 2008,’’ (S. them older. Dad calls a meeting and ator CANTWELL for her leadership in 2821), introduced yesterday by you and co- says: I have $3 billion extra, which is the last few weeks that we have sponsored by a large bipartisan group of Sen- the amount of money we are talking worked together on drafting a bipar- ators. The ACC has long advocated for a bal- about for the Ensign-Cantwell amend- tisan compromise making sure that we anced portfolio of energy policies that ad- ment. Let’s give it to the overgrown help renewable energy become more of vance energy efficiency, fuel diversity, and son who is still living at home who has the power supply to the United States. new supply sources. S. 2821, in its current form, contains a number of critical and cost gotten most of the allowance money We all believe from an economic stand- effective energy efficiency and energy pro- for the last 16 years. Let’s give him an- point, that it will help create jobs and duction incentives. We urge the Senate to other year. Mom, who is a little wiser, new technologies as well as help the take up the measure quickly and approve it says: It is nice for you to want to give economy not only now, but into the fu- without attaching any of the controversial an allowance to the children, but what ture. Renewable energy helps the envi- ‘‘pay for’’ provisions that have prevented the about all these other children—open- ronment. It is cleaner than fossil fuels passage of these beneficial incentives in the loop biomass and small irrigation and makes us less dependent on foreign past. sources of energy. A lot of the money The members of the ACC use natural en- power and landfill gas and trash com- ergy resources to make the products that bustion. Instead of giving all the we send overseas is to folks who are allow our customers to save energy. The money to the son living at home, let’s not exactly friendly to the United products of chemistry go into energy-saving give some to all the children, including States. materials used throughout the economy, the overgrown son. That is what we The Ensign-Cantwell amendment is such as insulation, weatherization equip- would do if we adopt the Alexander-Kyl supported by a broad range of indus- ment, lightweight vehicle parts, lubricants, amendment. tries as well as environmental groups. coatings, energy efficient appliances, solar According to the Energy Information I ask unanimous consent that the fol- parts and windmill blades. For example, the Administration, the production tax lowing two letters of support be print- use of just one product, insulation in build- ings, results in a net benefit to society of 40 credit Senator ENSIGN wants to extend ed in the RECORD. There being no objection, the mate- BTUs of energy saved for every BTU used to for a year, 97 percent of it went to wind produce the product. We applaud the provi- in Fiscal Year 2007, which has gotten rial was ordered to be printed in the sions of the bill that would encourage the most of our renewable electricity tax RECORD, as follows: use of energy efficient products. credit money since 1992. So the Ensign- NATIONAL ASSOCIATION Similarly, we appreciate that this bill does Cantwell amendment is being adver- OF MANUFACTURERS, not include provisions that would increase tised as helping renewable energy. It Washington, DC, April 8, 2008. tax burden on the oil and gas industry, which is a key supplier to and a customer of the adds another $3 billion over the next 10 U.S. SENATE, Washington, DC. American chemical industry. As you know, years to the $11 billion we have already DEAR SENATOR: On behalf of the National worldwide demand for energy has pushed our invested in wind and these other prom- Association of Manufacturers (NAM), the na- industries power and feedstock prices to dan- ising children. Wind only works when tion’s largest industrial trade association gerously high levels. In the first half of the

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Additional taxes on the companies The bottom line is that we are trying they deserve is to have their profes- supplying these feedstocks will increase to do is create stimulus for this year, sion—or to have their father’s profes- costs to our industry, result in high costs of we are trying to save the investment in sion—demonized. our industry’s inputs and make it more dif- the production tax credits, the invest- These kinds of comments are coun- ficult to compete in the global market. You ment tax credits, and efficiency tax terproductive to the challenges that lie are to be commended for not linking dis- credits. For example, PG&E has pro- in front of us. If our Nation is to regain criminatory and damaging taxes to the very posed purchasing 553 megawatts of its independence from foreign oil, we laudable energy efficiency and energy pro- duction policy objectives of the bill. power, which is the size of a typical must rely on coal. There is no getting The American Chemistry Council urges the natural gas or coal plant, from a con- around that reality. Senate to pass S. 2821, as it is a critical centrating solar facility in the Mojave Coal produces half of the electricity plank in a broader energy policy platform, Desert. If we don’t pass this legisla- consumed by the American people. It is and for you to strenuously resist including tion, we are going to lose about $1.5 to a cheap, abundant resource in a time tax increases that constrain the supply of $2 billion in investment and a big op- when the American people demand sta- feedstocks that the industry needs to com- portunity to increase the tax base of ble, reliable energy prices. The U.S. petitively make our energy efficiency prod- military is already making long-term ucts. San Bernardino County, CA. Sincerely, Another example, Butte, MT, has one investments in liquid-coal technology. JACK N. GERARD, of the largest polysilicon plants in the The chunk of rock that once burned in President and CEO. world, producing feedstock material a stove will soon be widely used in fuel Mr. ENSIGN. It is supported by ev- for solar panels. Expansion of this tanks of aircrafts, cars, trucks, and erybody from the U.S. Chamber of plant, an investment over $1 billion, is buses, and just about anything else we Commerce, the National Association of on hold because we haven’t given pre- need it for. Coal will be around for a Manufacturers, the Real Estate Round- dictability in the tax code. long, long time. table, the American Chemistry Coun- Passing this amendment will also I support a broad energy portfolio. cil, the Sierra Club, the National Re- give consumers efficiency credits of up Renewable energies have their place in sources Defense Council, as well as to $500. Using that credit on insulation that portfolio, but they are not a pan- hundreds of other businesses and orga- for example could save homeowners acea. Certainly one renewable energy nizations. over 20 percent on their annual heating alone, like wind, will not guarantee our This, however, is a delicate com- and cooling bills. The production tax Nation’s energy independence. We need promise. Three times in the past there credits in the underlying Ensign to expand our use of other renewable have been attempts to pass a renewable amendment, not the Alexander amend- and alternative fuels. Solar is impor- energy bill. They have all failed. This ment, as a result in the next 3 to 5 tant, geothermal is showing promise, is our chance to actually pass some- years, we will have enough green re- tidal has great possibilities, and bio- thing that can be signed into law. Un- newable power to power 35 cities the mass—particularly when combined fortunately, the Alexander amendment size of Seattle. If we agree to the En- with coal to help immediately reduce would break the delicate balance. We sign amendment instead of the Alex- emissions that concern us all—is cer- need to defeat the Alexander amend- ander amendment, with the investment tainly a fuel worth investing in. ment and pass the Ensign-Cantwell tax credit, it will build enough solar It is clear to me that the intent of amendment if we truly want to encour- power, and 1.1 million homes could in- the Ensign/Cantwell amendment is age renewables into the marketplace in stead have the power of solar and more good, but the benefit of the Alexander a much larger way in the United renewable green energy. I encourage amendment is greater. And so I will States. It is good for the country, good my colleagues to turn down the Alex- cast my vote with those who seek a for the environment, and good for the ander amendment and vote for the En- broader investment in renewable ener- economy. sign amendment. gies that is also grounded in the reali- I urge a defeat of the Alexander Mr. BYRD. Mr. President, it has been ties of the continuing promise of coal. amendment and adoption of the En- written that King of England Edward Mr. DODD. Mr. President, I rise sign-Cantwell amendment. I—known as the ‘‘Hammer of the today to discuss the Ensign-Cantwell I yield the remainder of my time to Scots’’—once tried to prohibit Lon- amendment to the housing bill. This Senator CANTWELL. don’s burning of coal. He is said to amendment extends expiring tax cred- Ms. CANTWELL. How much time re- have proclaimed, ‘‘Be it known to all its for renewable energy production mains? within the sound of my voice, whoever and development and tax credits for en- The ACTING PRESIDENT pro tem- shall be found guilty of burning coal ergy efficient homes and buildings. pore. There is 21⁄2 minutes. shall suffer the loss of his head.’’ Let me be perfectly clear. I fully sup- Ms. CANTWELL. Mr. President, I Coal has always had its critics. De- port extending these tax credits. I rise in opposition to the Alexander spite them, coal has not only endured, voted for them last December when we amendment. Along with my colleague it has prevailed. It fueled America’s In- tried to attach them to the Energy bill. from Nevada, we reached a very deli- dustrial Revolution in the 19th cen- I supported them again when we con- cate balance to get this legislation tury. It fueled America’s naval battle- sidered the economic stimulus package where it is today. I would hate to see ships in the early 20th century. It pos- in February. I am in fact an original that balance disturbed by the proposal sesses the bright potential to help cosponsor of the freestanding legisla- the Senator from Tennessee is offering America get out from under the thumb tion this amendment is based on. I about wind. The reality is our nation is of foreign oil-wielding despots in the have long argued that we have a re- still only producing a small percentage 21st century. sponsibility to put our nation on a path of renewable energy, and we could The coal industry has evolved in the toward energy independence. In addi- produce much more. To curtail invest- last centuries, shaped by safety and en- tion to making us better stewards of ment in one of the most promising re- vironmental critiques. It has professed the environment, this is also vitally newable technologies at this point a willingness to evolve further. But the important to protecting our national would be premature. We have to realize harsh attacks and efforts to demonize security by reducing our dependence on what we are trying to do is create con- coal on the campaign trail are becom- foreign fossil fuels. Done responsibly, it tinued incentives not just for the long- ing increasingly irresponsible and in- can also spur economic growth and cre- term, and this legislation is aimed at flammatory, and destructive. Coal ate tens of thousands of new good-pay- saving this year’s investment cycle. If miners hear these comments, and what ing green collar jobs. the Senator from Tennessee wants to are they to think? They are patriotic However, I felt compelled to oppose have a discussion later about long-term Americans. They risk their lives every the Ensign-Cantwell proposal as an

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2839 amendment to the housing bill. In my The Senator from Washington. There are 2 minutes for debate equal- view, however, the housing bill simply Ms. CANTWELL. I ask unanimous ly divided. Who seeks time? was the wrong legislative vehicle for consent that in any sequence of votes The Senator from Nevada is recog- this initiative. As I have said many after the first vote, the time be limited nized. times, nearly 8,000 people every day are to 10 minutes each and that prior to Mr. ENSIGN. Mr. President, just very facing foreclosure—8,000 people every each vote, there be 2 minutes of debate briefly, this is our chance, a bipartisan single day are losing their homes and available, equally divided and con- chance, to have renewable energy in must cope with uncertain and difficult trolled in the usual form. this country in a big way. It will pre- financial futures for themselves and The ACTING PRESIDENT pro tem- serve over 100,000 jobs in the United their families. Working this week with pore. Without objection, it is so or- States. Let’s help us become less de- Senator SHELBY, the majority and mi- dered. pendent on foreign energy. Let’s help nority leaders, and others, I felt it my The question is on agreeing to the the environment in the United States. responsibility to shepherd through a amendment No. 4429. I encourage all Members to vote aye. basic set of policies that will help miti- The clerk will call the roll. I yield back the remainder of my gate this housing crisis. This bill did The assistant legislative clerk called time. clearly not include everything I would the roll. The PRESIDING OFFICER. Who have liked, but it provides a critical Mr. DURBIN. I announce that the yields time? first step, and it was imperative in my Senator from New York (Mrs. CLIN- Mr. ENSIGN. Mr. President, I ask view that we act quickly to stem this TON), the Senator from Iowa (Mr. HAR- unanimous consent that all time be national housing crisis without being KIN), the Senator from New Jersey (Mr. yielded back. sidelined by other matters, regardless MENENDEZ), and the Senator from Illi- The PRESIDING OFFICER. Without of their merit. nois (Mr. OBAMA) are necessarily ab- objection, it is so ordered. The question I wish to thank my colleagues Sen- sent. is on agreeing to the amendment. ator CANTWELL and Senator ENSIGN for I further announce that, if present The yeas and nays have been ordered. their commitment to clean, renewable and voting, the Senator from New Jer- The clerk will call the roll. energy and their leadership on the sey (Mr. MENENDEZ) would vote ‘‘nay.’’ The bill clerk called the roll. issue. For the reasons I have given, I Mr. KYL. The following Senators are Mr. DURBIN: I announce that the wish this proposal could have been ad- necessarily absent: the Senator from Senator from New York (Mrs. CLINTON) vanced differently. However, I remain North Carolina (Mrs. DOLE) and the and the Senator from Illinois (Mr. committed to working with them and Senator from Arizona (Mr. MCCAIN). OBAMA) are necessarily absent. all the Members of this body to achieve The PRESIDING OFFICER (Mr. Mr. KYL. The following Senators are the goal of energy independence. BROWN). Are there any other Senators necessarily absent: the Senator from The ACTING PRESIDENT pro tem- in the Chamber desiring to vote? pore. The Senator from Tennessee has North Carolina (Mrs. DOLE) and the The result was announced—yeas 15, Senator from Arizona (Mr. MCCAIN). 55 seconds. nays 79, as follows: Mr. ALEXANDER. Mr. President, let Further, if present and voting, the me emphasize this point. No. 1, the Al- [Rollcall Vote No. 94 Leg.] Senator from North Carolina (Mrs. exander-Kyl amendment has more cer- YEAS—15 DOLE) would have voted ‘‘yea.’’ tainty. It extends the production tax Alexander Cochran Sessions The PRESIDING OFFICER. Are there credit from 1 year to 2 for all these. Bennett Gregg Shelby any other Senators in the Chamber de- Bunning Isakson Vitter siring to vote? Second, the distinguished Senator from Byrd Kyl Voinovich Washington mentioned solar power. Chambliss McConnell Wicker The result was announced—yeas 88, nays 8, as follows: Solar asked to be out of the production NAYS—79 tax credit 3 years ago because all the [Rollcall Vote No. 95 Leg.] Akaka Dorgan Mikulski money in the production tax credit was Allard Durbin Murkowski YEAS—88 going to wind. In the Energy Policy Barrasso Ensign Murray Akaka Ensign Mikulski Act of 2005, I was the lead sponsor of Baucus Enzi Nelson (FL) Allard Enzi Murkowski the amendment adding the investment Bayh Feingold Nelson (NE) Barrasso Feingold Murray Biden Feinstein tax credit for solar power. No one loses Pryor Baucus Feinstein Nelson (FL) Bingaman Graham Reed Bayh Graham Nelson (NE) Bond Grassley under the Alexander amendment No. Reid Bennett Grassley Pryor Boxer Hagel 4429, except wind is treated similar to Roberts Biden Gregg Reed Brown Hatch everybody else. It gets 1 cent per kilo- Rockefeller Bingaman Hagel Reid Brownback Hutchison Bond Harkin Salazar Roberts watt hour. That means it will still get Burr Inhofe Boxer Hatch Sanders Rockefeller more of the money than anybody in the Cantwell Inouye Brown Hutchison Schumer Cardin Johnson Brownback Inhofe Salazar production tax credit. But open-loop Smith Sanders biomass, all these emerging renewable Carper Kennedy Burr Inouye Casey Kerry Snowe Cantwell Isakson Schumer technologies will suddenly have a Coburn Klobuchar Specter Cardin Johnson Shelby fighting chance to get some of the Coleman Kohl Stabenow Casey Kennedy Smith money that since 1992 has almost all Collins Landrieu Stevens Chambliss Kerry Snowe Conrad Lautenberg Sununu Coburn Klobuchar Specter gone to one proven technology. That is Corker Leahy Tester Cochran Kohl Stabenow not a wise use of taxpayer dollars. It is Cornyn Levin Thune Coleman Landrieu Stevens not a good use of funds to continue to Craig Lieberman Warner Collins Lautenberg Sununu over subsidize wind, which is now a ma- Crapo Lincoln Webb Conrad Leahy Tester DeMint Lugar Corker Levin ture energy technology. Two years in- Whitehouse Thune Dodd Martinez Wyden Cornyn Lieberman Vitter Domenici McCaskill stead of one is a vote yes. Craig Lincoln Warner The ACTING PRESIDENT pro tem- Crapo Lugar Webb NOT VOTING—6 DeMint pore. The time of the Senator has ex- Martinez Whitehouse Clinton Harkin Menendez Domenici McCaskill Wicker pired. Dole McCain Obama Dorgan McConnell Wyden Mr. ENSIGN. I ask unanimous con- Durbin Menendez sent for the yeas and nays on both the The amendment (No. 4429) was re- NAYS—8 Ensign and Alexander amendments. jected. The ACTING PRESIDENT pro tem- Ms. CANTWELL. Mr. President, I Alexander Carper Sessions move to reconsider the vote, and I Bunning Dodd Voinovich pore. Without objection, it is so or- Byrd Kyl dered. move to lay that motion on the table. Is there a sufficient second? The motion to lay on the table was NOT VOTING—4 There appears to be and is a suffi- agreed to. Clinton McCain cient second. The PRESIDING OFFICER. The Dole Obama The yeas and nays are ordered on question is on agreeing to Ensign The amendment (No. 4419) was agreed both amendments. amendment No. 4419. to.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2840 CONGRESSIONAL RECORD — SENATE April 10, 2008 FIRST-TIME HOMEBUYERS’ TAX CREDIT we have the highest rate of fore- sure homeowners avoid this situation Mr. CARDIN. Mr. President, in a closures in the Nation. Last year, ac- by requiring a modest increase in the short while, the Senate will be voting cording to RealtyTrac.com, we had downpayment necessary for Federal to approve H.R. 3221, the Foreclosure 66,316 foreclosure filings—a 215 percent Housing Administration-insured mort- Prevention Act. It is a good bill with increase over 2006 and a 760-percent in- gages. This legislation can also offer some good provisions; namely, $10 bil- crease over 2005. We have nearly 35,000 some relief to borrowers by increasing lion for mortgage revenue bonds, $4 bil- properties in foreclosure, which is 3.4 the amount of FHA-insured loans, lion for community development block percent of all households. This tidal which typically carry lower interest grants, and $200 million for foreclosure wave of economic misfortune is swamp- rates. Additionally, it is also vital to prevention counseling. I regret, how- ing the housing market in my home have well-informed borrowers who un- ever, that we missed two opportunities State. The amendment Senator CARDIN derstand the terms and obligations in a to make it even better. The first and I offered would have helped to sta- mortgage agreement and provide lend- missed opportunity was our failure to bilize the market and I am dis- ers with accurate and easily under- adopt Senator DURBIN’s provision re- appointed that the Senate didn’t have stood financial information. The bill garding bankruptcy. I am still mys- a chance to vote on it. expands the early disclosures require- tified why a bankruptcy judge can re- Mr. BAUCUS. I would say to my col- ments under the Truth In Lending Act duce the principal or modify the mort- leagues from Maryland and Nevada and requires a new disclosure inform- gage loan terms on a vacation home that I, too, think that in the current ing borrowers of the maximum month- but not on a primary residence. The economy, a temporary tax credit is a ly payments possible under their loans. second missed opportunity, in my esti- meritorious idea. I commend the Sen- While these provisions should help mation, was our inability to adopt an ators for working so hard on their bring about some relief, I do not think amendment Senator ENSIGN and I of- amendment and I can understand their we should kid ourselves into believing fered to establish a $7,000 nonrefund- disappointment. It appears that, yes- that this bill is the panacea for our able tax credit for first-time home- terday, the Ways and Means Com- housing crisis. buyers. I regret that the Parliamen- mittee adopted a credit more along the I am supporting this bill and thank tarian ruled our amendment out of lines the Senators have proposed. I its bipartisan sponsors. However, I do order and we never had a chance to look forward to working with the want the record to be clear that I re- vote on it. House in a conference to craft a home- main concerned over the inclusion of The amendment Senator ENSIGN and buyer tax credit that will help the several provisions that do not adhere I offered was timely, targeted, and housing market recover. There are to my principles for mortgage relief temporary: eligibility for the credit many things we can and should do to and question the effectiveness of these would be phased out for single filers help homeowners and a targeted, tem- provisions in delivering needed assist- whose adjusted gross income, AGI, is porary homebuyer credit is one of ance to home owners. Mr. President, between $70,000 and $90,000; for married them. again, I thank those who have worked couples filing a joint return, eligibility Mr. CARDIN. Mr. President, I would so hard on this measure on both sides for the credit would be phased out if like to thank the chairman of the Sen- of the aisle, and I look forward to act- their AGI is between $110,000 and ate Finance Committee for his re- ing on this important subject.∑ $130,000. These phase-out levels are marks, which I find encouraging. I look Mr. KOHL. Mr. President, today the identical to the phase-out levels con- forward to working with him and with Senate threw a lifeline to homeowners tained in the District of Columbia’s my colleague from Nevada on this mat- facing the specter of foreclosure. This first-time homebuyers’ tax credit. The ter. legislation includes valuable resources credit would be available only for the ∑ Mr. MCCAIN. Mr. President, there is for communities, homeowners, and in- purchase of a primary residence made a justifiable feeling of anger and worry dustry to combat the downturn in the within 1 year of the date of enactment. across America today regarding the on- housing market. We need to encourage prospective going housing crisis. Millions of Ameri- In my home State of Wisconsin, fore- buyers to get off the sidelines and back cans are currently bearing a heavy bur- closures have risen at an alarming into the market. An important seg- den to keep their family homes and rate. Compared to last year, fore- ment of that population—39 percent desperate for relief. The clamor for the closures have increased by 145 percent. nationwide—consists of first-time Federal Government to act quickly has Many of these foreclosed properties homebuyers. Recently, first-time been heard by the Senate and we are were connected with subprime loans homebuyers have accounted for 65 to 67 now set to vote on a bipartisan pack- with adjusting interest rates. A com- percent of sales in Baltimore. age that will offer some assistance to bination of lax lending standards and The District of Columbia had a simi- suffering homeowners. the creation of exotic financial prod- lar tax credit and it worked. Through Without action, the pain of the fore- ucts gave lenders the ability to offer the end of last year, first-time home- closure crisis will not only be felt by people who would not qualify before buyers who purchased a home in the the millions of American families who the chance to own a home. However, District were eligible for a $5,000 tax stand to lose their homes but by all there was little concern on whether or credit. The credit helped 3,000 to 4,000 Americans. Congress must confront not the person or family would be able people become home owners each year, this reality and pass legislation that to sustain home ownership. Because of and it boosted buyers’ interest in has three key components: it is tem- the irresponsibility of some lenders, neighborhoods where home ownership porary in nature, has an immediate families across the country have lost rates lagged. goal of helping cash-strapped but cred- their homes and more are soon to fol- I think this amendment, if adopted, it-worthy home owners stay in their low if help does not come. would have made a good bill better. I homes, and prevents a mortgage crisis One of the provisions included in the hope the House will incorporate a first- from happening again. Foreclosure Prevention Act increases time homebuyers’ tax credit provision The bill before the Senate is not per- funds for housing counseling services. in its version of this bill. fect, but it does contain several provi- These nonprofit housing counseling Mr. ENSIGN. I would like to asso- sions that I support and believe can agencies help homeowners connect to ciate myself with the remarks from the help our housing market—for both their lenders and renegotiate terms junior Senator from Maryland regard- mortgage borrowers and lenders—now that will allow them to keep their ing the Cardin-Ensign first-time home- and in the future. It is important to homes. The money is estimated to help buyers’ tax credit amendment. We avoid situations in which homeowners close to 500,000 families stay in their worked together as members of the owe more money than their home is homes. Another very important provi- House Ways & Means Committee and I worth. Unfortunately, that has become sion provides $4 billion in community was pleased to be able to work with too common a scenario in part because development block grant for commu- him again on this amendment here in many homeowners never had much eq- nities to purchase and redevelop fore- the Senate. The foreclosure problem is uity in their home to begin with. This closed-upon properties. This will en- particularly acute in Nevada; in fact, bill contains a provision that would en- able localities to purchase unoccupied

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2841 properties which drag down neigh- closures. Unfortunately, this bill also are alarming and unfortunately are boring home prices and are easy tar- includes provisions that would not pro- replicated in States around the coun- gets for criminal activity. By rehabili- vide assistance to those most in need try. tating these blights, communities will and it is my hope that those provisions This bill does take some good steps be able to prevent further loss of prop- will be modified or removed during the towards trying to address the rising erty value while at the same time pro- conference process. While I have res- number of foreclosures around the viding affordable housing units. Other ervations about some of the provisions country. I am pleased that this bill in- important provisions include providing in this bill, on balance, the legislation cludes an additional $150 million in a temporary tax refund to help strug- takes a step towards addressing some housing counseling funds for 2008 and gling businesses stay afloat and includ- of the problems in the housing industry $30 million to provide legal services to ing reforms to the Federal Housing Ad- by increasing mortgage disclosures homeowners dealing with the possible ministration to make it easier for low- provided to borrowers and providing foreclosure of their homes. These funds and moderate-income families utilize more housing counseling to home- are to be used to assist families facing the home ownership programs. owners facing foreclosure. I hope as foreclosure reach agreements with The housing crisis has shed light on Congress moves forward on this bill their lenders so that they can remain the complexity and problems in our and other related housing measures we in their homes while also making rea- Nation’s lending system. Many home- make sure that the legislation is craft- sonable payments on the amount owed owners were rushed through the proc- ed to help those most in need. on the home. Congress appropriated ess without truly understanding the It is estimated that at least 2 million funding for counseling services as part terms and conditions of their loans. Americans may face foreclosure on of the fiscal year 2008 omnibus appro- The Foreclosure Prevention Act will their homes in the coming months and priations bill and reports indicate that amend the Truth in Lending Act to re- years, which will not only have a dev- these funds are a cost-effective use of quire lenders to fully disclose the astating impact for those individual Federal resources. I am disappointed terms and conditions of the loan and to families, but will also have significant that the Senate did not provide the full provide the home buyer with the max- negative impact on the communities in $200 million in housing counseling imum loan payment they will have to which those homes are located. Various funds that was included in the original make. This simple change will enable cities report that increased numbers of bill introduced by Senator REID in Feb- future home buyers to make informed foreclosures and the concentration of ruary. I am hopeful that we can con- decisions regarding their mortgage and foreclosures in certain neighborhoods tinue to look for fiscally responsible enable them to plan accordingly. can lead to increased instances of van- ways to increase access to foreclosure While this bill is not the final answer dalism, crime, and theft. We need to counseling services in the coming to the housing crisis, it is a step in the act now to provide assistance that will months in order to assist more families right direction. There are still many help keep American families in their in their attempts to restructure pay- issues that need to be resolved in order homes both for the good of those fami- ments. to avoid a similar housing and eco- lies and also for the good of whole I was also pleased to support the in- nomic downturn. We must consider re- neighborhoods. creased Community Development vising lending standards to protect fu- While Wisconsin has not been as hard Block Grant, CDBG, funds that were ture home buyers, increasing our af- hit as other regions of the country, included in the Foreclosure Prevention fordable rental housing stock and en- foreclosures are in the rise in the state Act. CDBG is an immensely popular suring we create sound fiscal policies and a number of Wisconsinites have Federal program that provides a flexi- that promote the economic well-being told me about their concerns about the ble source of funding for States and of each and every American. effects of rising number of foreclosures local governments to address the Mr. WARNER. Mr. President, I wish on communities around the state. I unique problems facing their commu- to speak about the legislation cur- have heard from local government offi- nities. States and localities will be able rently before the Senate. The Fore- cials who are concerned about holding to use these CDBG funds for a variety closure Prevention Act of 2008 seeks to lenders accountable for maintaining of purposes including: establishing provide assistance to families and busi- abandoned homes and ensuring the methods to purchase foreclosed homes, nesses adversely affected by the decline abandoned homes do not fall into dis- rehabbing these homes in order to sell of the values of real estate. repair. I have heard from housing advo- or rent them out, and demolishing fore- While I support many of the worthy cates concerned about borrowers who closed homes that are contributing to initiatives in this bill, such as the Fed- may have been misled into taking out neighborhood blight. The increased eral Housing Authority modernization a subprime loan and now face the pros- number of foreclosures is impacting provisions and other resources to assist pect of losing their homes. And I have States and local communities in communities devastated by fore- heard from dedicated lawyers and unique ways, and providing flexibility closures, there are several provisions counselors who are trying to provide in the use of these CDBG funds is es- that cause me to withhold my support counseling and other services in order sential to help communities make the at this time. I note that the bill will go to help individual and families through best possible use of this money. I was to a conference committee with the these tough times. particularly pleased that the nego- House of Representatives, and subse- If these personal stories are not tiators of this bill agreed to require quent to their work, I will revisit this enough to urge us to act, available that 25 percent of the CDBG funds pro- legislation. foreclosure data should also move us to vided in this bill be used to redevelop America, our Republic, rests on basic take steps to address the rising number foreclosed homes for families or indi- and time tested principles. Among of foreclosures around our country. viduals whose income is at 50 percent them is our free enterprise system. The One report, by the Center for Respon- of the area median income or less. foundation of this system must not be sible Lending, looks at the effects of While this targeting could be even unduly influenced from excessive gov- subprime loans issued in 2005 and 2006 stronger, it will help ensure that the ernment interference. throughout the Nation, including in Americans most in need are not left Again, while this legislation contains Wisconsin. According to the center’s out of the Federal assistance provided a number of worthy initiatives, re- analysis, there were over 60,000 in this legislation. spectfully, in my view, this legislation subprime loans issued in 2005 and 2006 The additional mortgage disclosures as a whole overreaches and fails this in Wisconsin and close to 12,000 of these included in this package will do much basic test. homes financed by a subprime loan to help ensure that future borrowers, Mr. FEINGOLD. Mr. President, I sup- during those years may be foreclosed whether taking out a first mortgage or port the Foreclosure Prevention Act of upon. Additionally, the foreclosures refinancing their existing mortgages, 2008 because it provides targeted relief from these subprime loans may result better know the terms of the mort- to homeowners facing foreclosure and in over 550,000 surrounding homes in gages and how much they can expect to communities dealing with the negative my State of Wisconsin experiencing a pay every month. While it is true that effects of increasing numbers of fore- decline in their value. These statistics some borrowers fully knew that they

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2842 CONGRESSIONAL RECORD — SENATE April 10, 2008 were getting in over their heads when unique, State-mandated independent finding solutions to their difficult situ- they took out mortgages, other bor- transmission model, by incentivizing ations. In addition, mortgage disclo- rowers did not understand the terms of its existing independent transmission sures will be made more meaningful to their loans or were misled by lenders. company to sell assets to another inde- consumers by this bill. The changes that this legislation pendent transmission company. The I also appreciate the inclusion of a makes to the Truth in Lending Act, provision is intended to only apply to provision that is derived from legisla- TILA, will help to prevent some of the vertically integrated utilities and I am tion that I introduced last month, S. egregious lending practices that have pleased by my colleagues’ willingness 2768. That legislation would correct an gone on in the past from occurring to work with me and Senator KOHL to oversight in the Economic Stimulus again. While this provision is a good preserve this intent. Act and extend the temporary home step forward, much more needs to be I have reservations about some of the loan guaranty increase to veterans so done to rein in predatory lending. I provisions in this bill, but I will sup- that more of them can realize the hope that the Senate can move quickly port the final bill because the bill does dream of home ownership. on comprehensive predatory lending provide some important assistance to The VA Home Loan Guaranty was legislation this year. individuals and communities and it is part of the original GI bill in 1944. It Unfortunately, there were some tax important that we get the CDBG and was signed into law by President provisions included in this legislation housing counseling funds to States and Franklin D. Roosevelt and provided that will not directly help families and local communities as soon as possible. veterans with a federally guaranteed individuals facing foreclosure on their The high number of foreclosures home loan with no down payment. So homes. I am particularly disappointed around our country has caused much as World War II was ending, landmark that the single largest provision in the suffering among individual home- legislation made the dream of home bill is a tax break that bails out some owners and throughout local commu- ownership a reality for millions of re- of those businesses whose actions nities and we need to take action now turning veterans. Today, more than 25 helped aggravate the housing crisis. to help these homeowners and commu- million veterans and servicemembers I was also disappointed that the Sen- nities rebuild their lives and neighbor- are eligible for VA home loan guaran- ate voted to table the Durbin amend- hoods. I hope that this bill can be im- tees. ment which would have removed a pro- proved during conference negotiations The amount of the home loan guar- vision in bankruptcy law that prevents and that Congress will address the un- anty was last adjusted by the Veterans mortgages on primary residences from resolved housing issues we face, includ- Benefits Act of 2004. The maximum being modified during bankruptcy. Ac- ing the need for stronger predatory guaranty amount was increased to 25 cording to advocates, the Durbin lending laws and the need for more af- percent of the Freddie Mac conforming amendment could have helped approxi- fordable housing for low income Ameri- loan limit determined under section mately 600,000 individuals or families cans. The problems in the housing in- 305(a)(2) of the Federal Home Loan remain in their homes. It is the single dustry and their broader impact on the Mortgage Corporation Act for a single most effective thing that could be done Nation’s economy are serious issues family residence, as adjusted for the to reduce foreclosures. Unfortunately, that will require the involvement of all year involved. Using that formula, this amendment faced stiff resistance levels of government as well as both since the Freddie Mac conforming loan in the lending community, even though private and nonprofit organizations. limit for a single family residence in mortgages on vacation homes and lux- This bill represents a step forward in 2008 is $417,000, VA will guarantee a ury items such as yachts can be modi- those efforts, but much more remains veteran’s loan up to $104,250, or 25 per- fied in bankruptcy under current law. to be done. cent of the Freddie Mac limit. This Senator DURBIN even worked to narrow Mr. AKAKA. Mr. President, I support guaranty exempts homeowners from the amendment to address some of the the Foreclosure Prevention Act of 2008. having to make a down payment or se- lenders’ concerns. Even after these rea- I thank Chairman DODD and Ranking cure private mortgage insurance. sonable modifications, the lending Member SHELBY for their work to de- The newly enacted Economic Stim- community remained opposed to the velop a meaningful bill to help address ulus Act of 2008, however, temporarily amendment, and the Senate bowed to the housing crisis in our country. Too reset the Fannie Mae, Freddie Mac, and this opposition. That is unfortunate. many working families are losing their FHA home loan guarantee limits to 125 The Durbin amendment was a meas- homes, credit access has been signifi- percent of metropolitan-area median ured response targeted at homeowners cantly reduced, and our economy has home prices, without reference to the facing extreme hardship. I voted for slowed. This act will help alleviate the VA home loan program. This had the Senator DURBIN’s stand-alone legisla- challenges faced by homeowners. effect of raising the Fannie Mae and tion on this last week in the Judiciary Hawaii’s foreclosure rate increased Freddie Mac limits to nearly $730,000 in Committee, and I hope the Senate can by more than 88 percent last year, for the highest cost areas, while leaving move this proposal forward in the com- a total of 1,270 families who had their the VA limit of $417,000 in place. ing weeks and months. homes foreclosed. The loss of a family I urge all of my colleagues to support With respect to the renewable energy home can be financially and emotion- this measure so that this important amendment offered by Senators ENSIGN ally devastating. Compared with other group of Americans may benefit from and CANTWELL, while I continue to sup- States, Hawaii has not suffered as an increased home loan guaranty in port extending critical renewable en- much during this housing crisis. How- this time of economic uncertainty. ergy tax provisions, I am disappointed ever, foreclosure statistics do not re- This legislation would also increase that this amendment was not offset. I flect the many families who are having benefits for specially adapted housing also oppose the amendment’s section difficulties making mortgage payments for disabled veterans. This legislation 105 language. It unfortunately does not after their adjustable interest rate would authorize VA to pay an addi- reflect the latest compromise reached mortgage reset or having to sell at a tional $10,000 to those eligible for as- within both the House and Senate as significant loss due to an unexpected sistance pursuant to section 2101(a), reflected in H.R. 6, which passed the transfer or a loss of a job. title 38, United States Code, increasing House on December 2, 2007; S. Amdt This much needed bipartisan legisla- the total amount of funds available per 3841, which I supported on December 13, tion will help protect homeowners grant to $60,000. Individuals eligible for 2007; and H.R. 5351. I am pleased, how- across the country, prevent fore- assistance pursuant to section 2101(b) ever, that Senator CANTWELL has com- closures, and assist our Nation’s vet- would be able to receive an additional mitted to working with me to ensure erans. This legislation will modernize $2,000 in assistance, increasing the this provision is fixed to correct its and improve the Federal Housing Ad- total amount of funds available per overly broad definition, which poses a ministration, FHA, to provide home- grant to $12,000. unique but serious threat to Wisconsin. owners with additional access to fixed Increases in housing and home adap- Unless modified, the bill’s language rate mortgages. Additional resources tation grants have been infrequent, de- could have the unintended consequence will be provided by this bill for housing spite the fact that real estate and con- of penalizing Wisconsin, which has a counseling to assist homeowners in struction costs are continually on the

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2843 rise. Unless the amounts of the grants provides an opportunity to help restore Experts now predict 3 million fore- are adjusted, inflation erodes the value our housing markets by keeping declin- closures in the next 2 years. Another 45 and effectiveness of these benefits, ing property values stable. It will pro- million homeowners will experience re- making it more difficult for bene- tect neighborhoods from a glut of va- duced value in their homes as a result ficiaries to afford the accommodations cant homes. There is much more we of these foreclosures. they need. This provision would go a need to do, but this bill represents a Nevadans are facing the fallout of long way in making certain that spe- long overdue start. I am hopeful that this crisis more than any other state. cially adapted housing benefits meet an even stronger version will return In February alone, one out of every the current needs of America’s vet- quickly to the Senate from a House/ 165 homes was in foreclosure. That is erans. Senate conference committee so we the highest rate in America. We must enact this legislation quick- can get much-needed help to people in Nevada’s economy is suffering, just ly to help homeowners remain in their Michigan as soon as possible. as it is throughout America, and this homes, stabilize the economy, and pro- Mr. BAUCUS. Mr. President, I am bill will help begin to turn things vide much needed improvements to proud to have worked with my col- around. veterans’ housing benefits. league CHUCK GRASSLEY on the impor- If passed into law, the housing bill Mr. LEVIN. Mr. President, the tant tax relief measures in this bill. now before us would improve the pros- progress this bill represents is overdue. They will help homeowners, home- pects and options for families and com- The foreclosure crisis is dire, and there buyers, and homebuilders. And I urge munities all across our country. is much still to be done. But this bill my colleagues to support them. During our country’s last great bank- offers some immediate help. The tax provisions in the bill come to ing crisis in the 1930s, the Federal Over the past few months, I have a little over $10 billion over 10 years. Housing Administration, FHA, was cre- hosted a series of roundtable meetings The bill creates a standard property ated to stabilize the economy and help in Michigan communities with leaders tax deduction for homeowners who do Americans secure the benefits of home- from local and State government, as not itemize their Federal taxes. And ownership. well as organizations that are in the that deduction will help low- and mid- Over the past three quarters of a cen- trenches working with families facing dle-income homeowners to afford to tury, millions of American families foreclosure, to discuss practical ways keep their homes. have become homeowners with the help to help homeowners and protect our The bill increases funding for mort- of the FHA. economy from further damage. When I gage revenue bonds. And those bonds But the rules that govern the FHA have asked for their feedback on this will help homeowners and homebuyers have limited the effectiveness of the to obtain affordable loans. bill, they think it would help address a program. The bill provides a substantial credit Our housing bill addresses this prob- number of the problems they high- to buyers of foreclosed homes. And lem by modernizing the FHA. One of lighted. that credit will help to stabilize local Across Michigan, communities would the principal benefits will be to perma- markets and restore property values. like to rehabilitate abandoned and nently raise loan limits to $550,000 and The bill allows companies losing to introduce more flexibility into the foreclosed properties so that sur- money—and laying off employees—to rounding property values do not con- lending process. write off current losses and bolster President Bush has announced his tinue to fall. But currently there are struggling operations. And that ability support for FHA modernization. Demo- not funds to meet the growing demand. to carry over losses will help strug- crats and Republicans in Congress This bill provides Federal block grants gling companies to keep workers on agree that it is the right thing to do to areas with the highest foreclosure the payroll. for American families. rates and filings to help rehabilitate There is no magic solution to this This bill will achieve that crucial and abandoned or foreclosed properties and housing crisis. This bill is just plain re- bipartisan goal. prevent further damage to local hous- sponsible policy. It addresses a lot of Among the many little-noticed con- ing values and neighborhoods. In addi- irresponsible actions that led to seri- sequences of the war in Iraq is that tion, taxpayers who purchase a home ous trouble for many Americans and thousands of service men and women that has been foreclosed upon will be for our economy. stationed overseas are struggling to eligible for a tax credit. To respond to this crisis, Senator meet their mortgage obligations. This bill also provides funding for GRASSLEY and I crafted provisions that The sacrifice of our men and women much needed pre-foreclosure coun- support American families and Amer- in uniform is more than enough. They seling. I am encouraged by the good ican workers. These folks deserve to should not ever be forced to sacrifice work currently being done by many keep their homes. And they deserve to their homes. counseling organizations who are try- keep their jobs. Our housing bill will help avoid that ing to help families avoid foreclosure. This bill will put real money in their terrible prospect. We extend for service But across Michigan, foreclosure pre- pockets. It will do so through tax re- members the protection period against vention counselors are overwhelmed, lief. And it will do so through contin- foreclosure and make it easier for them and a lack of funds is tying the hands ued paychecks from companies that to afford their mortgages. of local groups trying to help keep fam- use the tax relief in the bill to survive. These are just some of the important ilies on track. I urge my colleagues to support this provisions that this bill includes. This bill also helps address the crit- bill. Let’s send it to the House. Let’s But as I have said before, we must ical need for more affordable loans to send its tax relief to American home- recognize that the upcoming vote is help families refinance and stay in owners, homebuyers, and home- just the beginning of a process that be- their current homes. States are author- builders. And let’s speed this help to gins here in the Senate and will con- ized to issue new tax-exempt bonds to American families and American work- tinue in the House of Representatives. help homeowners refinance adjustable ers. I hope that when the process is com- rate mortgages. Providing refinancing Mr. REID. Mr. President, the U.S. plete, we will have a strengthened bi- options for homeowners in potentially Senate will soon have the opportunity partisan bill that will do even more to solvent situations is an important to vote for legislation that will help help families, communities and our component in the effort to reverse the lift struggling homeowners, neighbor- economy. current tide of foreclosures. hoods and our economy. Yesterday, the administration an- Ending the foreclosure crisis will re- This bipartisan housing bill—forged nounced a new program at the FHA quire a team effort among Federal, through compromise and cooperation that would insure new loans that refi- State, and local governments, commu- on the part of Senator DODD, Senator nance existing mortgages for home- nity and neighborhood organizations, SHELBY and others, is not perfect. owners who are ‘‘underwater,’’ mean- and lenders, brokers, and borrowers. It is not a magic bullet that will ing that they owe more than their This bill recognizes that fact. It pro- solve the problem. Either coauthor house is now worth. vides an opportunity to help keep would be the first to say that. But it is There are reports that 9 million struggling families in their homes. It an important step. homeowners are now under water. The

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BARNEY FRANK have been discussing a Murray Shelby Whitehouse Sec. 149. Prohibition against kickbacks and un- similar proposal for weeks that could Nelson (FL) Smith Wicker earned fees. Nelson (NE) Snowe Wyden Sec. 150. Leasehold requirements. help as many as 2 million. The importance of our work to help NAYS—12 TITLE II—MORTGAGE FORECLOSURE PROTECTIONS FOR SERVICEMEMBERS our country weather this crisis cannot Barrasso Crapo Hagel Bunning DeMint Inhofe Sec. 201. Temporary increase in maximum loan be overstated. Coburn Enzi Kyl guaranty amount for certain This week, the Washington Post re- Corker Gregg Warner housing loans guaranteed by the ported that experts at the Federal Re- NOT VOTING—4 Secretary of Veterans Affairs. Sec. 202. Counseling on mortgage foreclosures serve have said this: Clinton McCain The nationwide drop in home prices could Dole Obama for members of the Armed Forces returning from service abroad. put the economy in uncharted territory, as The bill (H.R. 3221), as amended, was there are no clear precedents for how con- Sec. 203. Enhancement of protections for sumers will respond. passed, as follows: servicemembers relating to mort- H.R. 3221 gages and mortgage foreclosures. It is time for Congress to take ac- Resolved, That the bill from the House of Sec. 204. Limitation on distribution of funds. tion. Our vote today marks not the end Representatives (H.R. 3221) entitled ‘‘An Act TITLE III—EMERGENCY ASSISTANCE FOR but the beginning of that process. moving the United States toward greater en- THE REDEVELOPMENT OF ABANDONED AMENDMENT NO. 4387 ergy independence and security, developing AND FORECLOSED HOMES The PRESIDING OFFICER. Under innovative new technologies, reducing car- Sec. 301. Emergency assistance for the redevel- the previous order, amendment No. bon emissions, creating green jobs, pro- opment of abandoned and fore- 4387, as amended, is agreed to. The mo- tecting consumers, increasing clean renew- closed homes. able energy production, and modernizing our tion to reconsider is considered made Sec. 302. Nationwide distribution of resources. energy infrastructure, and to amend the In- Sec. 303. Limitation on use of funds with re- and laid on the table. ternal Revenue Code of 1986 to provide tax spect to eminent domain. The question is on the engrossment incentives for the production of renewable Sec. 304. Counseling intermediaries. and third reading of the bill. energy and energy conservation.’’, do pass TITLE IV—HOUSING COUNSELING The bill was ordered to be engrossed with the following amendments: RESOURCES for a third reading and was read the Strike out all after the enacting clause and insert: Sec. 401. Housing counseling resources. third time. Sec. 402. Credit counseling. Mr. REID. Mr. President, I ask for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as TITLE V—MORTGAGE DISCLOSURE the yeas and nays. the ‘‘Foreclosure Prevention Act of 2008’’. IMPROVEMENT ACT The PRESIDING OFFICER. Is there a (b) TABLE OF CONTENTS.—The table of con- Sec. 501. Short title. sufficient second? There is a sufficient tents for this Act is as follows: Sec. 502. Enhanced mortgage loan disclosures. second. Sec. 1. Short title; table of contents. Sec. 503. Community Development Investment Authority for depository institu- The yeas and nays were ordered. TITLE I—FHA MODERNIZATION ACT OF tions. The PRESIDING OFFICER. The 2008 Sec. 504. Federal Home loan bank refinancing question is, Shall the bill, as amended, Sec. 101. Short title. authority for certain residential pass? Subtitle A—Building American Homeownership mortgage loans. The yeas and nays have been ordered, Sec. 111. Short title. TITLE VI—TAX-RELATED PROVISIONS and the clerk will call the roll. Sec. 112. Maximum principal loan obligation. Sec. 601. Election for 4-year carryback of cer- Sec. 113. Cash investment requirement and pro- The legislative clerk called the roll. tain net operating losses and tem- hibition of seller-funded down- Mr. DURBIN. I announce that the porary suspension of 90 percent payment assistance. Senator from New York (Mrs. CLINTON) Sec. 114. Mortgage insurance premiums. AMT limit. and the Senator from Illinois (Mr. Sec. 115. Rehabilitation loans. Sec. 602. Modifications on use of qualified mort- OBAMA) are necessarily absent. Sec. 116. Discretionary action. gage bonds; temporary increased Mr. KYL. The following Senators are Sec. 117. Insurance of condominiums. volume cap for certain housing necessarily absent: the Senator from Sec. 118. Mutual Mortgage Insurance Fund. bonds. Sec. 119. Hawaiian home lands and Indian res- Sec. 603. Credit for certain home purchases. North Carolina (Mrs. DOLE) and the ervations. Sec. 604. Additional standard deduction for real Senator from Arizona (Mr. MCCAIN). Sec. 120. Conforming and technical amend- property taxes for nonitemizers. Further, if present and voting, the ments. Sec. 605. Election to accelerate AMT and R and Senator from North Carolina (Mrs. Sec. 121. Insurance of mortgages. D credits in lieu of bonus depre- DOLE) would have voted ‘‘yea.’’ Sec. 122. Home equity conversion mortgages. ciation. The PRESIDING OFFICER. Are there Sec. 123. Energy efficient mortgages program. Sec. 606. Use of amended income tax returns to any other Senators in the Chamber de- Sec. 124. Pilot program for automated process take into account receipt of cer- for borrowers without sufficient tain hurricane-related casualty siring to vote? credit history. loss grants by disallowing pre- The result was announced—yeas 84, Sec. 125. Homeownership preservation. viously taken casualty loss deduc- nays 12, as follows: Sec. 126. Use of FHA savings for improvements tions. [Rollcall Vote No. 96 Leg.] in FHA technologies, procedures, Sec. 607. Waiver of deadline on construction of processes, program performance, YEAS—84 GO Zone property eligible for staffing, and salaries. bonus depreciation. Akaka Carper Graham Sec. 127. Post-purchase housing counseling eli- Sec. 608. Temporary tax relief for Kiowa Coun- Alexander Casey Grassley gibility improvements. ty, Kansas and surrounding area. Allard Chambliss Harkin Sec. 128. Pre-purchase homeownership coun- TITLE VII—EMERGENCY DESIGNATION Baucus Cochran Hatch seling demonstration. Bayh Coleman Hutchison Sec. 701. Emergency designation. Bennett Collins Inouye Sec. 129. Fraud prevention. Biden Conrad Isakson Sec. 130. Limitation on mortgage insurance pre- TITLE VIII—REIT INVESTMENT Bingaman Cornyn Johnson mium increases. DIVERSIFICATION AND EMPOWERMENT Bond Craig Kennedy Sec. 131. Savings provision. Sec. 801. Short title; amendment of 1986 Code. Boxer Dodd Kerry Sec. 132. Implementation. Brown Domenici Klobuchar Sec. 133. Moratorium on implementation of risk- Subtitle A—Taxable REIT Subsidiaries Brownback Dorgan Kohl based premiums. Sec. 811. Conforming taxable REIT subsidiary Burr Durbin Landrieu Subtitle B—Manufactured Housing Loan asset test. Byrd Ensign Lautenberg Cantwell Feingold Leahy Modernization Subtitle B—Dealer Sales Cardin Feinstein Levin Sec. 141. Short title. Sec. 821. Holding period under safe harbor.

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Sec. 822. Determining value of sales under safe SEC. 112. MAXIMUM PRINCIPAL LOAN OBLIGA- ‘‘(C) PROHIBITED SOURCES.—In no case shall harbor. TION. the funds required by subparagraph (A) consist, (a) IN GENERAL.—Paragraph (2) of section Subtitle C—Health Care REITs in whole or in part, of funds provided by any of 203(b)(2) of the National Housing Act (12 U.S.C. the following parties before, during, or after Sec. 831. Conformity for health care facilities. 1709(b)(2)) is amended— closing of the property sale: Subtitle D—Effective Dates and Sunset (1) by amending subparagraphs (A) and (B) to ‘‘(i) The seller or any other person or entity read as follows: Sec. 841. Effective dates and sunset. that financially benefits from the transaction. ‘‘(A) not to exceed the lesser of— ‘‘(ii) Any third party or entity that is reim- TITLE IX—VETERANS HOUSING MATTERS ‘‘(i) in the case of a 1-family residence, 110 bursed, directly or indirectly, by any of the par- percent of the median 1-family house price in Sec. 901. Home improvements and structural al- ties described in clause (i).’’. terations for totally disabled mem- the area, as determined by the Secretary; and in SEC. 114. MORTGAGE INSURANCE PREMIUMS. bers of the Armed Forces before the case of a 2-, 3-, or 4-family residence, the Section 203(c)(2) of the National Housing Act discharge or release from the percentage of such median price that bears the (12 U.S.C. 1709(c)(2)) is amended— Armed Forces. same ratio to such median price as the dollar (1) in the matter preceding subparagraph (A), Sec. 902. Eligibility for specially adapted hous- amount limitation in effect for 2007 under sec- by striking ‘‘or of the General Insurance Fund’’ ing benefits and assistance for tion 305(a)(2) of the Federal Home Loan Mort- and all that follows through ‘‘section 234(c),,’’; members of the Armed Forces with gage Corporation Act (12 U.S.C. 1454(a)(2)) for a and service-connected disabilities and 2-, 3-, or 4-family residence, respectively, bears to the dollar amount limitation in effect for 2007 (2) in subparagraph (A)— individuals residing outside the (A) by striking ‘‘2.25 percent’’ and inserting United States. under such section for a 1-family residence; or ‘‘(ii) 132 percent of the dollar amount limita- ‘‘3 percent’’; and Sec. 903. Specially adapted housing assistance tion in effect for 2007 under such section (B) by striking ‘‘2.0 percent’’ and inserting for individuals with severe burn 305(a)(2) for a residence of the applicable size ‘‘2.75 percent’’. injuries. (without regard to any authority to increase SEC. 115. REHABILITATION LOANS. Sec. 904. Extension of assistance for individuals such limitations with respect to properties lo- residing temporarily in housing Subsection (k) of section 203 of the National cated in Alaska, , Hawaii, or the Virgin owned by a family member. Housing Act (12 U.S.C. 1709(k)) is amended— Islands), except that each such maximum dollar (1) in paragraph (1), by striking ‘‘on’’ and all Sec. 905. Increase in specially adapted housing amount shall be adjusted effective January 1 of that follows through ‘‘1978’’; and benefits for disabled veterans. each year beginning with 2009, by adding to or (2) in paragraph (5)— Sec. 906. Report on specially adapted housing subtracting from each such amount (as it may (A) by striking ‘‘General Insurance Fund’’ the for disabled individuals. have been previously adjusted) a percentage first place it appears and inserting ‘‘Mutual Sec. 907. Report on specially adapted housing thereof equal to the percentage increase or de- Mortgage Insurance Fund’’; and assistance for individuals who re- crease, during the most recently completed 12- (B) in the second sentence, by striking the side in housing owned by a family month or 4-quarter period ending before the time comma and all that follows through ‘‘General member on permanent basis. of determining such annual adjustment, in an Insurance Fund’’. Sec. 908. Definition of annual income for pur- housing price index developed or selected by the poses of section 8 and other public SEC. 116. DISCRETIONARY ACTION. Secretary for purposes of adjustments under this The National Housing Act is amended— housing programs. clause; Sec. 909. Payment of transportation of baggage (1) in subsection (e) of section 202 (12 U.S.C. except that the dollar amount limitation in ef- and household effects for members 1708(e))— fect under this subparagraph for any size resi- (A) in paragraph (3)(B), by striking ‘‘section of the Armed Forces who relocate dence for any area may not be less than the 202(e) of the National Housing Act’’ and insert- due to foreclosure of leased hous- greater of: (I) the dollar amount limitation in ef- ing ‘‘this subsection’’; and ing. fect under this section for the area on October (B) by redesignating such subsection as sub- TITLE X—CLEAN ENERGY TAX STIMULUS 21, 1998; or (II) 65 percent of the dollar amount section (f); Sec. 1001. Short title; etc. limitation in effect for 2007 under such section (2) by striking paragraph (4) of section 203(s) Subtitle A—Extension of Clean Energy 305(a)(2) for a residence of the applicable size, (12 U.S.C. 1709(s)(4)) and inserting the following Production Incentives as such limitation is adjusted by any subsequent new paragraph: percentage adjustments determined under clause ‘‘(4) the Secretary of Agriculture;’’; and Sec. 1011. Extension and modification of renew- (ii) of this subparagraph; and (3) by transferring subsection (s) of section 203 able energy production tax credit. ‘‘(B) not to exceed 100 percent of the ap- (as amended by paragraph (2) of this section) to Sec. 1012. Extension and modification of solar praised value of the property.’’; and section 202, inserting such subsection after sub- energy and fuel cell investment (2) in the matter following subparagraph (B), section (d) of section 202, and redesignating tax credit. by striking the second sentence (relating to a such subsection as subsection (e). Sec. 1013. Extension and modification of resi- definition of ‘‘average closing cost’’) and all dential energy efficient property SEC. 117. INSURANCE OF CONDOMINIUMS. that follows through ‘‘section 3103A(d) of title (a) IN GENERAL.—Section 234 of the National credit. 38, United States Code.’’. Sec. 1014. Extension and modification of credit Housing Act (12 U.S.C. 1715y) is amended— (b) EFFECTIVE DATE.—The amendments made (1) in subsection (c), in the first sentence— for clean renewable energy bonds. by subsection (a) shall take effect upon the expi- (A) by striking ‘‘and’’ before ‘‘(2)’’; and Sec. 1015. Extension of special rule to implement ration of the date described in section 202(a) of (B) by inserting before the period at the end FERC restructuring policy. the Economic Stimulus Act of 2008 (Public Law the following: ‘‘, and (3) the project has a blan- Subtitle B—Extension of Incentives to Improve 110–185). ket mortgage insured by the Secretary under Energy Efficiency SEC. 113. CASH INVESTMENT REQUIREMENT AND subsection (d)’’; and Sec. 1021. Extension and modification of credit PROHIBITION OF SELLER-FUNDED (2) in subsection (g), by striking ‘‘, except DOWNPAYMENT ASSISTANCE. for energy efficiency improve- Paragraph 9 of section 203(b) of the National that’’ and all that follows and inserting a pe- ments to existing homes. Housing Act (12 U.S.C. 1709(b)(9)) is amended to riod. EFINITION OF MORTGAGE.—Section 201(a) Sec. 1022. Extension and modification of tax read as follows: (b) D credit for energy efficient new ‘‘(9) CASH INVESTMENT REQUIREMENT.— of the National Housing Act (12 U.S.C. 1707(a)) homes. ‘‘(A) IN GENERAL.—A mortgage insured under is amended— Sec. 1023. Extension and modification of energy this section shall be executed by a mortgagor (1) before ‘‘a first mortgage’’ insert ‘‘(A)’’; efficient commercial buildings de- who shall have paid, in cash, on account of the (2) by striking ‘‘or on a leasehold (1)’’ and in- duction. property an amount equal to not less than 3.5 serting ‘‘(B) a first mortgage on a leasehold on Sec. 1024. Modification and extension of energy percent of the appraised value of the property or real estate (i)’’; efficient appliance credit for ap- such larger amount as the Secretary may deter- (3) by striking ‘‘or (2)’’ and inserting ‘‘, or pliances produced after 2007. mine. (ii)’’; and TITLE XI—SENSE OF THE SENATE ‘‘(B) FAMILY MEMBERS.—For purposes of this (4) by inserting before the semicolon the fol- paragraph, the Secretary shall consider as cash lowing: ‘‘, or (C) a first mortgage given to secure Sec. 1101. Sense of the Senate. or its equivalent any amounts borrowed from a the unpaid purchase price of a fee interest in, or TITLE I—FHA MODERNIZATION ACT OF family member (as such term is defined in sec- long-term leasehold interest in, real estate con- 2008 tion 201), subject only to the requirements that, sisting of a one-family unit in a multifamily SEC. 101. SHORT TITLE. in any case in which the repayment of such bor- project, including a project in which the dwell- This title may be cited as the ‘‘FHA Mod- rowed amounts is secured by a lien against the ing units are attached, or are manufactured ernization Act of 2008’’. property, that— housing units, semi-detached, or detached, and ‘‘(i) such lien shall be subordinate to the mort- an undivided interest in the common areas and Subtitle A—Building American gage; and facilities which serve the project’’. Homeownership ‘‘(ii) the sum of the principal obligation of the (c) DEFINITION OF REAL ESTATE.—Section 201 SEC. 111. SHORT TITLE. mortgage and the obligation secured by such of the National Housing Act (12 U.S.C. 1707) is This subtitle may be cited as the ‘‘Building lien may not exceed 100 percent of the appraised amended by adding at the end the following American Homeownership Act of 2008’’. value of the property. new subsection:

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The will not maintain its established target subsidy Subsection (n)(2) of section 203 of the National Secretary may not require, for treatment of any rate, the Secretary may either make pro- Housing Act (12 U.S.C. 1709(n)(2)) is amended— land or other property as real estate for pur- grammatic adjustments under this title as nec- (1) in subparagraph (A), by inserting ‘‘or sub- poses of this title, that such land or property be essary to reduce the risk to the Fund, or make ordinate mortgage or’’ before ‘‘lien given’’; and treated as real estate for purposes of State tax- appropriate premium adjustments. (2) in subparagraph (C), by inserting ‘‘or sub- ation.’’. ‘‘(7) OPERATIONAL GOALS.—The operational ordinate mortgage or’’ before ‘‘lien’’. SEC. 118. MUTUAL MORTGAGE INSURANCE FUND. goals for the Fund are— SEC. 122. HOME EQUITY CONVERSION MORT- (a) IN GENERAL.—Subsection (a) of section 202 ‘‘(A) to minimize the default risk to the Fund GAGES. of the National Housing Act (12 U.S.C. 1708(a)) and to homeowners by among other actions in- (a) IN GENERAL.—Section 255 of the National is amended to read as follows: stituting fraud prevention quality control Housing Act (12 U.S.C. 1715z–20) is amended— ‘‘(a) MUTUAL MORTGAGE INSURANCE FUND.— screening not later than 18 months after the (1) in subsection (b)(2), insert ‘‘ ‘real estate,’’’ ‘‘(1) ESTABLISHMENT.—Subject to the provi- date of enactment of the Building American after ‘‘ ‘mortgagor’,’’; sions of the Federal Credit Reform Act of 1990, Homeownership Act of 2008; and (2) by amending subsection (d)(1) to read as there is hereby created a Mutual Mortgage In- ‘‘(B) to meet the housing needs of the bor- follows: surance Fund (in this title referred to as the rowers that the single family mortgage insur- ‘‘(1) have been originated by a mortgagee ap- ‘Fund’), which shall be used by the Secretary to ance program under this title is designed to proved by the Secretary;’’; carry out the provisions of this title with respect serve.’’. (3) by amending subsection (d)(2)(B) to read to mortgages insured under section 203. The Sec- (b) OBLIGATIONS OF FUND.—The National as follows: retary may enter into commitments to guar- Housing Act is amended as follows: ‘‘(B) has received adequate counseling, as antee, and may guarantee, such insured mort- (1) HOMEOWNERSHIP VOUCHER PROGRAM MORT- provided in subsection (f), by an independent gages. GAGES.—In section 203(v) (12 U.S.C. 1709(v))— third party that is not, either directly or indi- ‘‘(2) LIMIT ON LOAN GUARANTEES.—The au- (A) by striking ‘‘Notwithstanding section 202 rectly, associated with or compensated by a thority of the Secretary to enter into commit- of this title, the’’ and inserting ‘‘The’’; and party involved in— ments to guarantee such insured mortgages (B) by striking ‘‘General Insurance Fund’’ the ‘‘(i) originating or servicing the mortgage; shall be effective for any fiscal year only to the first place such term appears and all that fol- ‘‘(ii) funding the loan underlying the mort- extent that the aggregate original principal loan lows through the end of the subsection and in- gage; or amount under such mortgages, any part of serting ‘‘Mutual Mortgage Insurance Fund.’’. ‘‘(iii) the sale of annuities, investments, long- which is guaranteed, does not exceed the (2) HOME EQUITY CONVERSION MORTGAGES.— term care insurance, or any other type of finan- amount specified in appropriations Acts for Section 255(i)(2)(A) of the National Housing Act cial or insurance product;’’; such fiscal year. (12 U.S.C. 1715z–20(i)(2)(A)) is amended by strik- (4) in subsection (f)— ‘‘(3) FIDUCIARY RESPONSIBILITY.—The Sec- ing ‘‘General Insurance Fund’’ and inserting (A) by striking ‘‘(f) INFORMATION SERVICES retary has a responsibility to ensure that the ‘‘Mutual Mortgage Insurance Fund’’. FOR MORTGAGORS.—’’ and inserting ‘‘(f) COUN- Mutual Mortgage Insurance Fund remains fi- (c) CONFORMING AMENDMENTS.—The National SELING SERVICES AND INFORMATION FOR MORT- nancially sound. Housing Act is amended— GAGORS.—’’; and ‘‘(4) ANNUAL INDEPENDENT ACTUARIAL (1) in section 205 (12 U.S.C. 1711), by striking (B) by amending the matter preceding para- STUDY.—The Secretary shall provide for an subsections (g) and (h); and graph (1) to read as follows: ‘‘The Secretary independent actuarial study of the Fund to be (2) in section 519(e) (12 U.S.C. 1735c(e)), by shall provide or cause to be provided adequate conducted annually, which shall analyze the fi- striking ‘‘203(b)’’ and all that follows through counseling for the mortgagor, as described in nancial position of the Fund. The Secretary ‘‘203(i)’’ and inserting ‘‘203, except as deter- subsection (d)(2)(B). Such counseling shall be shall submit a report annually to the Congress mined by the Secretary’’. provided by counselors that meet qualification describing the results of such study and assess- SEC. 119. HAWAIIAN HOME LANDS AND INDIAN standards and follow uniform counseling proto- ing the financial status of the Fund. The report RESERVATIONS. cols. The qualification standards and coun- shall recommend adjustments to underwriting (a) HAWAIIAN HOME LANDS.—Section 247(c) of seling protocols shall be established by the Sec- standards, program participation, or premiums, the National Housing Act (12 U.S.C. 1715z–12(c)) retary within 12 months of the date of enact- if necessary, to ensure that the Fund remains fi- is amended— ment of the Reverse Mortgage Proceeds Protec- nancially sound. The report shall also include (1) by striking ‘‘General Insurance Fund es- tion Act. The protocols shall require a qualified an evaluation of the quality control procedures tablished in section 519’’ and inserting ‘‘Mutual counselor to discuss with each mortgagor infor- and accuracy of information utilized in the Mortgage Insurance Fund’’; and mation which shall include—’’ process of underwriting loans guaranteed by the (2) in the second sentence, by striking ‘‘(1) all (5) in subsection (g), by striking ‘‘established Fund. Such evaluation shall include a review of references’’ and all that follows through ‘‘and under section 203(b)(2)’’ and all that follows the risk characteristics of loans based not only (2)’’. through ‘‘located’’ and inserting ‘‘limitation es- on borrower information and performance, but (b) INDIAN RESERVATIONS.—Section 248(f) of tablished under section 305(a)(2) of the Federal on risks associated with loans originated or the National Housing Act (12 U.S.C. 1715z–13(f)) Home Loan Mortgage Corporation Act for a 1- funded by various entities or financial institu- is amended— family residence’’; tions. (1) by striking ‘‘General Insurance Fund’’ the (6) in subsection (i)(1)(C), by striking ‘‘limita- ‘‘(5) QUARTERLY REPORTS.—During each fiscal first place it appears through ‘‘519’’ and insert- tions’’ and inserting ‘‘limitation’’; year, the Secretary shall submit a report to the ing ‘‘Mutual Mortgage Insurance Fund’’; and (7) by striking subsection (l); Congress for each calendar quarter, which shall (2) in the second sentence, by striking ‘‘(1) all (8) by redesignating subsection (m) as sub- specify for mortgages that are obligations of the references’’ and all that follows through ‘‘and section (l); Fund— (2)’’. (9) by amending subsection (l), as so redesig- ‘‘(A) the cumulative volume of loan guarantee SEC. 120. CONFORMING AND TECHNICAL AMEND- nated, to read as follows: commitments that have been made during such MENTS. ‘‘(l) FUNDING FOR COUNSELING.—The Sec- fiscal year through the end of the quarter for (a) REPEALS.—The following provisions of the retary may use a portion of the mortgage insur- which the report is submitted; National Housing Act are repealed: ance premiums collected under the program ‘‘(B) the types of loans insured, categorized by (1) Subsection (i) of section 203 (12 U.S.C. under this section to adequately fund the coun- risk; 1709(i)). seling and disclosure activities required under ‘‘(C) any significant changes between actual (2) Subsection (o) of section 203 (12 U.S.C. subsection (f), including counseling for those and projected claim and prepayment activity; 1709(o)). homeowners who elect not to take out a home ‘‘(D) projected versus actual loss rates; and (3) Subsection (p) of section 203 (12 U.S.C. equity conversion mortgage, provided that the ‘‘(E) updated projections of the annual sub- 1709(p)). use of such funds is based upon accepted actu- sidy rates to ensure that increases in risk to the (4) Subsection (q) of section 203 (12 U.S.C. arial principles.’’; and Fund are identified and mitigated by adjust- 1709(q)). (10) by adding at the end the following new ments to underwriting standards, program par- (5) Section 222 (12 U.S.C. 1715m). subsection: ticipation, or premiums, and the financial (6) Section 237 (12 U.S.C. 1715z–2). ‘‘(m) AUTHORITY TO INSURE HOME PURCHASE soundness of the Fund is maintained. (7) Section 245 (12 U.S.C. 1715z–10). MORTGAGE.— The first quarterly report under this paragraph (b) DEFINITION OF AREA.—Section 203(u)(2)(A) ‘‘(1) IN GENERAL.—Notwithstanding any other shall be submitted on the last day of the first of the National Housing Act (12 U.S.C. provision of this section, the Secretary may in- quarter of fiscal year 2008, or on the last day of 1709(u)(2)(A)) is amended by striking ‘‘shall’’ sure, upon application by a mortgagee, a home the first full calendar quarter following the en- and all that follows and inserting ‘‘means a equity conversion mortgage upon such terms actment of the Building American Homeowner- metropolitan statistical area as established by and conditions as the Secretary may prescribe, ship Act of 2008, whichever is later. the Office of Management and Budget;’’. when the home equity conversion mortgage will ‘‘(6) ADJUSTMENT OF PREMIUMS.—If, pursuant (c) DEFINITION OF STATE.—Section 201(d) of be used to purchase a 1- to 4-family dwelling to the independent actuarial study of the Fund the National Housing Act (12 U.S.C. 1707(d)) is unit, one unit of which that the mortgagor will required under paragraph (4), the Secretary de- amended by striking ‘‘the Trust Territory of the occupy as a primary residence, and to provide

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for any future payments to the mortgagor, based ‘‘(4) include any fees paid to correspondent ‘‘(b) SCOPE.—The Secretary may carry out the on available equity, as authorized under sub- mortgagees approved by the Secretary; and pilot program under this section on a limited section (d)(9). ‘‘(5) have the same effective date as subsection basis or scope, and may consider limiting the ‘‘(2) LIMITATION ON PRINCIPAL OBLIGATION.—A (m)(2) regarding the limitation on principal obli- program to first-time homebuyers. home equity conversion mortgage insured pursu- gation.’’. ‘‘(c) LIMITATION.—In any fiscal year, the ag- ant to paragraph (1) shall involve a principal (d) STUDY REGARDING PROGRAM COSTS AND gregate number of mortgages insured pursuant obligation that does not exceed the dollar CREDIT AVAILABILITY.— to the automated process established under this amount limitation determined under section (1) IN GENERAL.—The Comptroller General of section may not exceed 5 percent of the aggre- 305(a)(2) of the Federal Home Loan Mortgage the United States shall conduct a study regard- gate number of mortgages for 1- to 4-family resi- Corporation Act for a 1-family residence. ing the costs and availability of credit under the dences insured by the Secretary under this title ‘‘(n) REQUIREMENTS ON MORTGAGE ORIGINA- home equity conversion mortgages for elderly during the preceding fiscal year. TORS.— homeowners program under section 255 of the ‘‘(d) SUNSET.—After the expiration of the 5- ‘‘(1) IN GENERAL.—The mortgagee and any National Housing Act (12 U.S.C. 1715z–20) (in year period beginning on the date of the enact- other party that participates in the origination this subsection referred to as the ‘‘program’’). ment of the Building American Homeownership of a mortgage to be insured under this section (2) PURPOSE.—The purpose of the study re- Act of 2008, the Secretary may not enter into shall— quired under paragraph (1) is to help Congress any new commitment to insure any mortgage, or ‘‘(A) not participate in, be associated with, or analyze and determine the effects of limiting the newly insure any mortgage, pursuant to the employ any party that participates in or is asso- amounts of the costs or fees under the program automated process established under this sec- ciated with any other financial or insurance ac- from the amounts charged under the program as tion.’’. tivity; or of the date of the enactment of this title. (b) GAO REPORT.—Not later than the expira- ‘‘(B) demonstrate to the Secretary that the (3) CONTENT OF REPORT.—The study required tion of the two-year period beginning on the mortgagee or other party maintains, or will under paragraph (1) should focus on— date of the enactment of this subtitle, the Comp- maintain, firewalls and other safeguards de- (A) the cost to mortgagors of participating in troller General of the United States shall submit signed to ensure that— the program; to the Congress a report identifying the number ‘‘(i) individuals participating in the origina- (B) the financial soundness of the program; of additional mortgagors served using the auto- tion of the mortgage shall have no involvement (C) the availability of credit under the pro- mated process established pursuant to section with, or incentive to provide the mortgagor gram; and 257 of the National Housing Act (as added by with, any other financial or insurance product; (D) the costs to elderly homeowners partici- the amendment made by subsection (a) of this and pating in the program, including— section) and the impact of such process and the ‘‘(ii) the mortgagor shall not be required, di- (i) mortgage insurance premiums charged insurance of mortgages pursuant to such process rectly or indirectly, as a condition of obtaining under the program; on the safety and soundness of the insurance a mortgage under this section, to purchase any (ii) up-front fees charged under the program; funds under the National Housing Act of which other financial or insurance product. and such mortgages are obligations. ‘‘(2) APPROVAL OF OTHER PARTIES.—All par- (iii) margin rates charged under the program. SEC. 125. HOMEOWNERSHIP PRESERVATION. ties that participate in the origination of a mort- (4) TIMING OF REPORT.—Not later than 12 The Secretary of Housing and Urban Develop- gage to be insured under this section shall be months after the date of the enactment of this ment and the Commissioner of the Federal approved by the Secretary. title, the Comptroller General shall submit a re- Housing Administration, in consultation with ‘‘(o) PROHIBITION AGAINST REQUIREMENTS TO port to the Committee on Banking, Housing, industry, the Neighborhood Reinvestment Cor- PURCHASE ADDITIONAL PRODUCTS.—The mort- and Urban Affairs of the Senate and the Com- poration, and other entities involved in fore- gagee or any other party shall not be required mittee on Financial Services of the House of closure prevention activities, shall— by the mortgagor or any other party to purchase Representatives setting forth the results and (1) develop and implement a plan to improve an insurance, annuity, or other additional conclusions of the study required under para- the Federal Housing Administration’s loss miti- product as a requirement or condition of eligi- graph (1). gation process; and bility for a mortgage authorized under sub- SEC. 123. ENERGY EFFICIENT MORTGAGES PRO- (2) report such plan to the Committee on section (c). GRAM. Banking, Housing, and Urban Affairs of the ‘‘(p) STUDY TO DETERMINE CONSUMER PRO- Section 106(a)(2) of the Energy Policy Act of Senate and the Committee on Financial Services TECTIONS AND UNDERWRITING STANDARDS.—The 1992 (42 U.S.C. 12712 note) is amended— of the House of Representatives. Secretary shall conduct a study to examine and (1) by amending subparagraph (C) to read as SEC. 126. USE OF FHA SAVINGS FOR IMPROVE- determine appropriate consumer protections and follows: MENTS IN FHA TECHNOLOGIES, PRO- CEDURES, PROCESSES, PROGRAM ‘‘(C) COSTS OF IMPROVEMENTS.—The cost of underwriting standards to ensure that the pur- PERFORMANCE, STAFFING, AND SAL- chase of products referred to in subsection (o) is cost-effective energy efficiency improvements ARIES. appropriate for the consumer. In conducting shall not exceed the greater of— (a) AUTHORIZATION OF APPROPRIATIONS.— such study, the Secretary shall consult with ‘‘(i) 5 percent of the property value (not to ex- There is authorized to be appropriated for each consumer advocates (including recognized ex- ceed 5 percent of the limit established under sec- of fiscal years 2009 through 2013, $25,000,000, perts in consumer protection), industry rep- tion 203(b)(2)(A)) of the National Housing Act from negative credit subsidy for the mortgage in- resentatives, representatives of counseling orga- (12 U.S.C. 1709(b)(2)(A); or surance programs under title II of the National nizations, and other interested parties.’’. ‘‘(ii) 2 percent of the limit established under Housing Act, to the Secretary of Housing and (b) MORTGAGES FOR COOPERATIVES.—Sub- section 203(b)(2)(B) of such Act.’’; and Urban Development for increasing funding for (2) by adding at the end the following: section (b) of section 255 of the National Hous- the purpose of improving technology, processes, ‘‘(D) LIMITATION.—In any fiscal year, the ag- ing Act (12 U.S.C. 1715z–20(b)) is amended— program performance, eliminating fraud, and gregate number of mortgages insured pursuant (1) in paragraph (4)— for providing appropriate staffing in connection to this section may not exceed 5 percent of the (A) by inserting ‘‘a first or subordinate mort- with the mortgage insurance programs under aggregate number of mortgages for 1- to 4-family gage or lien’’ before ‘‘on all stock’’; title II of the National Housing Act. residences insured by the Secretary of Housing (B) by inserting ‘‘unit’’ after ‘‘dwelling’’; and (b) CERTIFICATION.—The authorization under (C) by inserting ‘‘a first mortgage or first lien’’ and Urban Development under title II of the subsection (a) shall not be effective for a fiscal before ‘‘on a leasehold’’; and National Housing Act (12 U.S.C. 1707 et seq.) year unless the Secretary of Housing and Urban (2) in paragraph (5), by inserting ‘‘a first or during the preceding fiscal year.’’. Development has, by rulemaking in accordance subordinate lien on’’ before ‘‘all stock’’. SEC. 124. PILOT PROGRAM FOR AUTOMATED with section 553 of title 5, United States Code (c) LIMITATION ON ORIGINATION FEES.—Sec- PROCESS FOR BORROWERS WITH- (notwithstanding subsections (a)(2), (b)(B), and OUT SUFFICIENT CREDIT HISTORY. tion 255 of the National Housing Act (12 U.S.C. (d)(3) of such section), made a determination (a) ESTABLISHMENT.—Title II of the National 1715z–20), as amended by the preceding provi- that— sions of this section, is further amended by add- Housing Act (12 U.S.C. 1707 et seq.) is amended (1) premiums being, or to be, charged during ing at the end the following new subsection: by adding at the end the following new section: such fiscal year for mortgage insurance under ‘‘(r) LIMITATION ON ORIGINATION FEES.—The ‘‘SEC. 257. PILOT PROGRAM FOR AUTOMATED title II of the National Housing Act are estab- Secretary shall establish limits on the origina- PROCESS FOR BORROWERS WITH- lished at the minimum amount sufficient to— tion fee that may be charged to a mortgagor OUT SUFFICIENT CREDIT HISTORY. (A) comply with the requirements of section under a mortgage insured under this section, ‘‘(a) ESTABLISHMENT.—The Secretary shall 205(f) of such Act (relating to required capital which limitations shall— carry out a pilot program to establish, and make ratio for the Mutual Mortgage Insurance ‘‘(1) equal 1.5 percent of the maximum claim available to mortgagees, an automated process Fund); and amount of the mortgage unless adjusted there- for providing alternative credit rating informa- (B) ensure the safety and soundness of the after on the basis of— tion for mortgagors and prospective mortgagors other mortgage insurance funds under such Act; ‘‘(A) the costs to the mortgagor; and under mortgages on 1- to 4-family residences to and ‘‘(B) the impact of such fees on the reverse be insured under this title who have insufficient (2) any negative credit subsidy for such fiscal mortgage market; credit histories for determining their credit- year resulting from such mortgage insurance ‘‘(2) be subject to a minimum allowable worthiness. Such alternative credit rating infor- programs adequately ensures the efficient deliv- amount; mation may include rent, utilities, and insur- ery and availability of such programs. ‘‘(3) provide that the origination fee may be ance payment histories, and such other informa- (c) STUDY AND REPORT.—The Secretary of fully financed with the mortgage; tion as the Secretary considers appropriate. Housing and Urban Development shall conduct

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Not Affairs of the Senate and the Committee on Fi- Subtitle B—Manufactured Housing Loan later than the expiration of the 12-month period nancial Services of the House of Representa- Modernization beginning on the date of the enactment of this tive— SEC. 141. SHORT TITLE. title, the Secretary shall submit a report to the (1) on an annual basis, on the progress and Congress describing the progress made and to be results of the demonstration program established This subtitle may be cited as the ‘‘FHA Manu- made toward updating and upgrading such under subsection (a); and factured Housing Loan Modernization Act of processes and technology, and providing appro- (2) for the period beginning on the date of en- 2008’’. priate staffing for such mortgage insurance pro- actment of this title and ending on the date that SEC. 142. PURPOSES. grams. is 5 years after such date of enactment, on the The purposes of this subtitle are— SEC. 127. POST-PURCHASE HOUSING COUN- payment history and delinquency rates of eligi- (1) to provide adequate funding for FHA-in- SELING ELIGIBILITY IMPROVE- ble homebuyers who participated in the dem- sured manufactured housing loans for low- and MENTS. onstration program. moderate-income homebuyers during all eco- Section 106(c)(4) of the Housing and Urban SEC. 129. FRAUD PREVENTION. nomic cycles in the manufactured housing in- Development Act of 1968 (12 U.S.C. 1701x(c)(4)) Section 1014 of title 18, United States Code, is dustry; is amended: amended in the first sentence— (2) to modernize the FHA title I insurance (1) in subparagraph (C)— (1) by inserting ‘‘the Federal Housing Admin- program for manufactured housing loans to en- (A) in clause (i), by striking ‘‘; or’’ and insert- istration’’ before ‘‘the Farm Credit Administra- hance participation by Ginnie Mae and the pri- ing a semicolon; tion’’; and vate lending markets; and (B) in clause (ii), by striking the period at the (2) by striking ‘‘commitment, or loan’’ and in- (3) to adjust the low loan limits for title I end and inserting a semicolon; and serting ‘‘commitment, loan, or insurance agree- manufactured home loan insurance to reflect (C) by adding at the end the following: ment or application for insurance or a guar- the increase in costs since such limits were last ‘‘(iii) a significant reduction in the income of antee’’. increased in 1992 and to index the limits to in- the household due to divorce or death; or SEC. 130. LIMITATION ON MORTGAGE INSURANCE flation. ‘‘(iv) a significant increase in basic expenses PREMIUM INCREASES. SEC. 143. EXCEPTION TO LIMITATION ON FINAN- of the homeowner or an immediate family mem- (a) IN GENERAL.—Notwithstanding any other CIAL INSTITUTION PORTFOLIO. ber of the homeowner (including the spouse, provision of law, including any provision of this The second sentence of section 2(a) of the Na- child, or parent for whom the homeowner pro- title and any amendment made by this title— tional Housing Act (12 U.S.C. 1703(a)) is amend- vides substantial care or financial assistance) (1) for the period beginning on the date of the ed— due to— enactment of this title and ending on October 1, (1) by striking ‘‘In no case’’ and inserting ‘‘(I) an unexpected or significant increase in 2009, the premiums charged for mortgage insur- ‘‘Other than in connection with a manufactured medical expenses; ance under multifamily housing programs under home or a lot on which to place such a home (or ‘‘(II) a divorce; the National Housing Act may not be increased both), in no case’’; and ‘‘(III) unexpected and significant damage to above the premium amounts in effect under such (2) by striking ‘‘: Provided, That with’’ and the property, the repair of which will not be program on October 1, 2006, unless the Secretary inserting ‘‘. With’’. covered by private or public insurance; or of Housing and Urban Development determines SEC. 144. INSURANCE BENEFITS. ‘‘(IV) a large property-tax increase; or’’; that, absent such increase, insurance of addi- (a) IN GENERAL.—Subsection (b) of section 2 of (2) by striking the matter that follows sub- tional mortgages under such program would, the National Housing Act (12 U.S.C. 1703(b)), is paragraph (C); and under the Federal Credit Reform Act of 1990, re- (3) by adding at the end the following: amended by adding at the end the following quire the appropriation of new budget authority ‘‘(D) the Secretary of Housing and Urban De- new paragraph: to cover the costs (as such term is defined in sec- velopment determines that the annual income of ‘‘(8) INSURANCE BENEFITS FOR MANUFACTURED tion 502 of the Federal Credit Reform Act of 1990 the homeowner is no greater than the annual HOUSING LOANS.—Any contract of insurance (2 U.S.C. 661a) of such insurance; and income established by the Secretary as being of with respect to loans, advances of credit, or pur- (2) a premium increase pursuant to paragraph low- or moderate-income.’’. chases in connection with a manufactured home (1) may be made only if not less than 30 days or a lot on which to place a manufactured home SEC. 128. PRE-PURCHASE HOMEOWNERSHIP prior to such increase taking effect, the Sec- COUNSELING DEMONSTRATION. (or both) for a financial institution that is exe- retary of Housing and Urban Development— cuted under this title after the date of the enact- (a) ESTABLISHMENT OF PROGRAM.—For the pe- (A) notifies the Committee on Banking, Hous- ment of the FHA Manufactured Housing Loan riod beginning on the date of enactment of this ing, and Urban Affairs of the Senate and the title and ending on the date that is 3 years after Modernization Act of 2008 by the Secretary shall Committee on Financial Services of the House of be conclusive evidence of the eligibility of such such date of enactment, the Secretary of Hous- Representatives of such increase; and ing and Urban Development shall establish and financial institution for insurance, and the va- (B) publishes notice of such increase in the lidity of any contract of insurance so executed conduct a demonstration program to test the ef- Federal Register. fectiveness of alternative forms of pre-purchase shall be incontestable in the hands of the bearer (b) WAIVER.—The Secretary of Housing and from the date of the execution of such contract, homeownership counseling for eligible home- Urban Development may waive the 30-day no- buyers. except for fraud or misrepresentation on the tice requirement under subsection (a)(2), if the part of such institution.’’. (b) FORMS OF COUNSELING.—The Secretary of Secretary determines that waiting 30-days before (b) APPLICABILITY.—The amendment made by Housing and Urban Development shall provide increasing premiums would cause substantial to eligible homebuyers pre-purchase homeowner- subsection (a) shall only apply to loans that are damage to the solvency of multifamily housing registered or endorsed for insurance after the ship counseling under this section in the form programs under the National Housing Act. of— date of the enactment of this title. (1) telephone counseling; SEC. 131. SAVINGS PROVISION. SEC. 145. MAXIMUM LOAN LIMITS. (2) individualized in-person counseling; Any mortgage insured under title II of the Na- (a) DOLLAR AMOUNTS.—Paragraph (1) of sec- (3) web-based counseling; tional Housing Act before the date of enactment tion 2(b) of the National Housing Act (12 U.S.C. (4) counseling classes; or of this subtitle shall continue to be governed by 1703(b)(1)) is amended— (5) any other form or type of counseling that the laws, regulations, orders, and terms and (1) in clause (ii) of subparagraph (A), by strik- the Secretary may, in his discretion, determine conditions to which it was subject on the day ing ‘‘$17,500’’ and inserting ‘‘$25,090’’; appropriate. before the date of the enactment of this subtitle. (2) in subparagraph (C) by striking ‘‘$48,600’’ (c) SIZE OF PROGRAM.—The Secretary shall SEC. 132. IMPLEMENTATION. and inserting ‘‘$69,678’’; make available the pre-purchase homeownership The Secretary of Housing and Urban Develop- (3) in subparagraph (D) by striking ‘‘$64,800’’ counseling described in subsection (b) to not ment shall by notice establish any additional re- and inserting ‘‘$92,904’’; more than 3,000 eligible homebuyers in any quirements that may be necessary to imme- (4) in subparagraph (E) by striking ‘‘$16,200’’ given year. diately carry out the provisions of this subtitle. and inserting ‘‘$23,226’’; and (d) INCENTIVE TO PARTICIPATE.—The Sec- The notice shall take effect upon issuance. (5) by realigning subparagraphs (C), (D), and retary of Housing and Urban Development may SEC. 133. MORATORIUM ON IMPLEMENTATION OF (E) 2 ems to the left so that the left margins of provide incentives to eligible homebuyers to par- RISK-BASED PREMIUMS. such subparagraphs are aligned with the mar- ticipate in the demonstration program estab- For the 12-month period beginning on the date gins of subparagraphs (A) and (B). lished under subsection (a). Such incentives may of enactment of this title, the Secretary of Hous- (b) ANNUAL INDEXING.—Subsection (b) of sec- include the reduction of any insurance premium ing and Urban Development shall not enact, tion 2 of the National Housing Act (12 U.S.C.

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1703(b)), as amended by the preceding provisions ‘‘(A) deal with, complete, rent, renovate, mod- ‘‘(b) AUTHORITY OF THE SECRETARY.—The Sec- of this title, is further amended by adding at the ernize, insure, or assign or sell at public or pri- retary is authorized to determine the manner end the following new paragraph: vate sale, or otherwise dispose of, for cash or and extent to which the provisions of sections 3, ‘‘(9) ANNUAL INDEXING OF MANUFACTURED credit in the Secretary’s discretion, and upon 8, 16, 17, 18, and 19 of the Real Estate Settlement HOUSING LOANS.—The Secretary shall develop a such terms and conditions and for such consid- Procedures Act of 1974 (12 U.S.C. 2601 et seq.) method of indexing in order to annually adjust eration as the Secretary shall determine to be may reasonably be applied to the transactions the loan limits established in subparagraphs reasonable, any real or personal property con- described in subsection (a), and to grant such (A)(ii), (C), (D), and (E) of this subsection. Such veyed to or otherwise acquired by the Secretary, exemptions as may be necessary to achieve the index shall be based on the manufactured hous- in connection with the payment of insurance purposes of this section. ing price data collected by the United States heretofore or hereafter granted under this title, ‘‘(c) DEFINITIONS.—For purposes of this sec- Census Bureau. The Secretary shall establish including any evidence of debt, contract, claim, tion— such index no later than 1 year after the date of personal property, or security assigned to or ‘‘(1) the term ‘federally related mortgage loan’ the enactment of the FHA Manufactured Hous- held by him in connection with the payment of as used in sections 3, 8, 16, 17, 18, and 19 of the ing Loan Modernization Act of 2008.’’ insurance heretofore or hereafter granted under Real Estate Settlement Procedures Act of 1974 (c) TECHNICAL AND CONFORMING CHANGES.— this section; and (12 U.S.C. 2601 et seq.) shall include an FHA-in- Paragraph (1) of section 2(b) of the National ‘‘(B) pursue to final collection, by way of sured loan or extension of credit made to a bor- Housing Act (12 U.S.C. 1703(b)(1)) is amended— compromise or otherwise, all claims assigned to rower for the purpose of purchasing a manufac- (1) by striking ‘‘No’’ and inserting ‘‘Except as or held by the Secretary and all legal or equi- tured home that the borrower intends to occupy provided in the last sentence of this paragraph, table rights accruing to the Secretary in connec- as a personal residence; and no’’; and tion with the payment of such insurance, in- ‘‘(2) the term ‘real estate settlement service’ as (2) by adding after and below subparagraph cluding unpaid insurance premiums owed in used in sections 3, 8, 16, 17, 18, and 19 of the (G) the following: ‘‘The Secretary shall, by regulation, annually connection with insurance made available by Real Estate Settlement Procedures Act of 1974 increase the dollar amount limitations in sub- this title. (12 U.S.C. 2601 et seq.) shall include any service paragraphs (A)(ii), (C), (D), and (E) (as such ‘‘(2) ADVERTISEMENTS FOR PROPOSALS.—Sec- rendered in connection with a loan or extension limitations may have been previously adjusted tion 3709 of the Revised Statutes shall not be of credit insured by the Federal Housing Admin- under this sentence) in accordance with the construed to apply to any contract of hazard in- istration for the purchase of a manufactured index established pursuant to paragraph (9).’’. surance or to any purchase or contract for serv- home. ices or supplies on account of such property if ‘‘(d) UNFAIR AND DECEPTIVE PRACTICES.—In SEC. 146. INSURANCE PREMIUMS. the amount thereof does not exceed $25,000. connection with the purchase of a manufac- Subsection (f) of section 2 of the National ‘‘(3) DELEGATION OF AUTHORITY.—The power tured home financed with a loan or extension of Housing Act (12 U.S.C. 1703(f)) is amended— (1) by inserting ‘‘(1) PREMIUM CHARGES.—’’ to convey and to execute in the name of the Sec- credit insured by the Federal Housing Adminis- after ‘‘(f)’’; and retary, deeds of conveyance, deeds of release, tration under this title, the Secretary shall pro- (2) by adding at the end the following new assignments and satisfactions of mortgages, and hibit acts or practices in connection with loans paragraph: any other written instrument relating to real or or extensions of credit that the Secretary finds ‘‘(2) MANUFACTURED HOME LOANS.—Notwith- personal property or any interest therein here- to be unfair, deceptive, or otherwise not in the standing paragraph (1), in the case of a loan, tofore or hereafter acquired by the Secretary interests of the borrower.’’. advance of credit, or purchase in connection pursuant to the provisions of this title may be SEC. 150. LEASEHOLD REQUIREMENTS. with a manufactured home or a lot on which to exercised by an officer appointed by the Sec- Subsection (b) of section 2 of the National place such a home (or both), the premium retary without the execution of any express del- Housing Act (12 U.S.C. 1703(b)), as amended by charge for the insurance granted under this sec- egation of power or power of attorney. Nothing the preceding provisions of this title, is further tion shall be paid by the borrower under the in this subsection shall be construed to prevent amended by adding at the end the following loan or advance of credit, as follows: the Secretary from delegating such power by new paragraph: ‘‘(A) At the time of the making of the loan, order or by power of attorney, in the Secretary’s ‘‘(11) LEASEHOLD REQUIREMENTS.—No insur- advance of credit, or purchase, a single premium discretion, to any officer or agent the Secretary ance shall be granted under this section to any payment in an amount not to exceed 2.25 per- may appoint.’’. such financial institution with respect to any cent of the amount of the original insured prin- SEC. 148. REVISION OF UNDERWRITING CRITERIA. obligation representing any such loan, advance cipal obligation. (a) IN GENERAL.—Subsection (b) of section 2 of of credit, or purchase by it, made for the pur- ‘‘(B) In addition to the premium under sub- the National Housing Act (12 U.S.C. 1703(b)), as poses of financing a manufactured home which paragraph (A), annual premium payments dur- amended by the preceding provisions of this is intended to be situated in a manufactured ing the term of the loan, advance, or obligation title, is further amended by adding at the end home community pursuant to a lease, unless purchased in an amount not exceeding 1.0 per- the following new paragraph: such lease— cent of the remaining insured principal balance ‘‘(10) FINANCIAL SOUNDNESS OF MANUFAC- ‘‘(A) expires not less than 3 years after the (excluding the portion of the remaining balance TURED HOUSING PROGRAM.—The Secretary shall origination date of the obligation; attributable to the premium collected under sub- establish such underwriting criteria for loans ‘‘(B) is renewable upon the expiration of the paragraph (A) and without taking into account and advances of credit in connection with a original 3 year term by successive 1 year terms; delinquent payments or prepayments). manufactured home or a lot on which to place and ‘‘(C) Premium charges under this paragraph a manufactured home (or both), including such ‘‘(C) requires the lessor to provide the lessee shall be established in amounts that are suffi- loans and advances represented by obligations written notice of termination of the lease not cient, but do not exceed the minimum amounts purchased by financial institutions, as may be less than 180 days prior to the expiration of the necessary, to maintain a negative credit subsidy necessary to ensure that the program under this current lease term in the event the lessee is re- for the program under this section for insurance title for insurance for financial institutions quired to move due to the closing of the manu- of loans, advances of credit, or purchases in against losses from such loans, advances of factured home community, and further provides connection with a manufactured home or a lot credit, and purchases is financially sound.’’. that failure to provide such notice to the mort- on which to place such a home (or both), as de- (b) TIMING.—Not later than the expiration of gagor in a timely manner will cause the lease termined based upon risk to the Federal Govern- the 6-month period beginning on the date of the term, at its expiration, to automatically renew ment under existing underwriting requirements. enactment of this title, the Secretary of Housing for an additional 1 year term.’’. ‘‘(D) The Secretary may increase the limita- and Urban Development shall revise the existing tions on premium payments to percentages TITLE II—MORTGAGE FORECLOSURE underwriting criteria for the program referred to PROTECTIONS FOR SERVICEMEMBERS above those set forth in subparagraphs (A) and in paragraph (10) of section 2(b) of the National (B), but only if necessary, and not in excess of Housing Act (as added by subsection (a) of this SEC. 201. TEMPORARY INCREASE IN MAXIMUM the minimum increase necessary, to maintain a LOAN GUARANTY AMOUNT FOR CER- section) in accordance with the requirements of TAIN HOUSING LOANS GUARANTEED negative credit subsidy as described in subpara- such paragraph. graph (C).’’. BY THE SECRETARY OF VETERANS SEC. 149. PROHIBITION AGAINST KICKBACKS AND AFFAIRS. SEC. 147. TECHNICAL CORRECTIONS. UNEARNED FEES. Notwithstanding subparagraph (C) of section (a) DATES.—Subsection (a) of section 2 of the Title I of the National Housing Act is amend- 3703(a)(1) of title 38, United States Code, for National Housing Act (12 U.S.C. 1703(a)) is ed by adding at the end of section 9 the fol- purposes of any loan described in subparagraph amended— lowing new section: (1) by striking ‘‘on and after July 1, 1939,’’ (A)(i)(IV) of such section that is originated dur- each place such term appears; and ‘‘SEC. 10. PROHIBITION AGAINST KICKBACKS AND ing the period beginning on the date of the en- (2) by striking ‘‘made after the effective date UNEARNED FEES. actment of this Act and ending on December 31, of the Housing Act of 1954’’. ‘‘(a) IN GENERAL.—Except as provided in sub- 2008, the term ‘‘maximum guaranty amount’’ (b) AUTHORITY OF SECRETARY.—Subsection (c) section (b), the provisions of sections 3, 8, 16, 17, shall mean an amount equal to 25 percent of the of section 2 of the National Housing Act (12 18, and 19 of the Real Estate Settlement Proce- higher of— U.S.C. 1703(c)) is amended to read as follows: dures Act of 1974 (12 U.S.C. 2601 et seq.) shall (1) the limitation determined under section ‘‘(c) HANDLING AND DISPOSAL OF PROPERTY.— apply to each sale of a manufactured home fi- 305(a)(2) of the Federal Home Loan Mortgage ‘‘(1) AUTHORITY OF SECRETARY.—Notwith- nanced with an FHA-insured loan or extension Corporation Act (12 U.S.C. 1454(a)(2)) for the standing any other provision of law, the Sec- of credit, as well as to services rendered in con- calendar year in which the loan is originated retary may— nection with such transactions. for a single-family residence; or

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2850 CONGRESSIONAL RECORD — SENATE April 10, 2008 (2) 125 percent of the area median price for a (1) an organization which has been indicted (B) with the highest percentage of homes fi- single-family residence, but in no case to exceed for a violation under Federal law relating to an nanced by a subprime mortgage related loan; 175 percent of the limitation determined under election for Federal office; or and such section 305(a)(2) for the calendar year in (2) an organization which employs applicable (C) identified by the State or unit of general which the loan is originated for a single-family individuals. local government as likely to face a significant residence. (b) APPLICABLE INDIVIDUALS DEFINED.—In rise in the rate of home foreclosures. SEC. 202. COUNSELING ON MORTGAGE FORE- this section, the term ‘‘applicable individual’’ (3) ELIGIBLE USES.—Amounts made available CLOSURES FOR MEMBERS OF THE means an individual who— under this section may be used to— ARMED FORCES RETURNING FROM (1) is— (A) establish financing mechanisms for pur- SERVICE ABROAD. (A) employed by the organization in a perma- chase and redevelopment of foreclosed upon (a) IN GENERAL.—The Secretary of Defense nent or temporary capacity; homes and residential properties, including such shall develop and implement a program to ad- (B) contracted or retained by the organiza- mechanisms as soft-seconds, loan loss reserves, vise members of the Armed Forces (including tion; or and shared-equity loans for low- and moderate- members of the National Guard and Reserve) (C) acting on behalf of, or with the express or income homebuyers; who are returning from service on active duty apparent authority of, the organization; and (B) purchase and rehabilitate homes and resi- abroad (including service in Operation Iraqi (2) has been indicted for a violation under dential properties that have been abandoned or Freedom and Operation Enduring Freedom) on Federal law relating to an election for Federal foreclosed upon, in order to sell, rent, or rede- actions to be taken by such members to prevent office. velop such homes and properties; or forestall mortgage foreclosures. TITLE III—EMERGENCY ASSISTANCE FOR (C) establish land banks for homes that have (b) ELEMENTS.—The program required by sub- THE REDEVELOPMENT OF ABANDONED been foreclosed upon; and section (a) shall include the following: AND FORECLOSED HOMES (D) demolish blighted structures. (d) LIMITATIONS.— (1) Credit counseling. SEC. 301. EMERGENCY ASSISTANCE FOR THE RE- (2) Home mortgage counseling. DEVELOPMENT OF ABANDONED AND (1) ON PURCHASES.—Any purchase of a fore- (3) Such other counseling and information as FORECLOSED HOMES. closed upon home or residential property under the Secretary considers appropriate for purposes (a) DIRECT APPROPRIATIONS.—There are ap- this section shall be at a discount from the cur- of the program. propriated out of any money in the Treasury rent market appraised value of the home or (c) TIMING OF PROVISION OF COUNSELING.— not otherwise appropriated for the fiscal year property, taking into account its current condi- Counseling and other information under the 2008, $4,000,000,000, to remain available until ex- tion, and such discount shall ensure that pur- program required by subsection (a) shall be pro- pended, for assistance to States and units of chasers are paying below-market value for the vided to a member of the Armed Forces covered general local government (as such terms are de- home or property. by the program as soon as practicable after the fined in section 102 of the Housing and Commu- (2) SALE OF HOMES.—If an abandoned or fore- return of the member from service as described nity Development Act of 1974 (42 U.S.C. 5302)) closed upon home or residential property is pur- in subsection (a). for the redevelopment of abandoned and fore- chased, redeveloped, or otherwise sold to an in- SEC. 203. ENHANCEMENT OF PROTECTIONS FOR closed upon homes and residential properties. dividual as a primary residence, then such sale SERVICEMEMBERS RELATING TO (b) ALLOCATION OF APPROPRIATED shall be in an amount equal to or less than the MORTGAGES AND MORTGAGE FORE- AMOUNTS.— cost to acquire and redevelop or rehabilitate CLOSURES. (1) IN GENERAL.—The amounts appropriated such home or property up to a decent, safe, and (a) EXTENSION OF PERIOD OF PROTECTIONS or otherwise made available to States and units habitable condition. AGAINST MORTGAGE FORECLOSURES.— of general local government under this section (3) REINVESTMENT OF PROFITS.— (1) EXTENSION OF PROTECTION PERIOD.—Sub- shall be allocated based on a funding formula (A) PROFITS FROM SALES, RENTALS, AND REDE- section (c) of section 303 of the Servicemembers established by the Secretary of Housing and VELOPMENT.— Civil Relief Act (50 U.S.C. App. 533) is amended Urban Development (in this title referred to as (i) 5-YEAR REINVESTMENT PERIOD.—During the by striking ‘‘90 days’’ and inserting ‘‘9 months’’. the ‘‘Secretary’’). 5-year period following the date of enactment of (2) EXTENSION OF STAY OF PROCEEDINGS PE- (2) FORMULA TO BE DEVISED SWIFTLY.—The this Act, any revenue generated from the sale, RIOD.—Subsection (b) of such section is amended funding formula required under paragraph (1) rental, redevelopment, rehabilitation, or any by striking ‘‘90 days’’ and inserting ‘‘9 months’’. shall be established not later than 60 days after other eligible use that is in excess of the cost to (b) TREATMENT OF MORTGAGES AS OBLIGA- the date of enactment of this section. acquire and redevelop (including reasonable de- TIONS SUBJECT TO INTEREST RATE LIMITATION.— (3) CRITERIA.—The funding formula required velopment fees) or rehabilitate an abandoned or Section 207 of the Servicemembers Civil Relief under paragraph (1) shall ensure that any foreclosed upon home or residential property Act (50 U.S.C. App. 527) is amended— amounts appropriated or otherwise made avail- shall be provided to and used by the State or (1) in subsection (a)(1), by striking ‘‘in excess able under this section are allocated to States unit of general local government in accordance of 6 percent’’ the second place it appears and all and units of general local government with the with, and in furtherance of, the intent and pro- that follows and inserting ‘‘in excess of 6 per- greatest need, as such need is determined in the visions of this section. cent— discretion of the Secretary based on— (ii) DEPOSITS IN THE TREASURY.— ‘‘(A) during the period of military service and (A) the number and percentage of home fore- (I) PROFITS.—Upon the expiration of the 5- one year thereafter, in the case of an obligation closures in each State or unit of general local year period set forth under clause (i), any rev- or liability consisting of a mortgage, trust deed, government; enue generated from the sale, rental, redevelop- or other security in the nature of a mortgage; or (B) the number and percentage of homes fi- ment, rehabilitation, or any other eligible use ‘‘(B) during the period of military service, in nanced by a subprime mortgage related loan in that is in excess of the cost to acquire and rede- the case of any other obligation or liability.’’; each State or unit of general local government; velop (including reasonable development fees) or and and rehabilitate an abandoned or foreclosed upon (2) by striking subsection (d) and inserting the (C) the number and percentage of homes in home or residential property shall be deposited following new subsection: default or delinquency in each State or unit of in the Treasury of the United States as miscella- ‘‘(d) DEFINITIONS.—In this section: general local government. neous receipts, unless the Secretary approves a ‘‘(1) INTEREST.—The term ‘interest’ includes (4) DISTRIBUTION.—Amounts appropriated or request to use the funds for purposes under this service charges, renewal charges, fees, or any otherwise made available under this section Act. other charges (except bona fide insurance) with shall be distributed according to the funding (II) OTHER AMOUNTS.—Upon the expiration of respect to an obligation or liability. formula established by the Secretary under the 5-year period set forth under clause (i), any ‘‘(2) OBLIGATION OR LIABILITY.—The term ‘ob- paragraph (1) not later than 30 days after the other revenue not described under subclause (I) ligation or liability’ includes an obligation or li- establishment of such formula. generated from the sale, rental, redevelopment, ability consisting of a mortgage, trust deed, or (c) USE OF FUNDS.— rehabilitation, or any other eligible use of an other security in the nature of a mortgage.’’. (1) IN GENERAL.—Any State or unit of general abandoned or foreclosed upon home or residen- (c) EFFECTIVE DATE; SUNSET.— local government that receives amounts pursu- tial property shall be deposited in the Treasury (1) EFFECTIVE DATE.—The amendment made ant to this section shall, not later than 18 of the United States as miscellaneous receipts. by subsection (a) shall take effect on the date of months after the receipt of such amounts, use (B) OTHER REVENUES.—Any revenue generated the enactment of this Act. such amounts to purchase and redevelop aban- under subparagraphs (A), (C) or (D) of sub- (2) SUNSET.—The amendments made by sub- doned and foreclosed homes and residential section (c)(3) shall be provided to and used by section (a) shall expire on December 31, 2010. Ef- properties. the State or unit of general local government in fective January 1, 2011, the provisions of sub- (2) PRIORITY.—Any State or unit of general accordance with, and in furtherance of, the in- sections (b) and (c) of section 303 of the local government that receives amounts pursu- tent and provisions of this section. Servicemembers Civil Relief Act, as in effect on ant to this section shall in distributing such (e) RULES OF CONSTRUCTION.— the day before the date of the enactment of this amounts give priority emphasis and consider- (1) IN GENERAL.—Except as otherwise provided Act, are hereby revived. ation to those metropolitan areas, metropolitan by this section, amounts appropriated, revenues SEC. 204. LIMITATION ON DISTRIBUTION OF cities, urban areas, rural areas, low- and mod- generated, or amounts otherwise made available FUNDS. erate-income areas, and other areas with the to States and units of general local government (a) IN GENERAL.—None of the funds made greatest need, including those— under this section shall be treated as though available under this title or title III shall be dis- (A) with the greatest percentage of home fore- such funds were community development block tributed to— closures; grant funds under title I of the Housing and

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2851 Community Development Act of 1974 (42 U.S.C. seling intermediaries approved by the Depart- ‘‘(B) In the case of an extension of credit that 5301 et seq.). ment of Housing and Urban Development or the is secured by the dwelling of a consumer, the (2) NO MATCH.—No matching funds shall be NRC to hire attorneys to assist homeowners who disclosures provided under subparagraph (A), required in order for a State or unit of general have legal issues directly related to the home- shall be in addition to the other disclosures re- local government to receive any amounts under owner’s foreclosure, delinquency or short sale. quired by subsection (a), and shall— this section. Such attorneys shall be capable of assisting ‘‘(i) state in conspicuous type size and format, (f) AUTHORITY TO SPECIFY ALTERNATIVE RE- homeowners of owner-occupied homes with the following: ‘You are not required to complete QUIREMENTS.— mortgages in default, in danger of default, or this agreement merely because you have received (1) IN GENERAL.—In administering any subject to or at risk of foreclosure and who have these disclosures or signed a loan application.’; amounts appropriated or otherwise made avail- legal issues that cannot be handled by coun- and able under this section, the Secretary may speci- selors already employed by such intermediaries: ‘‘(ii) be provided in the form of final disclo- fy alternative requirements to any provision Provided, That of the amounts provided for in sures at the time of consummation of the trans- under title I of the Housing and Community De- the prior provisos the NRC shall give priority action, in the form and manner prescribed by velopment Act of 1974 (except for those related consideration to counseling intermediaries and this section. ‘‘(C) In the case of an extension of credit that to fair housing, nondiscrimination, labor stand- legal organizations that (1) provide legal assist- is secured by the dwelling of a consumer, under ards, and the environment) in accordance with ance in the 100 metropolitan statistical areas (as which the annual rate of interest is variable, or the terms of this section and for the sole purpose defined by the Director of the Office of Manage- with respect to which the regular payments may of expediting the use of such funds. ment and Budget) with the highest home fore- otherwise be variable, in addition to the other (2) NOTICE.—The Secretary shall provide writ- closure rates, and (2) have the capacity to begin disclosures required by subsection (a), the dis- ten notice of its intent to exercise the authority using the financial assistance within 90 days closures provided under this subsection shall do to specify alternative requirements under para- after receipt of the assistance: Provided further, graph (1) to the Committee on Banking, Housing the following: That no funds provided under this Act shall be ‘‘(i) Label the payment schedule as follows: and Urban Affairs of the Senate and the Com- used to provide, obtain, or arrange on behalf of ‘Payment Schedule: Payments Will Vary Based mittee on Financial Services of the House of a homeowner, legal representation involving or on Interest Rate Changes’. Representatives not later than 10 business days for the purposes of civil litigation. ‘‘(ii) State in conspicuous type size and format before such exercise of authority is to occur. TITLE IV—HOUSING COUNSELING examples of adjustments to the regular required (3) LOW AND MODERATE INCOME REQUIRE- RESOURCES payment on the extension of credit based on the MENT.— SEC. 401. HOUSING COUNSELING RESOURCES. change in the interest rates specified by the con- (A) IN GENERAL.—Notwithstanding the au- There are appropriated out of any money in tract for such extension of credit. Among the ex- thority of the Secretary under paragraph (1)— the Treasury not otherwise appropriated for the amples required to be provided under this clause (i) all of the funds appropriated or otherwise fiscal year 2008, for an additional amount for is an example that reflects the maximum pay- made available under this section shall be used the ‘‘Neighborhood Reinvestment Corporation— ment amount of the regular required payments with respect to individuals and families whose Payment to the Neighborhood Reinvestment on the extension of credit, based on the max- income does not exceed 120 percent of area me- Corporation’’ $100,000,000, to remain available imum interest rate allowed under the contract, dian income; and until September 30, 2008, for foreclosure mitiga- in accordance with the rules of the Board. Prior (ii) not less than 25 percent of the funds ap- tion activities under the terms and conditions to issuing any rules pursuant to this clause, the propriated or otherwise made available under contained in the second undesignated para- Board shall conduct consumer testing to deter- this section shall be used for the purchase and graph (beginning with the phrase ‘‘For an addi- mine the appropriate format for providing the redevelopment of abandoned or foreclosed upon tional amount’’) under the heading ‘‘Neighbor- disclosures required under this subparagraph to homes or residential properties that will be used hood Reinvestment Corporation—Payment to consumers so that such disclosures can be easily to house individuals or families whose incomes the Neighborhood Reinvestment Corporation’’ of understood. do not exceed 50 percent of area median income. ‘‘(D) In any case in which the disclosure Public Law 110–161. (B) RECURRENT REQUIREMENT.—The Secretary statement under subparagraph (A) contains an shall, by rule or order, ensure, to the maximum SEC. 402. CREDIT COUNSELING. annual percentage rate of interest that is no extent practicable and for the longest feasible (a) IN GENERAL.—Entities approved by the longer accurate, as determined under section term, that the sale, rental, or redevelopment of Neighborhood Reinvestment Corporation or the 107(c), the creditor shall furnish an additional, abandoned and foreclosed upon homes and resi- Secretary and State housing finance entities re- corrected statement to the borrower, not later dential properties under this section remain af- ceiving funds under this title shall work to iden- than 3 business days before the date of con- fordable to individuals or families described in tify and coordinate with non-profit organiza- summation of the transaction. subparagraph (A). tions operating national or statewide toll-free ‘‘(E) The consumer shall receive the disclo- (g) PERIODIC AUDITS.—In consultation with foreclosure prevention hotlines, including those sures required under this paragraph before pay- the Secretary of Housing and Urban Develop- that— ing any fee to the creditor or other person in ment, the Comptroller General of the United (1) serve as a consumer referral source and connection with the consumer’s application for States shall conduct periodic audits to ensure data repository for borrowers experiencing some an extension of credit that is secured by the that funds appropriated, made available, or oth- form of delinquency or foreclosure; dwelling of a consumer. If the disclosures are (2) connect callers with local housing coun- erwise distributed under this section are being mailed to the consumer, the consumer is consid- seling agencies approved by the Neighborhood used in a manner consistent with the criteria ered to have received them 3 business days after Reinvestment Corporation or the Secretary to provided in this section. they are mailed. A creditor or other person may assist with working out a positive resolution to SEC. 302. NATIONWIDE DISTRIBUTION OF RE- impose a fee for obtaining the consumer’s credit their mortgage delinquency or foreclosure; or report before the consumer has received the dis- SOURCES. (3) facilitate or offer free assistance to help closures under this paragraph, provided the fee Notwithstanding any other provision of this homeowners to understand their options, nego- Act or the amendments made by this Act, each is bona fide and reasonable in amount. tiate solutions, and find the best resolution for ‘‘(F) WAIVER OF TIMELINESS OF DISCLO- State shall receive not less than 0.5 percent of their particular circumstances. funds made available under section 301 (relating SURES.—To expedite consummation of a trans- to emergency assistance for the redevelopment of TITLE V—MORTGAGE DISCLOSURE action, if the consumer determines that the ex- abandoned and foreclosed homes). IMPROVEMENT ACT tension of credit is needed to meet a bona fide SEC. 501. SHORT TITLE. personal financial emergency, the consumer may SEC. 303. LIMITATION ON USE OF FUNDS WITH RESPECT TO EMINENT DOMAIN. This title may be cited as the ‘‘Mortgage Dis- waive or modify the timing requirements for dis- No State or unit of general local government closure Improvement Act of 2008’’. closures under subparagraph (A), provided may use any amounts received pursuant to sec- SEC. 502. ENHANCED MORTGAGE LOAN DISCLO- that— ‘‘(i) the term ‘bona fide personal emergency’ tion 301 to fund any project that seeks to use SURES. may be further defined in regulations issued by the power of eminent domain, unless eminent (a) TRUTH IN LENDING ACT DISCLOSURES.— Section 128(b)(2) of the Truth in Lending Act (15 the Board; domain is employed only for a public use: Pro- ‘‘(ii) the consumer provides to the creditor a vided, That for purposes of this section, public U.S.C. 1638(b)(2)) is amended— (1) by inserting ‘‘(A)’’ before ‘‘In the’’; dated, written statement describing the emer- use shall not be construed to include economic (2) by striking ‘‘a residential mortgage trans- gency and specifically waiving or modifying development that primarily benefits private enti- action, as defined in section 103(w)’’ and insert- those timing requirements, which statement ties. ing ‘‘any extension of credit that is secured by shall bear the signature of all consumers enti- SEC. 304. COUNSELING INTERMEDIARIES. the dwelling of a consumer’’; tled to receive the disclosures required by this Notwithstanding any other provision of this (3) by striking ‘‘before the credit is extended, paragraph; and Act, the amount appropriated under section or’’; ‘‘(iii) the creditor provides to the consumers at 301(a) of this Act shall be $3,920,000,000 and the (4) by inserting ‘‘, which shall be at least 7 or before the time of such waiver or modifica- amount appropriated under section 401 of this business days before consummation of the trans- tion, the final disclosures required by paragraph Act shall be $180,000,000: Provided, That of action’’ after ‘‘written application’’; (1). amounts appropriated under such section 401 (5) by striking ‘‘, whichever is earlier’’; and ‘‘(G) The requirements of subparagraphs (B), $30,000,000 shall be used by the Neighborhood (6) by striking ‘‘If the’’ and all that follows (C), (D) and (E) shall not apply to extensions of Reinvestment Corporation (referred to in this through the end of the paragraph and inserting credit relating to plans described in section section as the ‘‘NRC’’) to make grants to coun- the following: 101(53D) of title 11, United States Code.’’.

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(b) CIVIL LIABILITY.—Section 130(a) of the ing of section 168(k)(4)) for any taxable year Stimulus Act of 2008, is amended to read as fol- Truth in Lending Act (15 U.S.C. 1640(a)) is ending during 2008 or 2009— lows: amended— ‘‘(I) subparagraph (A)(i) shall be applied by ‘‘(7) SPECIAL RULE FOR ELIGIBLE TAXPAYERS IN (1) in paragraph (2)(A)(iii), by striking ‘‘not substituting ‘4’ for ‘2’, 2008.—In the case of any taxable year of any eli- less than $200 or greater than $2,000’’ and in- ‘‘(II) subparagraph (E)(ii) shall be applied by gible taxpayer (within the meaning of section serting ‘‘not less than $400 or greater than substituting ‘3’ for ‘2’, and 168(k)(4)) beginning in 2008— $4,000’’; and ‘‘(III) subparagraph (F) shall not apply.’’. ‘‘(A) the dollar limitation under paragraph (1) (2) in the penultimate sentence of the undesig- (2) TEMPORARY SUSPENSION OF 90 PERCENT shall be $250,000, nated matter following paragraph (4)— LIMIT ON CERTAIN NOL CARRYBACKS AND ‘‘(B) the dollar limitation under paragraph (2) (A) by inserting ‘‘or section 128(b)(2)(C)(ii),’’ CARRYOVERS.— shall be $800,000, and after ‘‘128(a),’’; and (A) IN GENERAL.—Section 56(d) of the Internal ‘‘(C) the amounts described in subparagraphs (B) by inserting ‘‘or section 128(b)(2)(C)(ii)’’ Revenue Code of 1986 (relating to definition of (A) and (B) shall not be adjusted under para- before the period. alternative tax net operating loss deduction) is graph (5).’’. (c) EFFECTIVE DATES.— amended by adding at the end the following (B) EFFECTIVE DATE.—The amendment made (1) GENERAL DISCLOSURES.—Except as pro- new paragraph: by this paragraph shall take effect as if in- vided in paragraph (2), the amendments made ‘‘(3) ADDITIONAL ADJUSTMENTS.—For purposes cluded in section 102 of the Economic Stimulus by subsection (a) shall become effective 12 of paragraph (1)(A), in the case of an eligible Act of 2008. months after the date of enactment of this Act. taxpayer (within the meaning of section SEC. 602. MODIFICATIONS ON USE OF QUALIFIED (2) VARIABLE INTEREST RATES.—Subparagraph 168(k)(4)), the amount described in subclause (I) MORTGAGE BONDS; TEMPORARY IN- (C) of section 128(b)(2) of the Truth in Lending of paragraph (1)(A)(ii) shall be increased by the CREASED VOLUME CAP FOR CER- TAIN HOUSING BONDS. Act (15 U.S.C. 1638(b)(2)(C)), as added by sub- amount of the net operating loss deduction al- (a) USE OF QUALIFIED MORTGAGE BONDS PRO- section (a) of this section, shall become effective lowable for the taxable year under section 172 CEEDS FOR SUBPRIME REFINANCING LOANS.—Sec- on the earlier of— attributable to the sum of— tion 143(k) of the Internal Revenue Code of 1986 (A) the compliance date established by the ‘‘(A) carrybacks of net operating losses from (relating to other definitions and special rules) Board for such purpose, by regulation; or taxable years ending during 2008 and 2009, and is amended by adding at the end the following (B) 30 months after the date of enactment of ‘‘(B) carryovers of net operating losses to tax- new paragraph: this Act. able years ending during 2008 or 2009.’’. (B) CONFORMING AMENDMENT.—Subclause (I) ‘‘(12) SPECIAL RULES FOR SUBPRIME SEC. 503. COMMUNITY DEVELOPMENT INVEST- of section 56(d)(1)(A)(i) of such Code is amended REFINANCINGS.— MENT AUTHORITY FOR DEPOSITORY ‘‘(A) IN GENERAL.—Notwithstanding the re- INSTITUTIONS. by inserting ‘‘amount of such’’ before ‘‘deduc- tion described in clause (ii)(I)’’. quirements of subsection (i)(1), the proceeds of a (a) DEPOSITORY INSTITUTION COMMUNITY DE- qualified mortgage issue may be used to refi- VELOPMENT INVESTMENTS.— (3) EFFECTIVE DATES.— (A) NET OPERATING LOSSES.—The amendments nance a mortgage on a residence which was (1) NATIONAL BANKS.—The first sentence of originally financed by the mortgagor through a the paragraph designated as the ‘‘Eleventh’’ of made by paragraph (1) shall apply to net oper- ating losses arising in taxable years ending in qualified subprime loan. section 5136 of the Revised Statutes of the ‘‘(B) SPECIAL RULES.—In applying this para- United States (12 U.S.C. 24) (as amended by sec- 2008 or 2009. (B) SUSPENSION OF AMT LIMITATION.—The graph to any case in which the proceeds of a tion 305(a) of the Financial Services Regulatory qualified mortgage issue are used for any refi- Relief Act of 2006) is amended by striking ‘‘pro- amendments made by paragraph (2) shall apply to taxable years ending after December 31, 1997. nancing described in subparagraph (A)— motes the public welfare by benefitting pri- ‘‘(i) subsection (a)(2)(D)(i) (relating to pro- marily’’ and inserting ‘‘is designed primarily to (4) ANTI-ABUSE RULES.—The Secretary of Treasury or the Secretary’s designee shall pre- ceeds must be used within 42 months of date of promote the public welfare, including the wel- issuance) shall be applied by substituting ‘12- fare of’’. scribe such rules as are necessary to prevent the abuse of the purposes of the amendments made month period’ for ‘42-month period’ each place (2) STATE MEMBER BANKS.—The first sentence by this subsection, including anti-stuffing rules, it appears, of the 23rd paragraph of section 9 of the Federal ‘‘(ii) subsection (d) (relating to 3-year require- anti-churning rules (including rules relating to Reserve Act (12 U.S.C. 338a) is amended by ment) shall not apply, and sale-leasebacks), and rules similar to the rules striking ‘‘promotes the public welfare by benefit- ‘‘(iii) subsection (e) (relating to purchase price under section 1091 of the Internal Revenue Code ting primarily’’ and inserting ‘‘is designed pri- requirement) shall be applied by using the mar- of 1986 relating to losses from wash sales. marily to promote the public welfare, including ket value of the residence at the time of refi- (b) ELECTION AMONG STIMULUS INCENTIVES.— the welfare of’’. nancing in lieu of the acquisition cost. (1) IN GENERAL.— SEC. 504. FEDERAL HOME LOAN BANK REFI- ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term (A) BONUS DEPRECIATION.—Section 168(k) of NANCING AUTHORITY FOR CERTAIN ‘qualified subprime loan’ means an adjustable the Internal Revenue Code of 1986 (relating to RESIDENTIAL MORTGAGE LOANS. rate single-family residential mortgage loan special allowance for certain property acquired Section 10(j)(2) of the Federal Home Loan originated after December 31, 2001, and before after December 31, 2007, and before January 1, Bank Act (12 U.S.C. 1430(j)(2) is amended— January 1, 2008, that the bond issuer determines 2009), as amended by the Economic Stimulus Act (1) in subparagraph (A), by striking ‘‘or’’ at would be reasonably likely to cause financial of 2008, is amended— the end; hardship to the borrower if not refinanced. (i) in paragraph (1), by inserting ‘‘placed in (2) in subparagraph (B), by striking the period ‘‘(D) TERMINATION.—This paragraph shall not service by an eligible taxpayer’’ after ‘‘any at the end and inserting ‘‘; or’’; and apply to any bonds issued after December 31, qualified property’’, and (3) by adding at the end the following: 2010.’’. (ii) by adding at the end the following new ‘‘(C) during the 2-year period beginning on (b) INCREASED VOLUME CAP FOR CERTAIN paragraph: the date of enactment of this subparagraph, re- BONDS.— ‘‘(4) ELIGIBLE TAXPAYER.— finance loans that are secured by a first mort- (1) IN GENERAL.—Subsection (d) of section 146 ‘‘(A) IN GENERAL.—At such time and in such gage on a primary residence of any family hav- of the Internal Revenue Code of 1986 (relating to manner as the Secretary shall prescribe, each State ceiling) is amended by adding at the end ing an income at or below 80 percent of the me- taxpayer may elect to be an eligible taxpayer dian income for the area.’’. the following new paragraph: with respect to 1 (and only 1) of the following: ‘‘(5) INCREASE AND SET ASIDE FOR HOUSING TITLE VI—TAX-RELATED PROVISIONS ‘‘(i) This subsection and section 179(b)(7). BONDS FOR 2008.— SEC. 601. ELECTION FOR 4-YEAR CARRYBACK OF ‘‘(ii) The application of section ‘‘(A) INCREASE FOR 2008.—In the case of cal- CERTAIN NET OPERATING LOSSES 56(d)(1)(A)(ii)(I) and section 172(b)(1)(H)(ii) in endar year 2008, the State ceiling for each State AND TEMPORARY SUSPENSION OF 90 connection with net operating losses relating to shall be increased by an amount equal to the PERCENT AMT LIMIT. taxable years ending during 2008 and 2009. greater of— (a) IN GENERAL.— ‘‘(B) ELIGIBLE TAXPAYER.—For purposes of ‘‘(i) $10,000,000,000 multiplied by a fraction— (1) 4-YEAR CARRYBACK OF CERTAIN LOSSES.— each of the provisions described in subpara- ‘‘(I) the numerator of which is the population Subparagraph (H) of section 172(b)(1) of the In- graph (A), a taxpayer shall only be treated as of such State, and ternal Revenue Code of 1986 (relating to years to an eligible taxpayer with respect to the provi- ‘‘(II) the denominator of which is the total which loss may be carried) is amended to read sion with respect to which the taxpayer made population of all States, or as follows: the election under subparagraph (A). ‘‘(ii) the amount determined under subpara- ‘‘(H) ADDITIONAL CARRYBACK OF CERTAIN ‘‘(C) ELECTION IRREVOCABLE.—An election graph (B). LOSSES.— under subparagraph (A) may not be revoked ex- ‘‘(B) MINIMUM AMOUNT.—The amount deter- ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND cept with the consent of the Secretary.’’. mined under this subparagraph is— 2002.—In the case of a net operating loss for any (B) EFFECTIVE DATE.—The amendments made ‘‘(i) in the case of a State (other than a pos- taxable year ending during 2001 or 2002, sub- by this paragraph shall take effect as if in- session), $90,300,606, and paragraph (A)(i) shall be applied by sub- cluded in section 103 of the Economic Stimulus ‘‘(ii) in the case of a possession of the United stituting ‘5’ for ‘2’ and subparagraph (F) shall Act of 2008. States with a population less than the least pop- not apply. (2) ELECTION FOR INCREASED EXPENSING.— ulous State (other than a possession), the prod- ‘‘(ii) TAXABLE YEARS ENDING DURING 2008 AND (A) IN GENERAL.—Paragraph (7) of section uct of— 2009.—In the case of a net operating loss with re- 179(b) of the Internal Revenue Code of 1986 (re- ‘‘(I) a fraction the numerator of which is spect to any eligible taxpayer (within the mean- lating to limitations), as added by the Economic $90,300,606 and the denominator of which is

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2853 population of the least populous State (other dence during the taxable year, there shall be al- ‘‘(2) fails to occupy such residence as the tax- than a possession), and lowed as a credit against the tax imposed by this payer’s principal residence, ‘‘(II) the population of such possession. chapter an amount equal to so much of the pur- at any time within 24 months after the date on In the case of any possession of the United chase price of the residence as does not exceed which the taxpayer purchased such residence, States not described in clause (ii), the amount $7,000. then the remaining portion of the credit allowed determined under this subparagraph shall be ‘‘(2) ALLOCATION OF CREDIT AMOUNT.—The under subsection (a) shall be disallowed in the zero. amount of the credit allowed under paragraph taxable year during which such disposition oc- ‘‘(C) SET ASIDE.— (1) shall be equally divided among the 2 taxable curred or in which the taxpayer failed to occupy ‘‘(i) IN GENERAL.—Any amount of the State years beginning with the taxable year in which the residence as a principal residence, and in ceiling for any State which is attributable to an the purchase of the qualified principal residence any subsequent taxable year in which the re- increase under this paragraph shall be allocated is made. maining portion of the credit would, but for this ‘‘(b) LIMITATIONS.— solely for one or more qualified purposes. subsection, have been allowed. UALIFIED PURPOSE ‘‘(1) DATE OF PURCHASE.—The credit allowed ‘‘(ii) Q .—For purposes of ‘‘(f) SPECIAL RULES.— this paragraph, the term ‘qualified purpose’ under subsection (a) shall be allowed only with ‘‘(1) JOINT PURCHASE.— means— respect to purchases made— ‘‘(I) the issuance of exempt facility bonds used ‘‘(A) after the date of the enactment of this ‘‘(A) MARRIED INDIVIDUALS FILING SEPA- solely to provide qualified residential rental section, and RATELY.—In the case of 2 married individuals projects, or ‘‘(B) before the date that is 12 months after filing separately, subsection (a) shall be applied ‘‘(II) a qualified mortgage issue (determined such date. to each such individual by substituting ‘$3,500’ by substituting ‘12-month period’ for ‘42-month ‘‘(2) LIMITATION BASED ON AMOUNT OF TAX.— for ‘$7,000’ in paragraph (1) thereof. period’ each place it appears in section In the case of a taxable year to which section ‘‘(B) UNMARRIED INDIVIDUALS.—If 2 or more 143(a)(2)(D)(i)).’’. 26(a)(2) does not apply, the credit allowed under individuals who are not married purchase a (2) CARRYFORWARD OF UNUSED LIMITATIONS.— subsection (a) for any taxable year shall not ex- qualified principal residence, the amount of the Subsection (f) of section 146 of such Code (relat- ceed the excess of— credit allowed under subsection (a) shall be allo- ing to elective carryforward of unused limitation ‘‘(A) the sum of the regular tax liability (as cated among such individuals in such manner for specified purpose) is amended by adding at defined in section 26(b)) plus the tax imposed by as the Secretary may prescribe, except that the the end the following new paragraph: section 55, over total amount of the credits allowed to all such ‘‘(6) SPECIAL RULES FOR INCREASED VOLUME ‘‘(B) the sum of the credits allowable under individuals shall not exceed $7,000. CAP UNDER SUBSECTION (d)(5).— this subpart (other than this section and section ‘‘(2) PURCHASE; PURCHASE PRICE.—Rules simi- ‘‘(A) IN GENERAL.—No amount which is attrib- 23) for the taxable year. lar to the rules of paragraphs (2) and (3) of sec- utable to the increase under subsection (d)(5) ‘‘(3) ONE-TIME ONLY.— tion 1400C(e) (as in effect on the date of the en- may be used— ‘‘(A) IN GENERAL.—If a credit is allowed under actment of this section) shall apply for purposes ‘‘(i) for a carryforward purpose other than a this section in the case of any individual (and of this section. such individual’s spouse, if married) with re- qualified purpose (as defined in subsection ‘‘(3) REPORTING REQUIREMENT.—Rules similar (d)(5)), and spect to the purchase of any qualified principal to the rules of section 1400C(f) (as so in effect) ‘‘(ii) to issue any bond after calendar year residence, no credit shall be allowed under this shall apply for purposes of this section. section in any taxable year with respect to the 2010. ‘‘(g) BASIS ADJUSTMENT.—For purposes of this purchase of any other qualified principal resi- ‘‘(B) ORDERING RULES.—For purposes of sub- subtitle, if a credit is allowed under this section dence by such individual or a spouse of such in- paragraph (A), any carryforward of an issuing with respect to the purchase of any residence, dividual. authority’s volume cap for calendar year 2008 the basis of such residence shall be reduced by shall be treated as attributable to such increase ‘‘(B) JOINT PURCHASE.—In the case of a pur- chase of a qualified principal residence by 2 or the amount of the credit so allowed.’’. to the extent of such increase.’’. (b) CONFORMING AMENDMENTS.— (c) ALTERNATIVE MINIMUM TAX EXEMPTION more unmarried individuals or by 2 married in- (1) Section 24(b)(3)(B) of the Internal Revenue FOR QUALIFIED MORTGAGE BONDS, QUALIFIED dividuals filing separately, no credit shall be al- Code of 1986 is amended by striking ‘‘and 25B’’ VETERANS’ MORTGAGE BONDS, AND BONDS FOR lowed under this section if a credit under this and inserting ‘‘, 25B, and 25E’’. QUALIFIED RESIDENTIAL RENTAL PROJECTS.— section has been allowed to any of such individ- (1) IN GENERAL.—Clause (ii) of section uals in any taxable year with respect to the pur- (2) Section 25(e)(1)(C)(ii) of such Code is 57(a)(5)(C) of the Internal Revenue Code of 1986 chase of any other qualified principal residence. amended by inserting ‘‘25E,’’ after ‘‘25D,’’. (relating to specified private activity bonds) is ‘‘(c) QUALIFIED PRINCIPAL RESIDENCE.—For (3) Section 25B(g)(2) of such Code is amended amended by striking ‘‘shall not include’’ and all purposes of this section— by striking ‘‘section 23’’ and inserting ‘‘sections that follows and inserting ‘‘shall not include— ‘‘(1) IN GENERAL.—The term ‘qualified prin- 23 and 25E’’. ‘‘(I) any qualified 501(c)(3) bond (as defined cipal residence’ means an eligible single-family (4) Section 25D(c)(2) of such Code is amended in section 145), or residence that is purchased to be the principal by striking ‘‘and 25B’’ and inserting ‘‘25B, and ‘‘(II) any qualified mortgage bond (as defined residence of the purchaser. 25E’’. in section 143(a)), any qualified veterans’ mort- ‘‘(2) ELIGIBLE SINGLE-FAMILY RESIDENCE.— (5) Section 26(a)(1) of such Code is amended gage bond (as defined in section 143(b)), or any ‘‘(A) IN GENERAL.—The term ‘eligible single- by striking ‘‘and 25B’’ and inserting ‘‘25B, and exempt facility bond (as defined in section family residence’ means a single-family struc- 25E’’. ture that is a residence— 142(a)) issued as part of an issue 95 percent or (6) Section 904(i) of such Code is amended by ‘‘(i) upon which foreclosure has been filed more of the net proceeds of which are to be used striking ‘‘and 25B’’ and inserting ‘‘25B, and pursuant to the laws of the State in which the to provide qualified residential rental projects 25E’’. residence is located, and (as defined in section 142(d)), but only if such (7) Subsection (a) of section 1016 of such Code bond is issued after the date of the enactment of ‘‘(ii) which— ‘‘(I) is a new previously unoccupied residence is amended by striking ‘‘and’’ at the end of this subclause and before January 1, 2011. for which a building permit was issued and con- paragraph (36), by striking the period at the end Subclause (II) shall not apply to a refunding struction began on or before September 1, 2007, of paragraph (37) and inserting ‘‘, and’’, and by bond unless such subclause applied to the re- or adding at the end the following new paragraph: funded bond (or in the case of a series of ‘‘(II) was occupied as a principal residence by ‘‘(38) to the extent provided in section refundings, the original bond).’’. the mortgagor for at least 1 year prior to the 25E(g).’’. (2) CONFORMING AMENDMENT.—The heading foreclosure filing. (8) Section 1400C(d)(2) of such Code is amend- for section 57(a)(5)(C)(ii) of such Code is amend- ‘‘(B) CERTIFICATION.—In the case of an eligi- ed by striking ‘‘and 25D’’ and inserting ‘‘25D, ed by striking ‘‘QUALIFIED 501(c)(3) BONDS’’ and ble single-family residence described in subpara- and 25E’’. inserting ‘‘CERTAIN BONDS’’. graph (A)(ii)(I), no credit shall be allowed under (c) CLERICAL AMENDMENT.—The table of sec- (d) EFFECTIVE DATE.—The amendments made this section unless the purchaser submits a cer- tions for subpart A of part IV of subchapter A by this section shall apply to bonds issued after tification by the seller of such residence that of chapter 1 of the Internal Revenue Code of the date of the enactment of this Act. such residence meets the requirements of such 1986 is amended by inserting after the item relat- SEC. 603. CREDIT FOR CERTAIN HOME PUR- subparagraph. ing to section 25D the following new item: CHASES. ‘‘(3) PRINCIPAL RESIDENCE.—The term ‘prin- ‘‘Sec. 25E. Credit for certain home purchases.’’. (a) ALLOWANCE OF CREDIT.—Subpart A of cipal residence’ has the same meaning as when part IV of subchapter A of chapter 1 of the In- used in section 121. (d) EFFECTIVE DATE.—The amendments made ternal Revenue Code of 1986 (relating to non- ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No credit by this section shall apply to purchases in tax- refundable personal credits) is amended by in- shall be allowed under this section for any pur- able years ending after the date of the enact- serting after section 25D the following new sec- chase for which a credit is allowed under sec- ment of this Act. tion: tion 1400C. (e) APPLICATION OF EGTRRA SUNSET.—The ‘‘SEC. 25E. CREDIT FOR CERTAIN HOME PUR- ‘‘(e) RECAPTURE IN THE CASE OF CERTAIN DIS- amendment made by subsection (b)(1) shall be CHASES. POSITIONS.—In the event that a taxpayer— subject to title IX of the Economic Growth and ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(1) disposes of the qualified principal resi- Tax Relief Reconciliation Act of 2001 in the ‘‘(1) IN GENERAL.—In the case of an individual dence with respect to which a credit is allowed same manner as the provisions of such Act to who is a purchaser of a qualified principal resi- under subsection (a), or which such amendment relates.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2854 CONGRESSIONAL RECORD — SENATE April 10, 2008 SEC. 604. ADDITIONAL STANDARD DEDUCTION March 31, 2008, and before January 1, 2009, if a taxpayer claims a deduction for any taxable FOR REAL PROPERTY TAXES FOR shall be taken into account under subparagraph year with respect to a casualty loss to a per- NONITEMIZERS. (B)(ii) thereof, and sonal residence (within the meaning of section (a) IN GENERAL.—Section 63(c)(1) of the Inter- ‘‘(III) in the case of property which is a pas- 121 of such Code) resulting from Hurricane nal Revenue Code of 1986 (defining standard de- senger aircraft, the written binding contract Katrina, Hurricane Rita, or Hurricane Wilma duction) is amended by striking ‘‘and’’ at the limitation under subparagraph (A)(iii)(I) thereof and in a subsequent taxable year receives a end of subparagraph (A), by striking the period shall not apply. grant under Public Law 109–148, 109–234, or 110– at the end of subparagraph (B) and inserting ‘‘, ‘‘(iii) MAXIMUM AMOUNT.—The bonus depre- 116 as reimbursement for such loss, such tax- and’’, and by adding at the end the following ciation amount for any applicable taxable year payer may elect to file an amended income tax new subparagraph: shall not exceed the applicable limitation under return for the taxable year in which such de- ‘‘(C) in the case of any taxable year beginning clause (iv), reduced (but not below zero) by the duction was allowed and disallow such deduc- in 2008, the real property tax deduction.’’. bonus depreciation amount for any preceding tion. If elected, such amended return must be (b) DEFINITION.—Section 63(c) of the Internal taxable year. filed not later than the due date for filing the Revenue Code of 1986 is amended by adding at ‘‘(iv) APPLICABLE LIMITATION.—For purposes tax return for the taxable year in which the tax- the end the following new paragraph: of clause (iii), the term ‘applicable limitation’ payer receives such reimbursement or the date ‘‘(8) REAL PROPERTY TAX DEDUCTION.— means, with respect to any eligible taxpayer, the that is 4 months after the date of the enactment ‘‘(A) IN GENERAL.—For purposes of paragraph lesser of— (1), the real property tax deduction is so much of this Act, whichever is later. Any increase in ‘‘(I) $40,000,000, or of the amount of the eligible State and local real Federal income tax resulting from such dis- ‘‘(II) 10 percent of the sum of the amounts de- property taxes paid or accrued by the taxpayer allowance if such amended return is filed— termined with respect to the eligible taxpayer (1) shall be subject to interest on the under- during the taxable year which do not exceed under clauses (ii) and (iii) of subparagraph (D). paid tax for one year at the underpayment rate $500 ($1,000 in the case of a joint return). ‘‘(v) AGGREGATION RULE.—All corporations determined under section 6621(a)(2) of such ‘‘(B) ELIGIBLE STATE AND LOCAL REAL PROP- which are treated as a single employer under Code; and ERTY TAXES.—For purposes of subparagraph section 52(a) shall be treated as 1 taxpayer for (2) shall not be subject to any penalty under (A), the term ‘eligible State and local real prop- purposes of applying the limitation under this such Code. erty taxes’ means State and local real property subparagraph and determining the applicable (b) EMERGENCY DESIGNATION.—For purposes taxes (within the meaning of section 164), but limitation under clause (iv). of Senate enforcement, all provisions of this sec- only if the rate of tax for all residential real ‘‘(D) ALLOCATION OF BONUS DEPRECIATION tion are designated as emergency requirements property taxes in the jurisdiction has not been AMOUNTS.— and necessary to meet emergency needs pursu- increased at any time after April 2, 2008, and be- ‘‘(i) IN GENERAL.—Subject to clauses (ii) and ant to section 204 of S. Con. Res. 21 (110th Con- fore January 1, 2009.’’. (iii), the taxpayer shall, at such time and in gress), the concurrent resolution on the budget (c) EFFECTIVE DATE.—The amendments made such manner as the Secretary may prescribe, for fiscal year 2008. by this section shall apply to taxable years be- specify the portion (if any) of the bonus depre- ginning after December 31, 2007. SEC. 607. WAIVER OF DEADLINE ON CONSTRUC- ciation amount which is to be allocated to each TION OF GO ZONE PROPERTY ELIGI- SEC. 605. ELECTION TO ACCELERATE AMT AND R of the limitations described in subparagraph BLE FOR BONUS DEPRECIATION. AND D CREDITS IN LIEU OF BONUS (a) IN GENERAL.—Subparagraph (B) of section DEPRECIATION. (B). ‘‘(ii) BUSINESS CREDIT LIMITATION.—The por- 1400N(d)(3) of the Internal Revenue Code of 1986 (a) IN GENERAL.—Section 168(k), as amended by this Act, is amended by adding at the end the tion of the bonus depreciation amount allocated is amended to read as follows: ‘‘(B) without regard to ‘and before January 1, following new paragraph: to the limitation described in subparagraph 2009’ in clause (i) thereof,’’. ‘‘(5) ELECTION TO ACCELERATE AMT AND R AND (B)(i) shall not exceed an amount equal to the (b) EFFECTIVE DATE.—The amendment made D CREDITS IN LIEU OF BONUS DEPRECIATION.— portion of the credit allowable under section 38 by this section shall apply to property placed in ‘‘(A) IN GENERAL.—If a corporation which is for the taxable year which is allocable to busi- an eligible taxpayer (within the meaning of ness credit carryforwards to such taxable year service after December 31, 2007. (c) EMERGENCY DESIGNATION.—For purposes paragraph (4)) for purposes of this subsection which are— of Senate enforcement, all provisions of this sec- elects to have this paragraph apply— ‘‘(I) from taxable years beginning before Janu- ‘‘(i) no additional depreciation shall be al- ary 1, 2006, and tion are designated as emergency requirements lowed under paragraph (1) for any qualified ‘‘(II) properly allocable (determined under the and necessary to meet emergency needs pursu- property placed in service during any taxable rules of section 38(d)) to the research credit de- ant to section 204 of S. Con. Res. 21 (110th Con- year to which paragraph (1) would otherwise termined under section 41(a). gress), the concurrent resolution on the budget apply, and ‘‘(iii) ALTERNATIVE MINIMUM TAX CREDIT LIMI- for fiscal year 2008. ‘‘(ii) the limitations described in subparagraph TATION.—The portion of the bonus depreciation SEC. 608. TEMPORARY TAX RELIEF FOR KIOWA (B) for such taxable year shall be increased by amount allocated to the limitation described in COUNTY, KANSAS AND SUR- an aggregate amount not in excess of the bonus subparagraph (B)(ii) shall not exceed an ROUNDING AREA. (a) IN GENERAL.—The following provisions of depreciation amount for such taxable year. amount equal to the portion of the minimum tax ‘‘(B) LIMITATIONS TO BE INCREASED.—The lim- credit allowable under section 53 for the taxable or relating to the Internal Revenue Code of 1986 itations described in this subparagraph are— year which is allocable to the adjusted minimum shall apply, in addition to the areas described in ‘‘(i) the limitation under section 38(c), and tax imposed for taxable years beginning before such provisions, to an area with respect to ‘‘(ii) the limitation under section 53(c). January 1, 2006. which a major disaster has been declared by the ‘‘(C) BONUS DEPRECIATION AMOUNT.—For pur- ‘‘(E) CREDIT REFUNDABLE.—Any aggregate in- President under section 401 of the Robert T. poses of this paragraph— creases in the credits allowed under section 38 or Stafford Disaster Relief and Emergency Assist- ‘‘(i) IN GENERAL.—The bonus depreciation 53 by reason of this paragraph shall, for pur- ance Act (FEMA–1699–DR, as in effect on the amount for any applicable taxable year is an poses of this title, be treated as a credit allowed date of the enactment of this Act) by reason of amount equal to the product of 20 percent and to the taxpayer under subpart C of part IV of severe storms and tornados beginning on May 4, the excess (if any) of— subchapter A. 2007, and determined by the President to war- ‘‘(I) the aggregate amount of depreciation ‘‘(F) OTHER RULES.— rant individual or individual and public assist- which would be determined under this section ‘‘(i) ELECTION.—Any election under this para- ance from the Federal Government under such for property placed in service during the taxable graph (including any allocation under subpara- Act with respect to damages attributed to such year if no election under this paragraph were graph (D)) may be revoked only with the con- storms and tornados: made, over sent of the Secretary. (1) SUSPENSION OF CERTAIN LIMITATIONS ON ‘‘(II) the aggregate amount of depreciation al- ‘‘(ii) DEDUCTION ALLOWED IN COMPUTING MIN- PERSONAL CASUALTY LOSSES.—Section lowable under this section for property placed in IMUM TAX.—Notwithstanding this paragraph, 1400S(b)(1) of the Internal Revenue Code of service during the taxable year. paragraph (2)(G) shall apply with respect to the 1986, by substituting ‘‘May 4, 2007’’ for ‘‘August In the case of property which is a passenger air- deduction computed under this section (after 25, 2005’’. craft, the amount determined under subclause application of this paragraph) with respect to (2) EXTENSION OF REPLACEMENT PERIOD FOR (I) shall be calculated without regard to the property placed in service during any applicable NONRECOGNITION OF GAIN.—Section 405 of the written binding contract limitation under para- taxable year.’’. Katrina Emergency Tax Relief Act of 2005, by graph (2)(A)(iii)(I). (b) EFFECTIVE DATE.—The amendments made substituting ‘‘on or after May 4, 2007, by reason ‘‘(ii) ELIGIBLE QUALIFIED PROPERTY.—For by this section shall apply to property placed in of the May 4, 2007, storms and tornados’’ for purposes of clause (i), the term ‘eligible qualified service after December 31, 2007, in taxable years ‘‘on or after August 25, 2005, by reason of Hurri- property’ means qualified property under para- ending after such date. cane Katrina’’. graph (2), except that in applying paragraph (2) (3) EMPLOYEE RETENTION CREDIT FOR EMPLOY- SEC. 606. USE OF AMENDED INCOME TAX RE- for purposes of this clause— TURNS TO TAKE INTO ACCOUNT RE- ERS AFFECTED BY MAY 4 STORMS AND TOR- ‘‘(I) ‘March 31, 2008’ shall be substituted for CEIPT OF CERTAIN HURRICANE-RE- NADOS.—Section 1400R(a) of the Internal Rev- ‘December 31, 2007’ each place it appears in sub- LATED CASUALTY LOSS GRANTS BY enue Code of 1986— paragraph (A) and clauses (i) and (ii) of sub- DISALLOWING PREVIOUSLY TAKEN (A) by substituting ‘‘May 4, 2007’’ for ‘‘August paragraph (E) thereof, CASUALTY LOSS DEDUCTIONS. 28, 2005’’ each place it appears, ‘‘(II) only adjusted basis attributable to man- (a) IN GENERAL.—Notwithstanding any other (B) by substituting ‘‘January 1, 2008’’ for ufacture, construction, or production after provision of the Internal Revenue Code of 1986, ‘‘January 1, 2006’’ both places it appears, and

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2855 (C) only with respect to eligible employers who (G) by substituting ‘‘December 31, 2007’’ for for taxable REIT subsidiaries) is amended to employed an average of not more than 200 em- ‘‘December 31, 2006’’ in subsection (c)(2)(A), read as follows: ployees on business days during the taxable (H) by substituting ‘‘beginning on June 4, ‘‘(B) EXCEPTION FOR CERTAIN LODGING FACILI- year before May 4, 2007. 2007, and ending on December 31, 2007’’ for ‘‘be- TIES AND HEALTH CARE PROPERTY.—The require- (4) SPECIAL ALLOWANCE FOR CERTAIN PROP- ginning on September 24, 2005, and ending on ments of this subparagraph are met with respect ERTY ACQUIRED ON OR AFTER MAY 5, 2007.—Sec- December 31, 2006’’ in subsection (c)(4)(A)(i), to an interest in real property which is a quali- tion 1400N(d) of such Code— (I) by substituting ‘‘May 4, 2007’’ for ‘‘August fied lodging facility (as defined in paragraph (A) by substituting ‘‘qualified Recovery As- 25, 2005’’ in subsection (c)(4)(A)(ii), and (9)(D)) or a qualified health care property (as sistance property’’ for ‘‘qualified Gulf Oppor- (J) by substituting ‘‘January 1, 2008’’ for defined in subsection (e)(6)(D)(i)) leased by the tunity Zone property’’ each place it appears, ‘‘January 1, 2007’’ in subsection (d)(2)(A)(ii). trust to a taxable REIT subsidiary of the trust (B) by substituting ‘‘May 5, 2007’’ for ‘‘August (b) EMERGENCY DESIGNATION.—For purposes if the property is operated on behalf of such 28, 2005’’ each place it appears, of Senate enforcement, all provisions of this sec- subsidiary by a person who is an eligible inde- (C) by substituting ‘‘December 31, 2008’’ for tion are designated as emergency requirements pendent contractor. For purposes of this section, ‘‘December 31, 2007’’ in paragraph (2)(A)(v), and necessary to meet emergency needs pursu- a taxable REIT subsidiary is not considered to (D) by substituting ‘‘December 31, 2009’’ for ant to section 204 of S. Con. Res. 21 (110th Con- be operating or managing a qualified health ‘‘December 31, 2008’’ in paragraph (2)(A)(v), gress), the concurrent resolution on the budget care property or qualified lodging facility solely (E) by substituting ‘‘May 4, 2007’’ for ‘‘August for fiscal year 2008. because it— 27, 2005’’ in paragraph (3)(A), TITLE VII—EMERGENCY DESIGNATION ‘‘(i) directly or indirectly possesses a license, (F) by substituting ‘‘January 1, 2009’’ for SEC. 701. EMERGENCY DESIGNATION. permit, or similar instrument enabling it to do ‘‘January 1, 2008’’ in paragraph (3)(B), and For purposes of Senate enforcement, all provi- so, or (G) determined without regard to paragraph sions of this Act are designated as emergency re- ‘‘(ii) employs individuals working at such (6) thereof. quirements and necessary to meet emergency property or facility located outside the United (5) INCREASE IN EXPENSING UNDER SECTION needs pursuant to section 204 of S. Con. Res. 21 States, but only if an eligible independent con- 179.—Section 1400N(e) of such Code, by sub- tractor is responsible for the daily supervision stituting ‘‘qualified section 179 Recovery Assist- (110th Congress), the concurrent resolution on the budget for fiscal year 2008. and direction of such individuals on behalf of ance property’’ for ‘‘qualified section 179 Gulf the taxable REIT subsidiary pursuant to a man- Opportunity Zone property’’ each place it ap- TITLE VIII—REIT INVESTMENT DIVERSIFICATION AND EMPOWERMENT agement agreement or similar service contract.’’. pears. (b) ELIGIBLE INDEPENDENT CONTRACTOR.— (6) EXPENSING FOR CERTAIN DEMOLITION AND SEC. 801. SHORT TITLE; AMENDMENT OF 1986 Subparagraphs (A) and (B) of section 856(d)(9) CLEAN-UP COSTS.—Section 1400N(f) of such CODE. (relating to eligible independent contractor) are (a) SHORT TITLE.—This title may be cited as Code— amended to read as follows: (A) by substituting ‘‘qualified Recovery As- the ‘‘REIT Investment Diversification and Em- ‘‘(A) IN GENERAL.—The term ‘eligible inde- sistance clean-up cost’’ for ‘‘qualified Gulf Op- powerment Act of 2008’’. pendent contractor’ means, with respect to any (b) AMENDMENT OF 1986 CODE.—Except as oth- portunity Zone clean-up cost’’ each place it ap- qualified lodging facility or qualified health erwise expressly provided, whenever in this title pears, and care property (as defined in subsection an amendment or repeal is expressed in terms of (B) by substituting ‘‘beginning on May 4, (e)(6)(D)(i)), any independent contractor if, at an amendment to, or repeal of, a section or 2007, and ending on December 31, 2009’’ for ‘‘be- the time such contractor enters into a manage- other provision, the reference shall be consid- ginning on August 28, 2005, and ending on De- ment agreement or other similar service contract ered to be made to a section or other provision cember 31, 2007’’ in paragraph (2) thereof. with the taxable REIT subsidiary to operate (7) TREATMENT OF PUBLIC UTILITY PROPERTY of the Internal Revenue Code of 1986. such qualified lodging facility or qualified DISASTER LOSSES.—Section 1400N(o) of such Subtitle A—Taxable REIT Subsidiaries health care property, such contractor (or any Code. SEC. 811. CONFORMING TAXABLE REIT SUB- related person) is actively engaged in the trade (8) TREATMENT OF NET OPERATING LOSSES AT- SIDIARY ASSET TEST. or business of operating qualified lodging facili- TRIBUTABLE TO STORM LOSSES.—Section 1400N(k) Section 856(c)(4)(B)(ii) is amended by striking ties or qualified health care properties, respec- of such Code— ‘‘20 percent’’ and inserting ‘‘25 percent’’. (A) by substituting ‘‘qualified Recovery As- tively, for any person who is not a related per- Subtitle B—Dealer Sales sistance loss’’ for ‘‘qualified Gulf Opportunity son with respect to the real estate investment Zone loss’’ each place it appears, SEC. 821. HOLDING PERIOD UNDER SAFE HAR- trust or the taxable REIT subsidiary. ‘‘(B) SPECIAL RULES.—Solely for purposes of (B) by substituting ‘‘after May 3, 2007, and BOR. this paragraph and paragraph (8)(B), a person before on January 1, 2010’’ for ‘‘after August 27, Section 857(b)(6) (relating to income from pro- shall not fail to be treated as an independent 2005, and before January 1, 2008’’ each place it hibited transactions) is amended— (1) by striking ‘‘4 years’’ in subparagraphs contractor with respect to any qualified lodging appears, (C) by substituting ‘‘May 4, 2007’’ for ‘‘August (C)(i), (C)(iv), and (D)(i) and inserting ‘‘2 facility or qualified health care property (as so 28, 2005’’ in paragraph (2)(B)(ii)(I) thereof, years’’, defined) by reason of the following: (D) by substituting ‘‘qualified Recovery As- (2) by striking ‘‘4-year period’’ in subpara- ‘‘(i) The taxable REIT subsidiary bears the ex- sistance property’’ for ‘‘qualified Gulf Oppor- graphs (C)(ii), (D)(ii), and (D)(iii) and inserting penses for the operation of such qualified lodg- tunity Zone property’’ in paragraph (2)(B)(iv) ‘‘2-year period’’, and ing facility or qualified health care property (3) by striking ‘‘real estate asset’’and all that thereof, and pursuant to the management agreement or other (E) by substituting ‘‘qualified Recovery Assist- follows through ‘‘if’’ in the matter preceding similar service contract. ‘‘(ii) The taxable REIT subsidiary receives the ance casualty loss’’ for ‘‘qualified Gulf Oppor- clause (i) of subparagraphs (C) and (D), respec- revenues from the operation of such qualified tunity Zone casualty loss’’ each place it ap- tively, and inserting ‘‘real estate asset (as de- lodging facility or qualified health care prop- pears. fined in section 856(c)(5)(B)) and which is de- erty, net of expenses for such operation and fees (9) TREATMENT OF REPRESENTATIONS REGARD- scribed in section 1221(a)(1) if’’. payable to the operator pursuant to such agree- ING INCOME ELIGIBILITY FOR PURPOSES OF QUALI- SEC. 822. DETERMINING VALUE OF SALES UNDER SAFE HARBOR. ment or contract. FIED RENTAL PROJECT REQUIREMENTS.—Section ‘‘(iii) The real estate investment trust receives 1400N(n) of such Code. Section 857(b)(6) is amended— (1) by striking the semicolon at the end of sub- income from such person with respect to another (10) SPECIAL RULES FOR USE OF RETIREMENT paragraph (C)(iii) and inserting ‘‘, or (III) the property that is attributable to a lease of such FUNDS.—Section 1400Q of such Code— (A) by substituting ‘‘qualified Recovery As- fair market value of property (other than sales other property to such person that was in effect sistance distribution’’ for ‘‘qualified hurricane of foreclosure property or sales to which section as of the later of— distribution’’ each place it appears, 1033 applies) sold during the taxable year does ‘‘(I) January 1, 1999, or (B) by substituting ‘‘on or after May 4, 2007, not exceed 10 percent of the fair market value of ‘‘(II) the earliest date that any taxable REIT and before January 1, 2009’’ for ‘‘on or after Au- all of the assets of the trust as of the beginning subsidiary of such trust entered into a manage- gust 25, 2005, and before January 1, 2007’’ in of the taxable year;’’, and ment agreement or other similar service contract subsection (a)(4)(A)(i), (2) by adding ‘‘or’’ at the end of subclause (II) with such person with respect to such qualified (C) by substituting ‘‘qualified storm distribu- of subparagraph (D)(iv) and by adding at the lodging facility or qualified health care prop- tion’’ for ‘‘qualified Katrina distribution’’ each end of such subparagraph the following new erty.’’. AXABLE REIT SUBSIDIARIES.—The last place it appears, subclause: (c) T (D) by substituting ‘‘after November 4, 2006, ‘‘(III) the fair market value of property (other sentence of section 856(l)(3) is amended— (1) by inserting ‘‘or a health care facility’’ and before May 5, 2007’’ for ‘‘after February 28, than sales of foreclosure property or sales to after ‘‘a lodging facility’’, and 2005, and before August 29, 2005’’ in subsection which section 1033 applies) sold during the tax- (2) by inserting ‘‘or health care facility’’ after (b)(2)(B)(ii), able year does not exceed 10 percent of the fair ‘‘such lodging facility’’. (E) by substituting ‘‘beginning on May 4, market value of all of the assets of the trust as 2007, and ending on November 5, 2007’’ for ‘‘be- of the beginning of the taxable year,’’. Subtitle D—Effective Dates and Sunset ginning on August 25, 2005, and ending on Feb- Subtitle C—Health Care REITs SEC. 841. EFFECTIVE DATES AND SUNSET. ruary 28, 2006’’ in subsection (b)(3)(A), SEC. 831. CONFORMITY FOR HEALTH CARE FA- (a) IN GENERAL.—Except as otherwise pro- (F) by substituting ‘‘qualified storm indi- CILITIES. vided in this section, the amendments made by vidual’’ for ‘‘qualified Hurricane Katrina indi- (a) RELATED PARTY RENTALS.—Subparagraph this title shall apply to taxable years beginning vidual’’ each place it appears, (B) of section 856(d)(8) (relating to special rule after the date of the enactment of this Act.

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(b) REIT INCOME TESTS.— Forces described in subsection (a) who is simi- (C) in subsection (e), by striking ‘‘an eligible (1) The amendment made by section 801(a) larly situated to the veteran or other eligible in- veteran’’ and inserting ‘‘an individual’’; and (b) shall apply to gains and items of income dividual so referred to. (D) in subsection (h), by striking ‘‘each vet- recognized after the date of the enactment of ‘‘(b) BENEFITS AND ASSISTANCE FOR INDIVID- eran’’ and inserting ‘‘each individual’’; this Act. UALS RESIDING OUTSIDE THE UNITED STATES.— (E) in subsection (i), by striking ‘‘the vet- (2) The amendment made by section 801(c) (1) Subject to paragraph (2), the Secretary may, eran’s’’ each place it appears and inserting ‘‘the shall apply to transactions entered into after at the Secretary’s discretion, provide benefits individual’s’’; the date of the enactment of this Act. and assistance under this chapter (other than (F) by striking ‘‘the veteran’’ each place it ap- (3) The amendment made by section 801(d) benefits under section 2106 of this title) to any pears and inserting ‘‘the individual’’; and shall apply after the date of the enactment of individual otherwise eligible for such benefits (G) by striking ‘‘a veteran’’ each place it ap- this Act. and assistance who resides outside the United pears and inserting ‘‘an individual’’. (c) CONFORMING FOREIGN CURRENCY REVI- States. (7) HEADING AMENDMENTS.—(A) The heading SIONS.— ‘‘(2) The Secretary may provide benefits and of section 2101 of such title is amended to read (1) The amendment made by section 803(a) assistance to an individual under paragraph (1) as follows: shall apply to gains recognized after the date of only if— ‘‘§ 2101. Acquisition and adaptation of hous- the enactment of this Act. ‘‘(A) the country or political subdivision in ing: eligible veterans’’. (2) The amendment made by section 803(b) which the housing or residence involved is or (B) The heading of section 2102A of such title shall apply to gains and deductions recognized will be located permits the individual to have or is amended to read as follows: after the date of the enactment of this Act. acquire a beneficial property interest (as deter- ‘‘§ 2102A. Assistance for individuals residing (d) DEALER SALES.—The amendments made by mined by the Secretary) in such housing or resi- temporarily in housing owned by a family subtitle C shall apply to sales made after the dence; and member’’. date of the enactment of this Act. ‘‘(B) the individual has or will acquire a bene- (8) CLERICAL AMENDMENTS.—The table of sec- (e) SUNSET.—All amendments made by this ficial property interest (as so determined) in tions at the beginning of chapter 21 of such title title shall not apply to taxable years beginning such housing or residence. after the date which is 5 years after the date of is amended— ‘‘(c) REGULATIONS.—Benefits and assistance (A) by striking the item relating to section the enactment of this Act. The Internal Revenue under this chapter by reason of this section 2101 and inserting the following new item: Code of 1986 shall be applied and administered shall be provided in accordance with such regu- to taxable years described in the preceding sen- ‘‘2101. Acquisition and adaptation of housing: lations as the Secretary may prescribe.’’. eligible veterans.’’; tence as if the amendments so described had (b) CONFORMING AMENDMENTS.— never been enacted. (1) REPEAL OF SUPERSEDED AUTHORITY.—Sec- (B) by inserting after the item relating to sec- TITLE IX—VETERANS HOUSING MATTERS tion 2101 of such title is amended— tion 2101, as so amended, the following new item: SEC. 901. HOME IMPROVEMENTS AND STRUC- (A) by striking subsection (c); and TURAL ALTERATIONS FOR TOTALLY (B) by redesignating subsection (d) as sub- ‘‘2101A. Eligibility for benefits and assistance: DISABLED MEMBERS OF THE ARMED section (c). members of the Armed Forces with FORCES BEFORE DISCHARGE OR RE- (2) LIMITATIONS ON ASSISTANCE.—Section 2102 service-connected disabilities; in- LEASE FROM THE ARMED FORCES. of such title is amended— dividuals residing outside the Section 1717 of title 38, United States Code, is (A) in subsection (a)— United States.’’; amended by adding at the end the following (i) by striking ‘‘veteran’’ each place it appears and new subsection: and inserting ‘‘individual’’; and (C) by striking the item relating to section ‘‘(d)(1) In the case of a member of the Armed (ii) in paragraph (3), by striking ‘‘veteran’s’’ 2102A and inserting the following new item: Forces who, as determined by the Secretary, has and inserting ‘‘individual’s’’; ‘‘2102A. Assistance for individuals residing tem- a disability permanent in nature incurred or ag- (B) in subsection (b)(1), by striking ‘‘a vet- porarily in housing owned by a gravated in the line of duty in the active mili- eran’’ and inserting ‘‘an individual’’; family member.’’. tary, naval, or air service, the Secretary may (C) in subsection (c)— SEC. 903. SPECIALLY ADAPTED HOUSING ASSIST- furnish improvements and structural alterations (i) by striking ‘‘a veteran’’ and inserting ‘‘an ANCE FOR INDIVIDUALS WITH SE- for such member for such disability or as other- individual’’; and VERE BURN INJURIES. wise described in subsection (a)(2) while such (ii) by striking ‘‘the veteran’’ each place it ap- Section 2101 of title 38, United States Code, is member is hospitalized or receiving outpatient pears and inserting ‘‘the individual’’; and amended— medical care, services, or treatment for such dis- (D) in subsection (d), by striking ‘‘a veteran’’ (1) in subsection (a)(2), by adding at the end ability if the Secretary determines that such each place it appears and inserting ‘‘an indi- the following new subparagraph: member is likely to be discharged or released vidual’’. ‘‘(E) The disability is due to a severe burn in- from the Armed Forces for such disability. (3) ASSISTANCE FOR INDIVIDUALS TEMPORARILY jury (as determined pursuant to regulations pre- ‘‘(2) The furnishing of improvements and al- RESIDING IN HOUSING OF FAMILY MEMBER.—Sec- scribed by the Secretary).’’; and terations under paragraph (1) in connection tion 2102A of such title is amended— (2) in subsection (b)(2)— with the furnishing of medical services described (A) by striking ‘‘veteran’’ each place it ap- (A) by striking ‘‘either’’ and inserting ‘‘any’’; in subparagraph (A) or (B) of subsection (a)(2) pears (other than in subsection (b)) and insert- and shall be subject to the limitation specified in the ing ‘‘individual’’; (B) by adding at the end the following new applicable subparagraph.’’. (B) in subsection (a), by striking ‘‘veteran’s’’ subparagraph: ‘‘(C) The disability is due to a severe burn in- SEC. 902. ELIGIBILITY FOR SPECIALLY ADAPTED each place it appears and inserting ‘‘individ- HOUSING BENEFITS AND ASSIST- ual’s’’; and jury (as so determined).’’. ANCE FOR MEMBERS OF THE ARMED (C) in subsection (b), by striking ‘‘a veteran’’ SEC. 904. EXTENSION OF ASSISTANCE FOR INDI- FORCES WITH SERVICE-CONNECTED each place it appears and inserting ‘‘an indi- VIDUALS RESIDING TEMPORARILY DISABILITIES AND INDIVIDUALS RE- vidual’’. IN HOUSING OWNED BY A FAMILY SIDING OUTSIDE THE UNITED MEMBER. (4) FURNISHING OF PLANS AND SPECIFICA- STATES. Section 2102A(e) of title 38, United States TIONS.—Section 2103 of such title is amended by (a) ELIGIBILITY.—Chapter 21 of title 38, Code, is amended by striking ‘‘after the end of striking ‘‘veterans’’ both places it appears and United States Code, is amended by inserting the five-year period that begins on the date of inserting ‘‘individuals’’. after section 2101 the following new section: the enactment of the Veterans’ Housing Oppor- (5) CONSTRUCTION OF BENEFITS.—Section 2104 tunity and Benefits Improvement Act of 2006’’ ‘‘§ 2101A. Eligibility for benefits and assist- of such title is amended— and inserting ‘‘after December 31, 2011’’. ance: members of the Armed Forces with (A) in subsection (a), by striking ‘‘veteran’’ service-connected disabilities; individuals each place it appears and inserting ‘‘indi- SEC. 905. INCREASE IN SPECIALLY ADAPTED residing outside the United States HOUSING BENEFITS FOR DISABLED vidual’’; and VETERANS. ‘‘(a) MEMBERS WITH SERVICE-CONNECTED DIS- (B) in subsection (b)— (a) IN GENERAL.—Section 2102 of title 38, ABILITIES.—(1) The Secretary may provide as- (i) in the first sentence, by striking ‘‘A vet- United States Code, is amended— sistance under this chapter to a member of the eran’’ and inserting ‘‘An individual’’; (1) in subsection (b)(2), by striking ‘‘$10,000’’ Armed Forces serving on active duty who is suf- (ii) in the second sentence, by striking ‘‘a vet- and inserting ‘‘$12,000’’; fering from a disability that meets applicable eran’’ and inserting ‘‘an individual’’; and (2) in subsection (d)— criteria for benefits under this chapter if the dis- (iii) by striking ‘‘such veteran’’ each place it (A) in paragraph (1), by striking ‘‘$50,000’’ ability is incurred or aggravated in line of duty appears and inserting ‘‘such individual’’. and inserting ‘‘$60,000’’; and in the active military, naval, or air service. Such (6) VETERANS’ MORTGAGE LIFE INSURANCE.— (B) in paragraph (2), by striking ‘‘$10,000’’ assistance shall be provided to the same extent Section 2106 of such title is amended— and inserting ‘‘$12,000’’; and as assistance is provided under this chapter to (A) in subsection (a)— (3) by adding at the end the following new veterans eligible for assistance under this chap- (i) by striking ‘‘any eligible veteran’’ and in- subsection: ter and subject to the same requirements as vet- serting ‘‘any eligible individual’’; and ‘‘(e)(1) Effective on October 1 of each year (be- erans under this chapter. (ii) by striking ‘‘the veterans’’’ and inserting ginning in 2009), the Secretary shall increase the ‘‘(2) For purposes of this chapter, any ref- ‘‘the individual’s’’; amounts described in subsection (b)(2) and para- erence to a veteran or eligible individual shall be (B) in subsection (b), by striking ‘‘an eligible graphs (1) and (2) of subsection (d) in accord- treated as a reference to a member of the Armed veteran’’ and inserting ‘‘an eligible individual’’; ance with this subsection.

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‘‘(2) The increase in amounts under para- SEC. 909. PAYMENT OF TRANSPORTATION OF ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE graph (1) to take effect on October 1 of a year BAGGAGE AND HOUSEHOLD EF- ENERGY FACILITIES.—In the case of a facility shall be by an amount of such amounts equal to FECTS FOR MEMBERS OF THE producing electricity from marine and the percentage by which— ARMED FORCES WHO RELOCATE DUE hydrokinetic renewable energy, the term ‘quali- TO FORECLOSURE OF LEASED HOUS- ‘‘(A) the residential home cost-of-construction ING. fied facility’ means any facility owned by the index for the preceding calendar year, exceeds Section 406 of title 37, United States Code, is taxpayer— ‘‘(B) the residential home cost-of-construction amended— ‘‘(A) which has a nameplate capacity rating index for the year preceding the year described (1) by redesignating subsections (k) and (l) as of at least 150 kilowatts, and in subparagraph (A). subsections (l) and (m), respectively; and ‘‘(B) which is originally placed in service on (2) by inserting after subsection (j) the fol- or after the date of the enactment of this para- ‘‘(3) The Secretary shall establish a residential graph and before January 1, 2010.’’. home cost-of-construction index for the purposes lowing new subsection (k): (4) CREDIT RATE.—Subparagraph (A) of sec- of this subsection. The index shall reflect a uni- ‘‘(k) A member of the armed forces who relo- cates from leased or rental housing by reason of tion 45(b)(4) is amended by striking ‘‘or (9)’’ and form, national average change in the cost of res- inserting ‘‘(9), or (11)’’. idential home construction, determined on a cal- the foreclosure of such housing is entitled to transportation of baggage and household effects (5) COORDINATION WITH SMALL IRRIGATION endar year basis. The Secretary may use an POWER.—Paragraph (5) of section 45(d), as index developed in the private sector that the under subsection (b)(1) in the same manner, and subject to the same conditions and limitations, amended by subsection (a), is amended by strik- Secretary determines is appropriate for purposes ing ‘‘January 1, 2010’’ and inserting ‘‘the date of this subsection.’’. as similarly circumstanced members entitled to transportation of baggage and household effects of the enactment of paragraph (11)’’. (b) EFFECTIVE DATE.—The amendments made under that subsection.’’. (c) SALES OF ELECTRICITY TO REGULATED PUB- by this section shall take effect on July 1, 2008, LIC UTILITIES TREATED AS SALES TO UNRELATED TITLE X—CLEAN ENERGY TAX STIMULUS and shall apply with respect to payments made PERSONS.—Section 45(e)(4) (relating to related in accordance with section 2102 of title 38, SEC. 1001. SHORT TITLE; ETC. persons) is amended by adding at the end the United States Code, on or after that date. (a) SHORT TITLE.—This title may be cited as following new sentence: ‘‘A taxpayer shall be the ‘‘Clean Energy Tax Stimulus Act of 2008’’. SEC. 906. REPORT ON SPECIALLY ADAPTED HOUS- treated as selling electricity to an unrelated per- (b) AMENDMENT OF 1986 CODE.—Except as oth- ING FOR DISABLED INDIVIDUALS. son if such electricity is sold to a regulated pub- erwise expressly provided, whenever in this title lic utility (as defined in section 7701(a)(33).’’. (a) IN GENERAL.—Not later than December 31, an amendment or repeal is expressed in terms of 2008, the Secretary of Veterans Affairs shall (d) TRASH FACILITY CLARIFICATION.—Para- an amendment to, or repeal of, a section or graph (7) of section 45(d) is amended— submit to the Committee on Veterans’ Affairs of other provision, the reference shall be consid- the Senate and the Committee on Veterans’ Af- (1) by striking ‘‘facility which burns’’ and in- ered to be made to a section or other provision serting ‘‘facility (other than a facility described fairs of the House of Representatives a report of the Internal Revenue Code of 1986. that contains an assessment of the adequacy of in paragraph (6)) which uses’’, and Subtitle A—Extension of Clean Energy the authorities available to the Secretary under (2) by striking ‘‘COMBUSTION’’. Production Incentives (e) EFFECTIVE DATES.— law to assist eligible disabled individuals in ac- (1) EXTENSION.—The amendments made by quiring— SEC. 1011. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY PRODUCTION subsection (a) shall apply to property originally (1) suitable housing units with special fixtures TAX CREDIT. placed in service after December 31, 2008. or movable facilities required for their disabil- (a) EXTENSION OF CREDIT.—Each of the fol- (2) MODIFICATIONS.—The amendments made ities, and necessary land therefor; lowing provisions of section 45(d) (relating to by subsections (b) and (c) shall apply to elec- (2) such adaptations to their residences as are qualified facilities) is amended by striking ‘‘Jan- tricity produced and sold after the date of the reasonably necessary because of their disabil- uary 1, 2009’’ and inserting ‘‘January 1, 2010’’: enactment of this Act, in taxable years ending ities; and (1) Paragraph (1). after such date. (3) residences already adapted with special (2) Clauses (i) and (ii) of paragraph (2)(A). (3) TRASH FACILITY CLARIFICATION.—The features determined by the Secretary to be rea- (3) Clauses (i)(I) and (ii) of paragraph (3)(A). amendments made by subsection (d) shall apply sonably necessary as a result of their disabil- (4) Paragraph (4). to electricity produced and sold before, on, or ities. (5) Paragraph (5). after December 31, 2007. (6) Paragraph (6). (b) FOCUS ON PARTICULAR DISABILITIES.—The (7) Paragraph (7). SEC. 1012. EXTENSION AND MODIFICATION OF report required by subsection (a) shall set forth SOLAR ENERGY AND FUEL CELL IN- (8) Paragraph (8). VESTMENT TAX CREDIT. a specific assessment of the needs of— (9) Subparagraphs (A) and (B) of paragraph (a) EXTENSION OF CREDIT.— (1) veterans who have disabilities that are not (9). (1) SOLAR ENERGY PROPERTY.—Paragraphs described in subsections (a)(2) and (b)(2) of sec- (b) PRODUCTION CREDIT FOR ELECTRICITY (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (relat- tion 2101 of title 38, United States Code; and PRODUCED FROM MARINE RENEWABLES.— ing to energy credit) are each amended by strik- (2) other disabled individuals eligible for spe- (1) IN GENERAL.—Paragraph (1) of section 45(c) (relating to resources) is amended by strik- ing ‘‘January 1, 2009’’ and inserting ‘‘January cially adapted housing under chapter 21 of such 1, 2017’’. title by reason of section 2101A of such title (as ing ‘‘and’’ at the end of subparagraph (G), by (2) FUEL CELL PROPERTY.—Subparagraph (E) striking the period at the end of subparagraph added by section 802(a) of this Act) who have of section 48(c)(1) (relating to qualified fuel cell (H) and inserting ‘‘, and’’, and by adding at the disabilities that are not described in such sub- property) is amended by striking ‘‘December 31, sections. end the following new subparagraph: ‘‘(I) marine and hydrokinetic renewable en- 2008’’ and inserting ‘‘December 31, 2017’’. SEC. 907. REPORT ON SPECIALLY ADAPTED HOUS- ergy.’’. (3) QUALIFIED MICROTURBINE PROPERTY.— ING ASSISTANCE FOR INDIVIDUALS Subparagraph (E) of section 48(c)(2) (relating to WHO RESIDE IN HOUSING OWNED BY (2) MARINE RENEWABLES.—Subsection (c) of section 45 is amended by adding at the end the qualified microturbine property) is amended by A FAMILY MEMBER ON PERMANENT striking ‘‘December 31, 2008’’ and inserting ‘‘De- BASIS. following new paragraph: ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE cember 31, 2017’’. Not later than December 31, 2008, the Sec- (b) ALLOWANCE OF ENERGY CREDIT AGAINST retary of Veterans Affairs shall submit to the ENERGY.— ‘‘(A) IN GENERAL.—The term ‘marine and ALTERNATIVE MINIMUM TAX.—Subparagraph Committee on Veterans’ Affairs of the Senate hydrokinetic renewable energy’ means energy (B) of section 38(c)(4) (relating to specified cred- and the Committee on Veterans’ Affairs of the derived from— its) is amended by striking ‘‘and’’ at the end of House of Representatives a report on the advis- ‘‘(i) waves, tides, and currents in oceans, estu- clause (iii), by striking the period at the end of ability of providing assistance under section aries, and tidal areas, clause (iv) and inserting ‘‘, and’’, and by adding 2102A of title 38, United States Code, to veterans ‘‘(ii) free flowing water in rivers, lakes, and at the end the following new clause: described in subsection (a) of such section, and streams, ‘‘(v) the credit determined under section 46 to to members of the Armed Forces covered by such ‘‘(iii) free flowing water in an irrigation sys- the extent that such credit is attributable to the section 2102A by reason of section 2101A of title tem, , or other man-made channel, includ- energy credit determined under section 48.’’. 38, United States Code (as added by section ing projects that utilize nonmechanical struc- (c) REPEAL OF DOLLAR PER KILOWATT LIMITA- 802(a) of this Act), who reside with family mem- tures to accelerate the flow of water for electric TION FOR FUEL CELL PROPERTY.— bers on a permanent basis. power production purposes, or (1) IN GENERAL.—Section 48(c)(1) (relating to SEC. 908. DEFINITION OF ANNUAL INCOME FOR ‘‘(iv) differentials in ocean temperature (ocean qualified fuel cell), as amended by subsection PURPOSES OF SECTION 8 AND thermal energy conversion). (a)(2), is amended by striking subparagraph (B) OTHER PUBLIC HOUSING PRO- ‘‘(B) EXCEPTIONS.—Such term shall not in- and by redesignating subparagraphs (C), (D), GRAMS. clude any energy which is derived from any and (E) as subparagraphs (B), (C), and (D), re- Section 3(b)(4) of the United States Housing source which utilizes a dam, diversionary struc- spectively. Act of 1937 (42 U.S.C. 1437a(3)(b)(4)) is amended ture (except as provided in subparagraph (2) CONFORMING AMENDMENT.—Section by inserting ‘‘or any deferred Department of (A)(iii)), or impoundment for electric power pro- 48(a)(1) is amended by striking ‘‘paragraphs Veterans Affairs disability benefits that are re- duction purposes.’’. (1)(B) and (2)(B) of subsection (c)’’ and insert- ceived in a lump sum amount or in prospective (3) DEFINITION OF FACILITY.—Subsection (d) of ing ‘‘subsection (c)(2)(B)’’. monthly amounts’’ before ‘‘may not be consid- section 45 is amended by adding at the end the (d) PUBLIC ELECTRIC UTILITY PROPERTY ered’’. following new paragraph: TAKEN INTO ACCOUNT.—

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(1) IN GENERAL.—Paragraph (3) of section added to the credit allowable under subsection (2) EFFECTIVE DATE.—The amendment made 48(a) is amended by striking the second sentence (a) for such succeeding taxable year.’’. by this subsection shall take effect as if included thereof. (2) CONFORMING AMENDMENTS.— in the amendments made by section 909 of the (2) CONFORMING AMENDMENTS.— (A) Section 23(b)(4)(B) is amended by inserting American Jobs Creation Act of 2004. (A) Paragraph (1) of section 48(c), as amended ‘‘and section 25D’’ after ‘‘this section’’. Subtitle B—Extension of Incentives to Improve by this section, is amended by striking subpara- (B) Section 24(b)(3)(B) is amended by striking Energy Efficiency graph (C) and redesignating subparagraph (D) ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. (C) Section 25B(g)(2) is amended by striking SEC. 1021. EXTENSION AND MODIFICATION OF as subparagraph (C). CREDIT FOR ENERGY EFFICIENCY (B) Paragraph (2) of section 48(c), as amended ‘‘section 23’’ and inserting ‘‘sections 23 and IMPROVEMENTS TO EXISTING by subsection (a)(3), is amended by striking sub- 25D’’. HOMES. paragraph (D) and redesignating subparagraph (D) Section 26(a)(1) is amended by striking (a) EXTENSION OF CREDIT.—Section 25C(g) (re- (E) as subparagraph (D). ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. lating to termination) is amended by striking (e) EFFECTIVE DATES.— (d) EFFECTIVE DATE.— ‘‘December 31, 2007’’ and inserting ‘‘December (1) EXTENSION.—The amendments made by (1) IN GENERAL.—The amendments made by 31, 2009’’. subsection (a) shall take effect on the date of this section shall apply to taxable years begin- (b) QUALIFIED BIOMASS FUEL PROPERTY.— the enactment of this Act. ning after December 31, 2007. (1) IN GENERAL.—Section 25C(d)(3) is amend- (2) ALLOWANCE AGAINST ALTERNATIVE MIN- (2) APPLICATION OF EGTRRA SUNSET.—The ed— IMUM TAX.—The amendments made by sub- amendments made by subparagraphs (A) and (A) by striking ‘‘and’’ at the end of subpara- section (b) shall apply to credits determined (B) of subsection (c)(2) shall be subject to title graph (D), under section 46 of the Internal Revenue Code IX of the Economic Growth and Tax Relief Rec- (B) by striking the period at the end of sub- of 1986 in taxable years beginning after the date onciliation Act of 2001 in the same manner as paragraph (E) and inserting ‘‘, and’’, and of the enactment of this Act and to carrybacks the provisions of such Act to which such amend- (C) by adding at the end the following new of such credits. ments relate. subparagraph: (3) FUEL CELL PROPERTY AND PUBLIC ELECTRIC SEC. 1014. EXTENSION AND MODIFICATION OF ‘‘(F) a stove which uses the burning of bio- UTILITY PROPERTY.—The amendments made by CREDIT FOR CLEAN RENEWABLE EN- mass fuel to heat a dwelling unit located in the subsections (c) and (d) shall apply to periods ERGY BONDS. United States and used as a residence by the after the date of the enactment of this Act, in (a) EXTENSION.—Section 54(m) (relating to ter- taxpayer, or to heat water for use in such a taxable years ending after such date, under mination) is amended by striking ‘‘December 31, dwelling unit, and which has a thermal effi- rules similar to the rules of section 48(m) of the 2008’’ and inserting ‘‘December 31, 2009’’. ciency rating of at least 75 percent.’’. Internal Revenue Code of 1986 (as in effect on (b) INCREASE IN NATIONAL LIMITATION.—Sec- (2) BIOMASS FUEL.—Section 25C(d) (relating to the day before the date of the enactment of the tion 54(f) (relating to limitation on amount of residential energy property expenditures) is Revenue Reconciliation Act of 1990). bonds designated) is amended— amended by adding at the end the following SEC. 1013. EXTENSION AND MODIFICATION OF (1) by inserting ‘‘, and for the period begin- new paragraph: RESIDENTIAL ENERGY EFFICIENT ning after the date of the enactment of the ‘‘(6) BIOMASS FUEL.—The term ‘biomass fuel’ PROPERTY CREDIT. Clean Energy Tax Stimulus Act of 2008 and end- means any plant-derived fuel available on a re- (a) EXTENSION.—Section 25D(g) (relating to ing before January 1, 2010, $400,000,000’’ after newable or recurring basis, including agricul- termination) is amended by striking ‘‘December ‘‘$1,200,000,000’’ in paragraph (1), tural crops and trees, wood and wood waste and 31, 2008’’ and inserting ‘‘December 31, 2009’’. (2) by striking ‘‘$750,000,000 of the’’ in para- residues (including wood pellets), plants (in- (b) NO DOLLAR LIMITATION FOR CREDIT FOR graph (2) and inserting ‘‘$750,000,000 of the cluding aquatic plants), grasses, residues, and SOLAR ELECTRIC PROPERTY.— $1,200,000,000’’, and fibers.’’. (1) IN GENERAL.—Section 25D(b)(1) (relating to (3) by striking ‘‘bodies’’ in paragraph (2) and (c) MODIFICATIONS OF STANDARDS FOR EN- maximum credit) is amended by striking sub- inserting ‘‘bodies, and except that the Secretary ERGY-EFFICIENT BUILDING PROPERTY.— paragraph (A) and by redesignating subpara- may not allocate more than 1⁄3 of the $400,000,000 (1) ELECTRIC HEAT PUMPS.—Subparagraph (B) graphs (B) and (C) as subparagraphs (A) and national clean renewable energy bond limitation of section 25C(d)(3) is amended to read as fol- (B), respectively. to finance qualified projects of qualified bor- lows: (2) CONFORMING AMENDMENTS.—Section rowers which are public power providers nor ‘‘(A) an electric heat pump which achieves the 25D(e)(4) is amended— more than 1⁄3 of such limitation to finance quali- highest efficiency tier established by the Consor- (A) by striking clause (i) in subparagraph (A), fied projects of qualified borrowers which are tium for Energy Efficiency, as in effect on Janu- (B) by redesignating clauses (ii) and (iii) in mutual or cooperative electric companies de- ary 1, 2008.’’. subparagraph (A) as clauses (i) and (ii), respec- scribed in section 501(c)(12) or section (2) CENTRAL AIR CONDITIONERS.—Section tively, and 1381(a)(2)(C)’’. 25C(d)(3)(D) is amended by striking ‘‘2006’’ and (C) by striking ‘‘, (2),’’ in subparagraph (C). (c) PUBLIC POWER PROVIDERS DEFINED.—Sec- inserting ‘‘2008’’. (c) CREDIT ALLOWED AGAINST ALTERNATIVE tion 54(j) is amended— (3) WATER HEATERS.—Subparagraph (E) of MINIMUM TAX.— (1) by adding at the end the following new section 25C(d) is amended to read as follows: (1) IN GENERAL.—Subsection (c) of section 25D paragraph: ‘‘(E) a natural gas, propane, or oil water is amended to read as follows: ‘‘(6) PUBLIC POWER PROVIDER.—The term heater which has either an energy factor of at ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; ‘public power provider’ means a State utility least 0.80 or a thermal efficiency of at least 90 CARRYFORWARD OF UNUSED CREDIT.— with a service obligation, as such terms are de- percent.’’. ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— fined in section 217 of the Federal Power Act (as (4) OIL FURNACES AND HOT WATER BOILERS.— In the case of a taxable year to which section in effect on the date of the enactment of this Paragraph (4) of section 25C(d) is amended to 26(a)(2) does not apply, the credit allowed under paragraph).’’, and read as follows: subsection (a) for the taxable year shall not ex- (2) by inserting ‘‘; PUBLIC POWER PROVIDER’’ ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND ceed the excess of— before the period at the end of the heading. OIL FURNACES AND HOT WATER BOILERS.— ‘‘(A) the sum of the regular tax liability (as (d) TECHNICAL AMENDMENT.—The third sen- ‘‘(A) QUALIFIED NATURAL GAS FURNACE.—The defined in section 26(b)) plus the tax imposed by tence of section 54(e)(2) is amended by striking term ‘qualified natural gas furnace’ means any section 55, over ‘‘subsection (l)(6)’’ and inserting ‘‘subsection natural gas furnace which achieves an annual ‘‘(B) the sum of the credits allowable under (l)(5)’’. fuel utilization efficiency rate of not less than this subpart (other than this section) and sec- (e) EFFECTIVE DATE.—The amendments made 95. tion 27 for the taxable year. by this section shall apply to bonds issued after ‘‘(B) QUALIFIED NATURAL GAS HOT WATER ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— the date of the enactment of this Act. BOILER.—The term ‘qualified natural gas hot ‘‘(A) RULE FOR YEARS IN WHICH ALL PERSONAL SEC. 1015. EXTENSION OF SPECIAL RULE TO IM- water boiler’ means any natural gas hot water CREDITS ALLOWED AGAINST REGULAR AND ALTER- PLEMENT FERC RESTRUCTURING boiler which achieves an annual fuel utilization NATIVE MINIMUM TAX.—In the case of a taxable POLICY. efficiency rate of not less than 90. year to which section 26(a)(2) applies, if the (a) QUALIFYING ELECTRIC TRANSMISSION ‘‘(C) QUALIFIED PROPANE FURNACE.—The term credit allowable under subsection (a) exceeds TRANSACTION.— ‘qualified propane furnace’ means any propane the limitation imposed by section 26(a)(2) for (1) IN GENERAL.—Section 451(i)(3) (defining furnace which achieves an annual fuel utiliza- such taxable year reduced by the sum of the qualifying electric transmission transaction) is tion efficiency rate of not less than 95. credits allowable under this subpart (other than amended by striking ‘‘January 1, 2008’’ and in- ‘‘(D) QUALIFIED PROPANE HOT WATER BOIL- this section), such excess shall be carried to the serting ‘‘January 1, 2010’’. ER.—The term ‘qualified propane hot water boil- succeeding taxable year and added to the credit (2) EFFECTIVE DATE.—The amendment made er’ means any propane hot water boiler which allowable under subsection (a) for such suc- by this subsection shall apply to transactions achieves an annual fuel utilization efficiency ceeding taxable year. after December 31, 2007. rate of not less than 90. ‘‘(B) RULE FOR OTHER YEARS.—In the case of (b) INDEPENDENT TRANSMISSION COMPANY.— ‘‘(E) QUALIFIED OIL FURNACES.—The term a taxable year to which section 26(a)(2) does not (1) IN GENERAL.—Section 451(i)(4)(B)(ii) (de- ‘qualified oil furnace’ means any oil furnace apply, if the credit allowable under subsection fining independent transmission company) is which achieves an annual fuel utilization effi- (a) exceeds the limitation imposed by paragraph amended by striking ‘‘December 31, 2007’’ and ciency rate of not less than 90. (1) for such taxable year, such excess shall be inserting ‘‘the date which is 2 years after the ‘‘(F) QUALIFIED OIL HOT WATER BOILER.—The carried to the succeeding taxable year and date of such transaction’’. term ‘qualified oil hot water boiler’ means any

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oil hot water boiler which achieves an annual ‘‘(3) REFRIGERATORS.—The applicable amount ‘‘commercial’’ before ‘‘residential’’ the second fuel utilization efficiency rate of not less than is— place it appears. 90.’’. ‘‘(A) $50 in the case of a refrigerator which is (3) TOP-LOADING CLOTHES WASHER.—Sub- (d) EFFECTIVE DATE.—The amendments made manufactured in calendar year 2008, and con- section (f) of section 45M (relating to defini- this section shall apply to expenditures made sumes at least 20 percent but not more than 22.9 tions) is amended by redesignating paragraphs after December 31, 2007. percent less kilowatt hours per year than the (4), (5), (6), and (7) as paragraphs (5), (6), (7), SEC. 1022. EXTENSION AND MODIFICATION OF 2001 energy conservation standards, and (8), respectively, and by inserting after TAX CREDIT FOR ENERGY EFFICIENT ‘‘(B) $75 in the case of a refrigerator which is paragraph (3) the following new paragraph: NEW HOMES. manufactured in calendar year 2008 or 2009, and ‘‘(4) TOP-LOADING CLOTHES WASHER.—The (a) EXTENSION OF CREDIT.—Subsection (g) of consumes at least 23 percent but no more than term ‘top-loading clothes washer’ means a section 45L (relating to termination) is amended 24.9 percent less kilowatt hours per year than clothes washer which has the clothes container by striking ‘‘December 31, 2008’’ and inserting the 2001 energy conservation standards, compartment access located on the top of the ‘‘December 31, 2010’’. ‘‘(C) $100 in the case of a refrigerator which is machine and which operates on a vertical (b) ALLOWANCE FOR CONTRACTOR’S PERSONAL manufactured in calendar year 2008, 2009, or axis.’’. RESIDENCE.—Subparagraph (B) of section 2010, and consumes at least 25 percent but not (4) REPLACEMENT OF ENERGY FACTOR.—Sec- 45L(a)(1) is amended to read as follows: more than 29.9 percent less kilowatt hours per tion 45M(f)(6), as redesignated by paragraph ‘‘(B)(i) acquired by a person from such eligible year than the 2001 energy conservation stand- (3), is amended to read as follows: contractor and used by any person as a resi- ards, and ‘‘(6) MODIFIED ENERGY FACTOR.—The term dence during the taxable year, or ‘‘(D) $200 in the case of a refrigerator manu- ‘modified energy factor’ means the modified en- ‘‘(ii) used by such eligible contractor as a resi- factured in calendar year 2008, 2009, or 2010 and ergy factor established by the Department of dence during the taxable year.’’. which consumes at least 30 percent less energy Energy for compliance with the Federal energy (c) EFFECTIVE DATE.—The amendments made than the 2001 energy conservation standards.’’. conservation standard.’’. by this section shall apply to homes acquired (b) ELIGIBLE PRODUCTION.— (5) GALLONS PER CYCLE; WATER CONSUMPTION after December 31, 2008. (1) SIMILAR TREATMENT FOR ALL APPLI- FACTOR.—Section 45M(f) (relating to defini- ANCES.—Subsection (c) of section 45M (relating tions), as amended by paragraph (3), is amended SEC. 1023. EXTENSION AND MODIFICATION OF ENERGY EFFICIENT COMMERCIAL to eligible production) is amended— by adding at the end the following: BUILDINGS DEDUCTION. (A) by striking paragraph (2), ‘‘(9) GALLONS PER CYCLE.—The term ‘gallons (a) EXTENSION.—Section 179D(h) (relating to (B) by striking ‘‘(1) IN GENERAL’’ and all that per cycle’ means, with respect to a dishwasher, termination) is amended by striking ‘‘December follows through ‘‘the eligible’’ and inserting the amount of water, expressed in gallons, re- 31, 2008’’ and inserting ‘‘December 31, 2009’’. ‘‘The eligible’’, and quired to complete a normal cycle of a dish- (b) ADJUSTMENT OF MAXIMUM DEDUCTION (C) by moving the text of such subsection in washer. AMOUNT.— line with the subsection heading and redesig- ‘‘(10) WATER CONSUMPTION FACTOR.—The term (1) IN GENERAL.—Subparagraph (A) of section nating subparagraphs (A) and (B) as para- ‘water consumption factor’ means, with respect 179D(b)(1) (relating to maximum amount of de- graphs (1) and (2), respectively. to a clothes washer, the quotient of the total duction) is amended by striking ‘‘$1.80’’ and in- (2) MODIFICATION OF BASE PERIOD.—Para- weighted per-cycle water consumption divided serting ‘‘$2.25’’. graph (2) of section 45M(c), as amended by by the cubic foot (or liter) capacity of the paragraph (1) of this section, is amended by (2) PARTIAL ALLOWANCE.—Paragraph (1) of clothes washer.’’. section 179D(d) is amended— striking ‘‘3-calendar year’’ and inserting ‘‘2-cal- (f) EFFECTIVE DATE.—The amendments made (A) by striking ‘‘$.60’’ and inserting ‘‘$0.75’’, endar year’’. by this section shall apply to appliances pro- and (c) TYPES OF ENERGY EFFICIENT APPLI- duced after December 31, 2007. (B) by striking ‘‘$1.80’’ and inserting ‘‘$2.25’’. ANCES.—Subsection (d) of section 45M (defining TITLE XI—SENSE OF THE SENATE types of energy efficient appliances) is amended (c) EFFECTIVE DATE.—The amendments made SEC. 1101. SENSE OF THE SENATE. to read as follows: by this section shall apply to property placed in It is the sense of the Senate that in imple- ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- service after the date of the enactment of this menting or carrying out any provision of this ANCE.—For purposes of this section, the types of Act. Act, or any amendment made by this Act, the energy efficient appliances are— SEC. 1024. MODIFICATION AND EXTENSION OF ‘‘(1) dishwashers described in subsection Senate supports a policy of noninterference re- ENERGY EFFICIENT APPLIANCE (b)(1), garding local government requirements that the CREDIT FOR APPLIANCES PRO- holder of a foreclosed property maintain that DUCED AFTER 2007. ‘‘(2) clothes washers described in subsection (b)(2), and property. (a) IN GENERAL.—Subsection (b) of section ‘‘(3) refrigerators described in subsection Amend the title so as to read: ‘‘An Act to 45M (relating to applicable amount) is amended (b)(3).’’. provide needed housing reform and for other to read as follows: (d) AGGREGATE CREDIT AMOUNT ALLOWED.— purposes.’’. ‘‘(b) APPLICABLE AMOUNT.—For purposes of (1) INCREASE IN LIMIT.—Paragraph (1) of sec- subsection (a)— AMENDMENT NO. 4523 tion 45M(e) (relating to aggregate credit amount ‘‘(1) DISHWASHERS.—The applicable amount The PRESIDING OFFICER. Under allowed) is amended to read as follows: is— the previous order, the amendment to ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— ‘‘(A) $45 in the case of a dishwasher which is The aggregate amount of credit allowed under the title is agreed to. manufactured in calendar year 2008 or 2009 and subsection (a) with respect to a taxpayer for any The amendment (No. 4523) was agreed which uses no more than 324 kilowatt hours per taxable year shall not exceed $75,000,000 reduced to, as follows: year and 5.8 gallons per cycle, and by the amount of the credit allowed under sub- Amend the title so as to read: ‘‘(B) $75 in the case of a dishwasher which is section (a) to the taxpayer (or any predecessor) To provide needed housing reform and for manufactured in calendar year 2008, 2009, or for all prior taxable years beginning after De- other purposes. 2010 and which uses no more than 307 kilowatt cember 31, 2007.’’. Mr. DODD. Mr. President, I ask unan- hours per year and 5.0 gallons per cycle (5.5 gal- (2) EXCEPTION FOR CERTAIN REFRIGERATOR lons per cycle for dishwashers designed for imous consent that the Senator from AND CLOTHES WASHERS.—Paragraph (2) of sec- greater than 12 place settings). Alabama and myself be recognized for tion 45M(e) is amended to read as follows: 20 minutes, 10 minutes apiece, to make ‘‘(2) CLOTHES WASHERS.—The applicable ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- amount is— ERATORS AND CLOTHES WASHERS.—Refrigerators some closing comments. ‘‘(A) $75 in the case of a residential top-load- described in subsection (b)(3)(D) and clothes The PRESIDING OFFICER. Is there ing clothes washer manufactured in calendar washers described in subsection (b)(2)(D) shall objection? Hearing no objection it is so year 2008 which meets or exceeds a 1.72 modified not be taken into account under paragraph ordered, and the Senator is recognized. energy factor and does not exceed a 8.0 water (1).’’. Mr. DODD. Mr. President, before I consumption factor, (e) QUALIFIED ENERGY EFFICIENT APPLI- make those remarks, and I have ‘‘(B) $125 in the case of a residential top-load- ANCES.— ing clothes washer manufactured in calendar checked with the Parliamentarians, I (1) IN GENERAL.—Paragraph (1) of section would be remiss if I didn’t recognize a year 2008 or 2009 which meets or exceeds a 1.8 45M(f) (defining qualified energy efficient appli- modified energy factor and does not exceed a 7.5 ance) is amended to read as follows: former colleague, Senator John Glenn, water consumption factor, ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- who is here on the floor of the Senate. ‘‘(C) $150 in the case of a residential or com- ANCE.—The term ‘qualified energy efficient ap- Senator Glenn, welcome to the Sen- mercial clothes washer manufactured in cal- pliance’ means— ate. Nice to have you back. endar year 2008, 2009, or 2010 which meets or ex- ‘‘(A) any dishwasher described in subsection Mr. President, if I may, this morning, ceeds 2.0 modified energy factor and does not (b)(1), I think we have adopted a very good exceed a 6.0 water consumption factor, and ‘‘(B) any clothes washer described in sub- piece of legislation, one that is going ‘‘(D) $250 in the case of a residential or com- section (b)(2), and mercial clothes washer manufactured in cal- ‘‘(C) any refrigerator described in subsection to take a significant step in dealing endar year 2008, 2009, or 2010 which meets or ex- (b)(3).’’. with the present housing crisis in our ceeds 2.2 modified energy factor and does not (2) CLOTHES WASHER.—Section 45M(f)(3) (de- country. As I have repeated on numer- exceed a 4.5 water consumption factor. fining clothes washer) is amended by inserting ous occasions over the last number of

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That is a staggering number of PRYOR, and Senator ENSIGN, Senator have a good partner in Senator SHELBY people, and in a given week’s time that BROWNBACK, Senator GREGG, Senator and his staff in helping us work would fill most any college or profes- DEMINT, and Senator CORNYN, who all through these issues. sional sports stadium. offered ideas which we were able to ac- I mentioned Senator HARRY REID, the Eight thousand people every day run commodate. majority leader, Senator MCCONNELL, the risk of losing their most important Members of both sides had a lot of and their staffs for their work as well asset outside of their beloved family very good ideas which strengthen this on this legislation, but we don’t often members. The greatest accumulation bill. So we are very grateful for their thank or mention the names of the of wealth for most people is their participation and involvement in al- people who do all of the late work, who home. It may mean for them, in their lowing us to come to where we are stay up all night drafting and arguing, future, providing for a secure retire- today. disagreeing and debating on what to in- ment, dealing with college education, I should have actually begun my re- clude in these packages. providing for the unforeseen crisis that marks by thanking the majority lead- So I want to thank, particularly in can occur where that equity in a home er. Senator REID made this possible. the leadership area, Gary Myrick, can make all the difference in the When I talked with Senator REID about Randy Devalk, Lula Davis, who has world, not to mention what a stabi- a week and a half, 2 weeks ago, after been terrific with the floor staff—abso- lizing influence it has for a family, a having a conversation with Senator lutely wonderful in the last several neighborhood, or a community. Home SHELBY and other members of the days—Tim Mitchell, Mark Wetjen on ownership. All of that is at risk for too Banking Committee, we believed we Leader REID’s staff, and Rohit Kumar many of our fellow citizenry. could come forward with a core group and Dave Schiappa on the minority Over these last many days, the Sen- of ideas and offer our colleagues the op- leader’s staff. Dave, we thank you for ator from Alabama and I and others portunity to begin to move on this your support and help in all of this. On have tried not to solve every problem housing crisis. Senator REID ap- Senator SHELBY’s staff, Bill Duhnke, in that area but to take a major step proached the Republican leader, Sen- Mark Oesterle, Shannon Hines, Mark forward in addressing the issue of fore- ator MCCONNELL, and as a result of Calabria, and Jim Johnson all were closure, the housing crisis, and the eco- their leadership, they provided this op- helpful. And I want to acknowledge all nomic problems we face. I think we portunity, resulting in where we have the positive efforts of my staff: Shawn have done that with this bill. This leg- arrived today, coming to this accom- Maher, the staff director of the Bank- islation includes the original ideas we modation. So Senator REID and his ing Committee; Jonathan Miller, Jenn were able to work out a week or so ago staff deserve, along with Senator Fogel-Bublick, Amy Friend, Julie dealing with FHA modernization, deal- MCCONNELL, a very special thanks for Chon, Lynsey Graham Rea, and Drew ing with disclosure, dealing with mort- making it possible for us to achieve Colbert. These are all people—and gage revenue bonds, and dealing with what we have. there are others as well on these com- the idea of providing some tax relief Let me say very quickly that this mittees—who do a lot of good, hard for people who are willing to move in bill is called the Foreclosure Preven- work, and we thank them. and occupy foreclosed properties, tion Act. Quite candidly, what we have Again, Mr. President, before the close which provides assistance to commu- done doesn’t quite live up to the title. of business, another 8,000 people may nities that would otherwise lose as a We have more work to do. We don’t do file for foreclosure in this country, so result of having dilapidated and enough, in my view, in preventing we have work yet to be done in this boarded-up properties in their midst. more foreclosures in the country. We area, but this bill is a major, positive And there were a number of other pro- do some things but not enough. But I step in the right direction. There are visions, including counseling services would say to my colleagues who are provisions that, frankly, I am not as and the like, included in that core concerned, we are not done yet. There enthusiastic about, but they were con- piece of legislation. is more work that needs to be done. sensus provisions added to this legisla- But over the past week, a little less In fact, this morning, Senator SHEL- tion. There are many provisions that I than a week, we have added a number BY and I and the committee were hav- think take us exactly in the right di- of other provisions to this bill at the ing a hearing on how to deal with addi- rection in minimizing the impact of behest of our colleagues, working with tional foreclosures in the country. We what is occurring in our country and both the chairman and the ranking have more work to do—another hearing allowing us to get back on our feet, member of the Finance Committee as next week. We have to deal with the again restoring confidence and opti- well as members of the Banking Com- Government-sponsored enterprise leg- mism in the housing market, and for mittee and those who are interested in islation, we have flood insurance to that I am very grateful to all who have this legislation. The underlying bill deal with, and a number of other issues participated in allowing us to arrive at and the important provisions in it con- that require our attention, and our in- this point. tained many good increases in support tention is to work on those issues. So I yield the floor. for various things we need to accom- more work needs to be done, but at this The PRESIDING OFFICER (Mr. plish. juncture we believe we have presented TESTER). The Senator from Alabama. In addition, the managers’ package, a good package. Mr. SHELBY. Mr. President, I thank which was adopted last evening, ac- Mr. President, Congressman BARNEY Senator DODD for all of his cooperation commodates 16 different amendments, FRANK, the chairman of the House Fi- and his leadership on the Banking Mr. President. These amendments help nancial Services Committee, is holding Committee and on the Senate floor, veterans meet their housing needs. We hearings this very morning, as he has and I want to associate myself with his actually increased some counseling over the last day or so, on these issues. remarks, thanking the staff of the Sen- funds that Senator MURRAY and Sen- My hope is we can get quickly to a con- ate and also the staff of the Banking ator MIKULSKI and Senator SCHUMER ference with the other body on this Committee, including my staff and his. were interested in. We improved co- package and come back with a com- It is good to work together where we ordination at counseling agencies. We promise that is as strong as the one we can in the Senate. And when we do, we were able to accommodate a number of are sending out for consideration. get a lot of work done. Senators on both sides of the aisle. Again, I thank Senator SHELBY, my Mr. President, when crises such as I particularly want to express my friend and colleague from Alabama. We the one we are now facing come about, gratitude to Senator SALAZAR for his have worked closely together over the the American people expect us in the amendment, Senator BOXER, Senator years on the Banking Committee. I Senate to act in an expeditious and an CARPER, and Senator MCCASKILL, who served under his chairmanship of the appropriate manner. I think this is offered some very good ideas. I men- committee where he had good strong what we have been doing the last cou- tioned Senator MURRAY and Senator leadership and offered some very ple of weeks. Senator DODD and I, at MIKULSKI, Senator LEAHY, Senator strong ideas that were adopted by the the direction of our respective leaders,

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The FHA title provides im- face in regards to their housing needs. leader, have invested a considerable mediate help to the marketplace by re- The managers’ package puts to great- amount of time in drafting a bipartisan forming the Federal Housing Adminis- er use assets in the Home Loan Bank and balanced piece of legislation that tration, allowing it to provide greater system to help bring additional re- is focused on addressing the growing liquidity and thereby enhancing the sources to the effort to deal with cur- number of foreclosures nationwide, options available to America’s home- rent conditions in the housing market. which Senator DODD just mentioned. owners. The package includes additional con- In an effort to maintain that balance The bill also provides additional sumer protections for senior citizens and to preserve our bipartisan agree- funding for foreclosure prevention who participate in the FHA-insured re- ment, we were not able to agree to a counseling—Senator DODD has spoken verse mortgage program. The package number of amendments, some of which on this—which will help homeowners requires enhanced scrutiny of loan I believe have a great deal of merit, stay current on their mortgages and be originators participating in the FHA and I want to touch on some. It is my able to remain in their homes. That is program, which should better protect hope that Senator DODD and I can con- our goal. This is an area in which I the solvency of the taxpayer backed tinue to work closely on a number of hope to work closely with Senator mortgage insurance fund. those, such as the need for meaningful DODD over the coming year. I believe The package also ensures that funds GSE reform, as well as a mortgage we must conduct thorough oversight to are not used to provide inappropriate broker and banker licensing bill. ensure that this money is being spent benefits to private entities by prohib- Senator HAGEL introduced an amend- properly and effectively. Should addi- iting the use of funds in cases where ment on GSE reform that I believe may tional funds be necessary, I believe eminent domain is used to benefit pri- represent the foundation for a very they can be provided during the normal vate parties. promising approach to addressing a appropriations process. Finally, the managers’ amendment very complex but critical set of issues. In order to prevent a repeat of the protects taxpayers by requiring that I stand ready to work with Senator current housing crisis, the bill also in- any profits made from the sale of reha- DODD at any time to reach an agree- creases the disclosures made to con- bilitated homes that are not reinvested ment on meaningful GSE reform. sumers obtaining mortgages, which I in the program are recaptured and re- Senators FEINSTEIN and MARTINEZ in- think is very important. I believe giv- turned to the Treasury. troduced an amendment on mortgage ing consumers more information so Mr. President, I believe this is a fo- broker and banker licensing that I they understand what they are doing cused and targeted piece of legislation hope also lays the foundation for fur- and the ability to understand the that will address in an appropriate ther action by the Banking Committee, choices they are making will help them manner a number of the difficulties we headed by Senator DODD. avoid making the pitfalls and bad deci- are now facing in the housing market. There are other provisions that are sions many uninformed consumers While there are a large and growing not in this bill and that I could not made in the past. number of homes entering foreclosure, support. These included the bank- To protect our soldiers, sailors, and we must remember that the vast ma- ruptcy provision, or so-called cram- airmen, the bill extends additional con- jority of homeowners are living within down, as well as an unprecedented ex- sumer protections and provides those their means and making their mort- pansion of the FHA guarantee to hun- returning from combat a chance to get gage payments. While some would argue that we have dreds of thousands of homeowners who back on their feet before they face any a responsibility to aid those who find find themselves underwater on their type of foreclosure proceeding. themselves under water on their mort- mortgages and stretched beyond their Mr. President, in an effort to provide gages or unable to afford their increas- means. communities with the ability to clean ing payments, I would argue that we Mr. President, when we began consid- up the damage caused by the fore- also have equal responsibility to those eration of this bill, I said the following: closures that have already occurred, we have included funding to allow States who have made prudent financial deci- While we are in agreement on the measures sions. We must not forget them as we contained in this bill, there is a line that we and communities to buy up and repair should not cross. That line is represented by foreclosed residences through the Com- seek to help others. a taxpayer-funded bailout of investors or munity Development Block Grant Pro- Mr. President, the eve of an election homeowners that freely and willingly en- gram. year can be a very difficult time to tered into mortgages that they knew or Attached to this funding is a require- reach consensus on just about any- should have known they could not afford. ment that any profits from the sale of thing. With that in mind, I intend to exam- properties must be used to buy and re- When we are able to come together, ine closely any proposals to further ex- pair additional properties. I believe it is incumbent upon us to seize that pose the American taxpayer to the that reuse of this funding in this man- opportunity and move forward. Mr. President, I think this is a good risks freely incurred by individuals or ner will maximize the impact of these bill overall, and I was pleased to see investors. I understand that Chairman dollars and minimize the possibility the vote of the Senate just a few min- DODD intends to hold additional hear- that funds will be wasted or profits in- utes ago. ings on just such a proposal. I intend to appropriately pocketed. work closely with him to ensure that I yield the floor. The bill also contains a number of Mr. DODD. Mr. President, I suggest all facets of this approach are exam- tax-related provisions prepared in a bi- the absence of a quorum. ined thoroughly before we expose those partisan fashion by the chairman and The PRESIDING OFFICER. The who made prudent financial choices to ranking member on the Finance Com- clerk will call the roll. the risks created by those who didn’t. mittee. The assistant legislative clerk pro- First and foremost, I believe our pri- Mr. President, this bill also includes ceeded to call the roll. mary responsibility is to the American a managers’ package that contains a Mr. BINGAMAN. Mr. President, I ask taxpayer. In our zeal to help those who broad range of provisions offered by 13 unanimous consent that the order for find themselves in financial difficulty, separate Senators. Chairman DODD and the quorum call be rescinded. we must make sure that we do not do I worked closely to come to agreement The PRESIDING OFFICER. Without more harm than good. This bill does in- on including this group of provisions objection, it is so ordered. clude a number of provisions that de- that, I believe, strengthens the core f served my colleagues’ support, and bill. that they supported. The bill makes The first group of provisions touch CONSOLIDATED NATURAL the necessary changes in the FHA pro- upon a number of veterans and mili- RESOURCES ACT OF 2008 gram so that it can meet the needs of tary service personnel housing pro- The PRESIDING OFFICER. Under today’s mortgage marketplace. The grams. These measures provide greater the previous order, the Senate will pro- FHA language provides protections for resources, flexibility, and options for ceed to consideration of S. 2739, which the American taxpayer, who ulti- veterans and military personnel to help the clerk will report.

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Many of the individual bills honoring President Eisenhower, and es- A bill (S. 2739) to authorize certain pro- that are included in this package have tablishes a commission to study the grams and activities in the Department of been on the Senate calendar for several potential creation of a National Mu- the Interior, the Forest Service, and the De- months; in fact several were reported seum of the American Latino, here in partment of Energy, to implement further by our committee and have been pend- Washington. the Act approving the Covenant to Establish S. 2739 would establish three new Na- a Commonwealth of the Northern Mariana ing on the calendar since January of Islands in Political Union with the United last year—not January of 2008 but Jan- tional Heritage Areas: the Abraham States of America, to amend the Compact of uary of 2007. A number of the bills have Lincoln National Heritage Area in Illi- Free Association Amendments Act of 2003, been approved by the Senate—by unan- nois; the Niagara Falls National Herit- and for other purposes. imous consent, I might add—in pre- age Area in New York, and the multi- Mr. BINGAMAN. Mr. President, I vious Congresses, in some cases in sev- State Journey Through Hallowed know my colleague from New Mexico eral previous Congresses. Ground National Heritage Area in Vir- will be here in a few minutes and wish- While the individual bills in this ginia, Maryland, West Virginia, and es to make a statement in support of package may not be controversial, they Pennsylvania, and it authorizes studies the legislation that is before us now. I are nonetheless very important to the of potential new heritage areas in Or- will start by making my own state- individual sponsors, and the Senate has egon and Kentucky. It would also in- ment, a general statement about it. I an obligation to try and pass these crease the authorization ceiling for know Senator WYDEN also is here on bills. I would like to take a few min- several existing heritage areas. the Senate floor and wishes to speak on utes to briefly identify some of the pro- This bill will help address the water this issue and on this legislation. I visions included within S. 2739. resource challenges facing many re- know, of course, Senator COBURN is The bills included within S. 2739 en- gions of the country. There are 16 pro- also very nearby and wishes to make a compass lands and activities in over 30 visions in the bill affecting States statement as well. States and the District of Columbia. west-wide, including sections that will The Senate will consider at this time The first provision in the package is promote partnerships between the Fed- S. 2739. It is a collection of over 60 non- Senator MURRAY’s and Senator CANT- eral Government, States, and local en- controversial bills that have been re- WELL’s proposal to designate the tities in the area of water, including ported from the Energy and Natural 106,000-acre Wild Sky wilderness in paying for security costs at Bureau of Resources Committee dealing with var- Washington State, which the Senate Reclamation facilities; ensure a better ious public land, national park, water, has passed in each of the last three pre- understanding of groundwater re- and territorial issues. vious Congresses. The Wild Sky wilder- sources; facilitate a feasibility study of Let me start by thanking Senator ness is an important addition to the serious proposals to address water REID, our majority leader, for making National Wilderness Preservation, and shortages and avoid litigation; transfer it possible for us to proceed with this has strong local and national support. Federal property to local ownership bill at this time. This has been a pri- Another provision in the bill includes and eliminate Federal restrictions im- ority of his for several months now, to language sponsored by Senators WYDEN peding water conservation projects; get this legislation before the Senate. and AKAKA to give the National Park promote water recycling activities; and He deserves great credit for doing that. Service important new authority to authorize Federal participation in the All of the individual bills included in enter into cooperative agreements to Platte River Endangered Species Re- S. 2739 have been passed by the House protect threatened natural resources in covery Program, which is strongly sup- of Representatives and virtually all of national parks. ported in Colorado, Nebraska, and Wy- the bills—or their Senate companion S. 2739 also includes additions to the oming. measures—have also been favorably re- Minidoka National Monument in Idaho Given the critical nature of many of ported by the Energy and Natural Re- and Washington State, the Carl Sand- these items, it’s important that these sources Committee. The committee burg National Historic Site in North water-related authorities be enacted as votes on reporting these bills have been Carolina, and the Lowell National His- soon as possible. unanimous. torical Park in Massachusetts, and the S. 2379 also reauthorizes two energy Typically, these bills would be con- bill provides the National Park Service programs at the Department of Energy. sidered individually and passed under a with important new authorities at Aca- One clarifies the Secretary of Energy’s unanimous consent agreement. Unfor- dia National Park in Maine and Denali authority to make grants to advanced tunately, as most Senators are aware, National Park in Alaska. energy efficiency technology transfer it has become virtually impossible to It authorizes studies of potential new centers under the Energy Policy Act get unanimous consent to pass any- parks in Missouri, Texas, Arkansas, of2005, and the other reauthorizes the thing this year. So despite the fact California, Arizona, and Massachusetts Steel and Aluminum Energy Conserva- these bills generally deal with State- to assess whether any would be appro- tion and Technology Competitiveness specific issues and have the strong sup- priate for addition to the National Act of 1988. port of the affected congressional dele- Park System, and it establishes com- The package contains two important gation, and despite the fact that these missions to commemorate significant measures related to the territories. bills are noncontroversial—having anniversaries of the Hudson and Cham- The first involves the Commonwealth passed the House of Representatives plain expeditions in what are now the of the Northern Mariana Islands— and having been reported by the En- northeastern United States. CNMI—to respond to longstanding Fed- ergy and Natural Resources Committee S. 2739 would designate two new Out- eral concerns regarding immigration, with overwhelming bipartisan sup- standing Natural Areas to be managed labor, and law enforcement—concerns port—we have not been able to get by the Bureau of Land Management: that are greatly heightened following them cleared. the Piedras Blancas Historic Light Sta- the September 11 attacks. This bill cul- In an attempt to move these bills for- tion in California, and the Jupiter Inlet minates 11 years of congressional and ward, last month I introduced S. 2739, Lighthouse in Florida. It also allows executive branch efforts to extend the which simply incorporates every bill for BLM land in Nevada to be trans- U.S. immigration laws to the CNMI in- our committee has reported that has ferred for use by the Nevada National cluding the establishment of Federal also been passed by the House of Rep- Guard. border control as anticipated by the resentatives. The package includes The package includes a new addition 1976 covenant agreement between the roughly an equal mix of Democratic- to the Wild and Scenic River System in CNMI and the United States. The bill sponsored bills, Republican-sponsored Connecticut, and a new addition to the also includes special provisions to meet bills, and bills with bipartisan spon- National Trails System, the ‘‘Star- the special needs of the islands’ econ- sors. As I have already noted, since Spangled Banner’’ National Historic omy. The citizens of the CNMI have these bills have been reported out of Trail in Virginia and Maryland. been U.S. citizens and members of the the Energy and Natural Resources The bill includes authorizations re- U.S. family for over 20 years, but they Committee by unanimous votes, there lated to new commemorative works in have been unable to participate in

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The to keep faith with our Nation’s found- the Web site of the Committee of En- term ‘‘congressionally designated spending ing principle of representative govern- ergy and Natural Resources since item’’ is broadly defined, in pertinent part, ment. March 11 and was previously printed in to include ‘‘a provision ... included primarily The final title of S. 2739 would make the CONGRESSIONAL RECORD on March at the request of a Senator . . . authorizing numerous amendments to the Com- 11, at page S. 1869. . . . a specific amount of discretionary budg- pacts of Free Association between the In addition, I ask unanimous consent et authority . . . for . . . expenditure with or United States and the Pacific island that the list, along with my letter to to an entity, or targeted to a specific State, nations of the Federated States of Mi- the Majority Leader accompanying the locality or Congressional district, other than cronesia, the Republic of the Marshall list, be printed in the RECORD for the through a statutory or administrative for- mula-driven or competitive award process.’’ Islands, and the Republic of . information of all Senators. As lengthy as that summary of the There being no objection, the mate- Fifteen of the House-passed measures in- provisions in S. 2739 was, it reflects rial was ordered to be printed in the corporated into S. 2739 contain provisions RECORD, as follows: authorizing the appropriation of specific only a portion of the bills that have amounts targeted to specific entities or lo- U.S. SENATE, COMMITTEE ON ENERGY been considered in the Energy and Nat- calities. These authorizations are included in AND NATURAL RESOURCES, ural Resources Committee this Con- S. 2739 because they are part of the text of Washington, DC, March 11, 2008. gress. This package reflects only a first the House-passed bills. No Senator submitted Hon. HARRY REID, a request to me to include them. step of Energy Committee bills that Majority Leader, U.S. Senate, need to be considered this year. As Washington, DC. In the interest of furthering the trans- soon as S. 2739 is passed, I will assem- DEAR MR. LEADER: S. 2739, the Consoli- parency and accountability of the legislative ble a second package, with a similar dated Natural Resources Act of 2008, which I process, however, I have posted a list of the number of bills, containing legislation introduced yesterday, is a collection of 62 specific authorizations in S. 2739 on the Com- that has been approved by our com- separate legislative measures under the ju- mittee on Energy and Natural Resources’ website. The list includes the name of the mittee, but which has not yet come risdiction of the Committee on Energy and Natural Resources. The purpose of the bill is principal sponsor of the Senate companion over from the other body. Like this to facilitate consideration in the Senate of measure that corresponds to the House- package, the second bill will be a wide- the large and growing number of measures passed bill. A copy of the list is attached for ranging collection of authorizing meas- relating to protection of natural resources your convenience. ures. and preservation of our historic heritage I previously asked the principal sponsor of But regardless of whether the indi- that have been passed by the House of Rep- the Senate companion measure of each vidual items in that package are large resentatives and approved by the Committee House bill contained in S. 2483 to certify that or small, all these bills will have been on Energy and Natural Resources. Forty- neither the Senator nor the Senator’s imme- reported by our committee after a full three of the measures in S. 2739 consist of diate family has a pecuniary interest in the the text of separate bills passed by the House item, and have posted the certifications I public process. I know many Senators of Representatives, twelve are drawn from who have bills that will be, in fact, in have received on the Committee’s website. separate titles, subtitles, or sections of two All certifications received in relation to S. that second package rather than in other House-passed bills, and two are House- 2483 remain on the Committee’s website, this first package and are eager for us passed concurrent resolutions. Only one pro- where they are available for public inspec- to move ahead. I would point out the vision, section 482, contains new matter that tion in accordance with paragraph 6 of Rule New Mexico-specific bills I have spon- has not passed the House of Representatives. XLIV. I have not received any requests for While S. 2739 incorporates a number of pro- new congressionally directed spending items sored will be in that second package; visions of S. 2483, the National Forests, to be included in S. 2739. they are not in the legislation before Parks, Public Land, and Reclamation us today. So I share in that desire to Projects Authorization Act of 2007, which I Thus, in accordance with Rule XLIV of the move expeditiously, and I look forward introduced three months ago, on December Standing Rules of the Senate, I hereby cer- to working with Senator DOMENICI and 14, 2007, there are a number of differences be- tify that each congressionally directed the majority leader and, of course, the tween the bills that are dictated by the spending item in S. 2739 has been identified Republican Leader as well to try to get amount of time that has elapsed since last through a list and that the list was posted on the Committee’s publicly accessible website that second package ready for floor December and by action that has since taken place in the House of Representatives. Two at approximately 3 p.m. on March 11, 2008. consideration as soon as possible. of the sections included in S. 2483 last De- Sincerely, Senate rule XLIV requires the chair- cember were subsequently enacted into law JEFF BINGAMAN, man of the committee of jurisdiction as part of the Consolidated Appropriations Chairman. to certify that each Congressionally di- Act, 2008, Public Law 110–161, and, accord- rected spending item in any bill com- ingly, have been left out of S. 2739. Eight new COMMITTEE ON ENERGY AND NATURAL RE- ing before the Senate has been identi- provisions, drawn from eight separate House bills or resolutions, have been added. Two of SOURCES CONGRESSIONALLY DIRECTED fied and disclosed on a publicly acces- SPENDING ITEM CERTIFICATION PURSUANT sible Congressional Web site. The rule the effective dates in title VIII of S. 2483 have been extended in S. 2739 in light of the TO RULE XLIV OF THE STANDING RULES OF defines ‘‘congressionally directed passage of time since S. 2483 was introduced. THE SENATE spending items’’ as spending items ‘‘in- In addition, minor modifications were made S. 2739—THE CONSOLIDATED NATURAL cluded primarily at the request of a in a few other provisions. RESOURCES ACT OF 2008 Senator.’’ Although S. 2739 has not been referred to Although I included none of the the Committee on Energy and Natural Re- Provisions in S. 2739 authorizing appropria- House-passed bills in S. 2739, primarily sources, all of the House bills that make up tions in a specific amount for expenditure with or to an entity or targeted to a specific at the request of a Senator, in the in- S. 2739 or their Senate companions have ei- ther been reported or ordered reported by the State, locality, or congressional district, terests of full disclosure I have pro- Committee. other than through a statutory or adminis- vided a list of all spending authoriza- Rule XLIV of the Standing Rules of the trative formula-driven or competitive award tions for specific amounts targeted to Senate provides that, before proceeding to process:

Principal sponsor Section Program or entity State of Senate bill

314(c) ...... Acadia National Park ...... ME ...... Collins. 333(e) ...... American Latino Museum Commission ...... DC ...... Salazar. 334(j) ...... Hudson-Fulton and Champlain Commissions ...... NY & VT ...... Clinton. 342(1) ...... Lewis & Clark Visitor Center ...... NE ...... Hagel. 409 ...... Hallowed Ground National Heritage Area ...... VA ...... Warner. 430 ...... Niagara Falls National Heritage Area ...... NY ...... Schumer. 449 ...... Abraham Lincoln National Heritage Area ...... IL ...... Durbin. 461 ...... Multiple National Heritage Areas ...... OH, PA, MA, SC ...... Voinovich WV, TN, GA, IA, & NY ...... none. 504(d) ...... Watkins Dam ...... UT ...... Hatch. 505 ...... New Mexico water planning assistance ...... NM ...... Domenici.

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Principal sponsor Section Program or entity State of Senate bill

509 ...... Multiple Oregon water projects ...... OR ...... Smith/Wyden. 511 ...... Eastern Municipal Water District ...... CA ...... Feinstein. 512 ...... Bay Area water recycling program ...... CA ...... Feinstein. 515(b)(6) ...... Platte River ...... NE. WY, CO ...... Nelson (of NE). 516(c) ...... Central Oklahoma Master Conservancy District ...... OK ...... Inhofe.

Mr. BINGAMAN. While I have pre- While I am pleased my colleague’s the executive branch charged with that viously tried to describe all the provi- concern about the unanimous consent task maintain a proper balance be- sions in the package, I believe the indi- process on an earlier version of this bill tween the Federal, State, and local in- vidual sponsors can better describe the has been resolved, I nevertheless re- terests. merits of some of their specific provi- main concerned about the ability of In addition, the committee oversees sions. I am sure many of them will the Energy and Natural Resources all matters related to U.S. territories, want to do so. Committee to conduct its business and , and the Virgin Islands. Passage of S. 2739 will not only allow that of the Members of the Senate. In Because the jurisdiction is vast, the us to send this to the House and then addition to the 62 measures in this bill, number of bills the Energy and Natural to the President, it will also allow us we have reported over 40 other bills Resources Committee considers each to move forward and address the many that still need to be considered, and we Congress generally far exceeds that of legislative pending requests within our simply do not have sufficient floor other Senate committees. Energy and Natural Resources Com- time to consider each of those bills in- In the 109th Congress alone, a total of mittee that have been awaiting consid- dividually. 491 bills and resolutions have been re- eration behind this bill. Typically, we have passed these bills ferred to the committee for consider- I think it is important to remember by unanimous consent after having ation. Most of these measures, as with all the individual provisions included worked out any objections by indi- the measures that are embodied in 2739, in the package were previously ap- vidual Senators to specific provisions. the bill currently before us, are re- proved by the House of Representa- Yet that process we have used for years quired because the administrative tives. I know in a few minutes the Sen- to get these types of bills passed has agencies either have not taken action ate will also be considering four ground to a halt because of the generic in addressing such things as boundary amendments that have not been ap- objections about authorizations from adjustments, land exchanges, or other proved either in the House or by our the junior Senator from Oklahoma. matters relating to Federal lands, as Energy and Natural Resources Com- When I, as chairman, and now Sen- Senators feel are necessary within mittee. ator BINGAMAN as chairman, have tried their States. But in the 109th, we To ensure that we do not jeopardize to address the objections, we have been passed fewer than half of what we the enactment of S. 2739, I will be op- met with new ones each time we think should have historically passed in pre- posing all those amendments, and I we have resolved the issue. Frankly, I vious Congresses because of the Sen- will urge my colleagues to do so as believe much of this problem can be at- ator from Oklahoma’s objections. I am well, so we can finally pass this bill in tributed to a lack of understanding hoping together we are learning and a form the House can quickly pass and about the jurisdiction of the com- the Senator from Oklahoma will work send to the President for his signature. mittee, the importance of its business with us and understand all these bills As I indicated before, I know Senator in ensuring proper management of our are authorization bills, authorizing DOMENICI wishes to make a statement. Nation’s natural resource treasures. A bills. They do not spend money until I yield the floor. bit of history would shed some light on something else is done. The PRESIDING OFFICER. The Sen- the reasons for many Senators’ frustra- Money must be appropriated or spent ator from New Mexico. tion and is certainly something that by some committee or administrative Mr. DOMENICI. Mr. President, I wish deserves attention. body if it has authority because these to thank Senator BINGAMAN. The Energy and Natural Resources bills authorize, they do not appro- I rise today in support of S. 2739, the Committee began as a public lands priate. The futile exercise ignores the Consolidated Natural Resources Act of committee nearly 200 years ago, pro- balance between authorizing commit- 2008. This bill is a collection of 62 indi- viding oversight over the lands ac- tees and appropriations committees; vidual measures that were in the En- quired in the Louisiana Purchase. It that is, the futile exercise that has ergy and Natural Resources Committee was one of the first standing commit- been put upon us by the Senator from that have been considered favorably tees in the Senate. Over the years its Oklahoma over the last 21⁄2 years. and reported to the Senate. jurisdiction obviously has expanded to Let me pursue this point a little fur- Packaging individual bills into a sin- include energy issues as well, but eas- ther, Mr. President. gle bill is not typically the way we get ily more than half the committee’s The Constitution says, ‘‘No Money the natural resources side of the En- business continues to be public lands shall be drawn from the Treasury, but ergy Committee business done. It is issues. in Consequence of Appropriations made not my preference to do it this way. Those of you who have served on the by Law. . . .’’ Note that the Constitu- However, our customary procedure has committee know this includes every- tion says, ‘‘appropriations.’’ Under been turned on its head since the be- thing from our national parks and most circumstances, an authorization ginning of the 109th Congress, and the monuments to all the Bureau of Rec- does not compel an appropriation of fact that we are here considering this lamation water projects. The com- money from the Treasury. So, as I have bill on the floor today reflects the frus- mittee oversees the management of the attempted to reason with the Senator tration of many Members in this re- Department of Interior and the Forest from Oklahoma, authorizations that gard. Service, of 535 million acres of land, involve the HOPE of appropriations I have served on this committee for and includes 58 national parks, 88 na- occur all the time in this body. Most of over 30 years, 4 of those as chairman tional monuments, including those on the time, appropriations fall far short and the past 2 as ranking Republican the Mall, and over 428 million acres of of the authorized level of spending. A member. The recent controversy over wilderness areas. This is over 30 per- case in point is the decision of Con- consideration of this bill is simply a cent of the total area of the United gress to not spend as much money on continuation of the efforts by the jun- States. No Child Left Behind as the authoriza- ior Senator from Oklahoma, since the The committee also has oversight of tion bill would have allowed. In some beginning of the 109th Congress, to the Bureau of Reclamation projects cases, appropriations are made in the frustrate, in my opinion, the legiti- that include more than 600 dams and absence of authorization. So, clearly, mate business of this committee and reservoirs, including Hoover and Grand the passage of these lands bills compels the Senate in maintaining proper over- Coulee Dams. Our job is to make sure no appropriations bill in the future, sight over the stewardship of Federal our national treasures are properly and, thus, no point of order under the lands. managed and that the departments of Congressional Budget Act lies against

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Let’s be clear here: these er, and we will try our best to do the him for all of his work to protect our are authorization bills, they compel no next one sooner rather than later. treasured national parks. appropriations in most cases, and In the face of all of this, I cannot in The legislation also includes another spending to carry out the intent of the good conscience vote to delay passage bill to study the Columbia Pacific Nat- vast majority of these bills is con- of at least some of the bills that we ural Heritage Area, something that has tained in the salaries and expenses of have worked so hard on in the com- been of great importance to local com- the Departments within whose jurisdic- mittee and that are packaged in S. munities. It also includes important tion these matters lie. So, the premise 2739. The amendments the Senator has legislation for my home State to pro- of the Senator from Oklahoma—that filed under the unanimous agreement tect our water resources. these bills will inflate spending and in- are sweeping generic changes to as- It is important to note that our work crease the deficit—is fundamentally pects of Federal land management. cannot be considered done with this flawed. While aspects of some of them may legislation. There is another public As I have noted, most of these meas- have merit, they should only be consid- lands package reflecting the work of ures have no direct cost to the Treas- ered through the committee process many Senators in the Energy and Nat- ury; rather, they set priorities for the where the substance and consequences ural Resources Committee which also Departments for the use of their ad- can be illuminated and debated in contains a number of important pieces ministrative budgets that will be ap- hearings. I doubt that there is any Sen- of legislation that have strong bipar- propriated each year. But one of the ator, including me, who is 100 percent tisan support. Among those bills are principal objections the Senator from supportive of every line in these bills two measures vitally important to the Oklahoma has raised to all the bills the that compose S. 2739; but, as with ev- people of my home State: the Lewis committee has is they cost too much erything else we do around here, there and Clark Mount Hood Wilderness Act money or, as he puts it: They will some had to be give and take on both sides of of 2007 and the Copper Salmon Wilder- day cost money. the aisle to come to agreement on ness Act. That is why it is my view That may be true. But the Congres- many of these measures. And since it that the Senate should move quickly sional Budget Office reports on most of has not been my experience that we on today’s legislation, S. 2739, and these bills that the administrative will ever be able to satisfy the junior then, with the bipartisan leadership of costs to implement them would be neg- Senator from Oklahoma, I recommend Chairman BINGAMAN and Senator ligible. In the rare instance where the that we proceed to pass this bill with- DOMENICI and colleagues on both sides bill would require significant re- out amendment. of the aisle, go forward with other sources, no action could be taken un- I yield the floor and thank Senator measures that have been, regrettably, less there were additional appropria- BINGAMAN for yielding to me. stalled for much of this Congress. tions. The PRESIDING OFFICER. The Sen- I have been to the floor before to So, basically, there have been no rea- ator from Oregon. speak about the Mount Hood Wilder- sons for holding up these bills. The Mr. WYDEN. Mr. President, I wished ness Act. This is a thoroughly bipar- business of the Committee that is be- to begin this morning by thanking tisan piece of legislation that I and fore us in this bill should have been Chairman BINGAMAN for his public as- Senator SMITH have worked on for able to have been taken a long time surance today that S. 2739, the Consoli- many years. It passed unanimously out ago. I do not believe the judgment re- dated Natural Resources Act of 2008, of the Energy and Natural Resources garding park boundaries in Wyoming, a will not be the final public lands bill Committee. Regrettably, it has been land exchange in Arizona, a water taken up by the Senate this year. held up for many months now. Mount project in Colorado, should supplant I know that is going to be encour- Hood is one of the most photographed that of the 23 members of the com- aging news to the people of my home and visited wild places in the United mittee—that one Senator should sup- State who, in particular, want to see States. The legislation we have written plant that. our treasured Mount Hood receive addi- to protect this icon is the result of Those 23 members of this committee tional protection and want to make many meetings, scores of discussions make their judgments on information sure its scenic beauty will be preserved from a diverse number of Oregonians. compiled by a professional staff with a for future generations. They are anxious to see this legislation combined service of relevant depart- As the chair of the Subcommittee on moved forward. That is why it is so im- ments in Congress of over 70 years on Public Lands and Forests, I know first- portant that the Senate act after the the Republican staff side alone. They hand how important these public lands Senate passes S. 2739. Countless Orego- spend a great deal of time on these bills are to folks in the States where nians and other westerners have been bills. They know more than anyone the lands are located. There are several frustrated to see all their years’ efforts else. They give that knowledge to us, pieces of legislation that involve my to enact new wilderness protections for the 23 members, and we vote. It is not home State. The proposals contained in Mount Hood, which has passed the Sen- as if these bills are put together, this bill have all passed the House, ate Natural Resources Committee, get brought here, much time, effort and passed the Senate Energy and Natural stalled here on the floor. money and resources are put into them Resources Committee, and I hope they As I have noted in the past, the bill before they are put together and before will become law. to protect scenic areas as Lewis and we ask the Senate to pass them. I hope I especially express my appreciation Clark first saw them has now taken we will not find ourselves in this bind to the distinguished senior Senator longer to get through the Senate than again. from Washington, Mrs. MURRAY, who it took Lewis and Clark to get to Or- We have four amendments offered by has toiled month after month after egon. Our constituents don’t under- the junior Senator from Oklahoma. I month on her extraordinarily impor- stand how a bill that has such strong have seen them all. I do not think any tant wild sky wilderness legislation. bipartisan support is being held up. of them have received appropriate She, of course, is joined in that by our They don’t want to see it held hostage, hearings. I do not think any of them colleague Senator CANTWELL. This is not for partisan politics or for any have had the study that goes into the going to be something of great pride to other reason. They also feel that Cop- bill, that are in this bill before us. For all of us in the Pacific Northwest. I per Salmon is a gem that deserves pro- that reason and many others, I do not congratulate Senator MURRAY and Sen- tection. intend to vote for them. ator CANTWELL on their efforts. The bipartisan legislation to protect I do thank the Senator from Okla- Today, though, as we deal with S. Mount Hood builds on existing Mount homa, the junior Senator, for finally 2739, we also include in that legislation Hood wilderness but adds more wild arriving at something that will con- that I authored, referred to by Chair- and scenic rivers and provides a recre- clude the matter. It will be concluded man BINGAMAN, the Park Service au- ation area to allow diverse recreational today, and many Senators will be thority to enter into cooperative agree- opportunities. We would protect the

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Mr. President, I have small area that supposedly doesn’t cost free-flowing stretchers of rivers would listened patiently to what has been much money. It hasn’t been scored, but be added to the National Wild and Sce- said. One of the things that has to be those things in it that have been nic River system. From what Senator stated, if we want to change the rules scored, it is over $350 million per year, SMITH and I hear about our legislation of the Senate, that is fine, but it is im- a third of a billion dollars. What are we and the places we have proposed for portant for the American people to talking about? This debate is about wilderness protection—and we have know what a unanimous consent re- whether we face up to the priorities in talked to local community leaders, to quest is. This bill contains 26 separate front of us as a nation. It is not about environmentalists, to timber and min- pieces of legislation where on over four being against parks. It is not about ing interests—we believe we have got- dozen of them we have had no objection being against the process. It is about ten this legislation right. whatsoever, ever. Not one time have we making sure somebody in this body is The bill responds to the thousands of raised any objection. But a unanimous standing up thinking about the future comments I have received on both of consent request says, No. 1, you agree finances of this country and what we my previous efforts to protect Mount with the legislation. No. 2, you don’t are going to do to our children. This is Hood, input at public meetings held in think it should be amended. No. 3, you another example of what I believe—and Oregon, and letters and phone calls. I don’t think the Senate ought to vote I know I am in the minority—is a mis- have met with over 100 community on it. We have a major difference of placed priority. How do we justify it, groups and local government leaders, opinion about what priorities are and when we own, as the Senator from New members of our congressional delega- what they should be. Mexico said, 30 percent—I thought it tion, the Governor and the Bush ad- I heard the distinguished Senator was 38.5 percent—of all the land in the ministration. Among the comments we from New Mexico talk about frustra- country? When we are not taking care got was a resounding cry for additional tion. Who is watching out for the frus- of the land we have, how do we justify wilderness, particularly more rec- tration a child born today, encom- adding more land? We added 90 million reational opportunities. passing $400,000 of unfunded liabilities, acres to Federal Government property There are currently 189,200 acres of is going to have when that bill comes in the last 8 years. That is 90 million designated wilderness on the Mount due? Where is the worry about the frus- acres that are taken off the property Hood National Forest. The legislation tration for future generations? People rolls of communities and States. We we are talking about would increase say this is noncontroversial. Let me take it away. We control it, and then that amount by about 126,000 new acres we don’t take care of it. But now we tell you, it is controversial when you of wilderness. These protections, pro- are adding more. We are doing it more. are talking about infringing on the tections for such important Oregon Let’s talk about some of the issues. property rights of people without their places, should not be held up by proce- This is a noncontroversial bill is what permission. That is controversial. We dural wrangling. It is one thing if there we have heard. How about $2 million of have a difference of opinion on that. is any sense on a piece of legislation in- our kids’ money to celebrate the 200th volving wilderness of significant inter- We think heritage areas and the dis- anniversary of Robert Fulton and the est groups not being consulted, not claiming of heritage area has no im- Claremont? At a time when this year being allowed to participate. I can see pact on property rights. we are going to borrow $600 billion, we That is absolutely untrue. It does im- every reason to hold up that kind of are going to spend $2 million on a cele- pact. Property rights are a real right legislation. But when everybody feels bration? Why don’t we celebrate the guaranteed in this country. We are they have been consulted, you have fact that we are going to put our kids complete bipartisan support from the going to set up boards that will influ- in debt more? That is what we should State and the Natural Resources Com- ence, with the money we give them, be celebrating, if we are so proud of mittee, we ought to be in a position to private property use and utilization this. How about $2 million to create a move forward. without an equal influence by the pri- commission to celebrate the 400th an- I am going to repeat today what I vate property owners. We do have a dif- niversary of the voyage of the Cham- have said before: My doors are open to ference of opinion. plain. Do we have $2 million to throw every Member of the Senate on this At the end of this fiscal year, Sep- away? We are going to throw that away legislation and everything else. If you tember 30, the accrued actual debt on on something that is not important, want to get anything important done, the books for this country will become considering where we are in this Na- you have to work with colleagues. If $10 trillion. We are going to add $3,000— tion and the debt and the heritage we there are additional objections to Sen- 2,800 and some odd dollars—per man, are going to leave our children. You ator SMITH and me moving forward woman, and child at the end of this bet we have a difference of opinion. with the Mount Hood legislation, we year to the debt. People say it is non- The American people want us to want anybody who has an objection to controversial. Four dozen of these are start thinking in the long term, not come to us, because we will meet them noncontroversial. But this idea that we the short term. Do we look good if we halfway in an effort to try to address have to authorize, it is either a wink have done all these bills back home? their concerns. But we have to do what and a nod, or we are totally dishonest You bet. We wink and nod and say: We Chairman BINGAMAN has pledged today, with the American people. If we are au- are doing it. Either we are going to ap- and that is to have an additional pack- thorizing it, we intend to spend the propriate the money or we were dis- age of bills that is so important. I money. We wouldn’t be authorizing it honest with them in the first place. We know the distinguished chairman from if we didn’t intend to spend the money. are going to spend the money. How do New Mexico has measures that are im- My objections are not that we do the we walk out of here and say: We got portant to him. He has brought a bill right things for protecting our parks or you what you wanted? We do not really to the floor of the Senate today be- creating the right environments in our intend to spend the money—unless we cause he wants to help all of the com- forests and ensuring that the great really do intend to spend the money, so munities across this country that have treasures of our country are not pro- then it really does make a difference, worked to try to address these issues. I tected. I want to make sure they are and we cannot maintain what we have. commend Chairman BINGAMAN for it. available. But to claim, when we have There was a very wise historian, his Frankly, I respect his selflessness in a $9 billion deficit in terms of back- name was Alexander Tytler. This is at- this effort. But we have to move on logged work in our parks right now, as tributed to him. I am not sure it is after we act today. documented by the U.S. Park Service, really his, but the words were spoken. I hope this legislation will pass $9 billion of work that needs to get They are not mine, but it is very apro- quickly, that it will then be possible done that we can’t get done, to say this pos for where we are, not just on this

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I think it is time for us to start what is in the long-term best interests leave the Senate, what I will take to thinking about the long-term in this of the country, as we satisfy looking my grave—is not being good enough to country and not the short-term politi- good at home to ensure our next elec- convince us to do what we swore an cally expedience that says we look tion is put ahead of the next genera- oath to do, and that is to think long- good at home. tion of this country. term, think what is best for our coun- Here is what Tytler said: A democ- I am not going to participate in that. try, not what is best for our State; racy cannot exist as a permanent form I am going to continue to work to think what is best for our children, not of government. It can only exist until make sure any piece of legislation that what is best for us; think what is best the voters discover that they can vote comes to this floor is thinking about for our country, not what is best for themselves largess from the public the long-term, not the short-term. If our party; think what is best for Amer- treasury. From that time on, the ma- that creates ill will among my col- ica. We are losing. Consequently, we jority always votes for the candidates leagues, I apologize in advance. I would see it happening in our country. promising the most benefits—we got much rather be remembered as some- So it is time to really clarify what you done what you want done at home; body who was interested in protecting this debate is about. It is really not whether we can afford it or not does the future of our children than playing about a lands bill; it is about the phi- not matter, but we got it done—with nice in the Senate. As Phil Gramm losophy where we continue to work and the result that a democracy always said: I didn’t come here to make run like a loose barge in the Mis- collapses due to loose fiscal policy, al- friends, and I haven’t been dis- sissippi River that does not have a tug ways followed by a dictatorship. appointed. associated with it. Are we going to do That is the history of the world. We The real fact is, what did we all come that? Because that is what is hap- are contributing to our own demise as here for? We all came here with that in pening. we think short-term political expedi- mind, to do what is best in the long- One amendment I am going to be of- ency so we can look good at home, so term interests of our country. It is im- fering just says we ought to know what we can satisfy demands at home. portant for us to be reminded when we things cost. How much land do we have Will Durant said: are not doing that. There can be a dif- and how much does it cost to have it? A great civilization is [never] conquered ference of opinion about priorities. We are going to have it objected to, not from without until it has destroyed itself There cannot be a difference of opinion because it is not common sense but be- [from] within. about the amount of trouble we are in. cause we are afraid the whole package We have now $79 trillion worth of un- There is no difference of opinion in might not get accepted if something funded liabilities that we are getting terms of trouble. It does not matter common sense is in it like knowing ready to lay on our kids and grandkids, how we got here. The fact is, we are how much our land costs us, knowing and we are not thinking a thing about here. We are in trouble. how much land we have, having an in- probably $1 billion with this bill of new How is it that we put a delegate for ventory, and making a judgment, a additional expenditures for next year, an island territory in this bill that has metric about what we are doing. No- if it gets appropriated. It is the price of 60,000 residents that we are going to body is thinking the big picture. We doing business in Washington. We do put $5.6 million into over the next 3 are thinking the political picture. So not have that luxury anymore. We do years? That we are going to create an- here is the amendment. It is not going not have the luxury of mortgaging the other delegate—what does that have to to go anywhere, most likely, but it ab- future of our children anymore. do with natural resources and lands? solutely makes common sense that we Why is the dollar at a historic low How did that get in here? would do that, that we would know all right now? Is it because we are in a We have added an intermodal trans- the properties we own. slowdown or a recession? Is that it? No. portation center in Trenton, ME. It au- We have another amendment that is It does not have anything to do with it. thorizes the Federal Government to going to say that citizens have to give It has to do with the world confidence pay 40 percent of it, no matter what it their approval when somebody comes in our ability to repay our debt and the costs. There is no limitation that this onto their land who does not own their debt the rest of the world sees coming will be a competitively bid contract. land—just basic property rights saying: to us, which comes out to, if you were No matter what it costs, we are on the If somebody is going to set up a herit- born today, $400,000 over your lifetime. hook for 40 percent of whatever it age area, they ought to get permission Now, how many of us have children or costs. And we are on the hook for 85 to come onto private land, if it is your grandchildren who could absorb just percent of what it will cost to run it land and somebody is coming on it. We the interest on $400,000? A few, but thereafter. The only problem is, there take that right away in heritage areas. most of us could not do that. are three other visitor centers within It is gone. They do not have to do it. It So this debate is a philosophical de- walking distance of this one. But we is a commonsense amendment that bate. I am not worried about being a wanted to do it. says if you own land, you ought to have source of frustration in the Senate. I I could go on and on and on. The fact the right that is guaranteed you under am worried about the future of our is, this debate is not about process. It the Constitution to have your land pro- country, and if I create some scrapes may be to you, but it is not to me. This tected. It is your land. and bruises on my way to wake us up debate, for me, is whether we are going We have so much unwanted property to what the American people want us to change our behavior at every point where all the land agencies want a way to do—which is think long-term, fix to start thinking about the long-term to get rid of it, but yet they cannot. the structural problems, and quit pan- future of this country. They cannot. They do not even have dering back to our individual desires in I have the greatest respect for Chair- the money to get rid of it. So there is the State—this Congress has become a man BINGAMAN. He has been an abso- an amendment that says: Let’s take 1 parochial Congress. It is more impor- lute gentleman to me in every way in percent of the cost of this bill and tant to do what is right for your State every dealing. But we have a philo- allow the different agencies to get rid than it is for what is right for the sophical difference. He is charged to of the excess properties they have. It is country. How dare us. That has noth- move bills out, to get things done. not complicated. ing to do with our oath. None of us has Most of them that have no cost he will The other thing is, we are going to our State mentioned in the oath we readily agree I have had no objection offer an amendment requiring that take when we accept this office. to. He knows that. We have not tried to citizens within a national heritage area So we are about to pass 62 pieces of block those. But they are combined are informed of the designation before legislation, none of which had a hear- with the other bills because they know it happens. If we are going to pass a ing until after they passed out of the that is a force to create the votes, to law that is going to impact somebody’s committee—17 hearings post coming get things that might be somewhat private property, shouldn’t we tell out of the committee. As to saying we more controversial spending. That is them ahead of time? Shouldn’t they have to meet this because it is bipar- his job. I understand that. have notice? Shouldn’t they have the

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2868 CONGRESSIONAL RECORD — SENATE April 10, 2008 rights guaranteed to them under the National parks in Wyoming: a $205 (2) EXTENSION RELATING TO CERTAIN SEG- Constitution? million maintenance backlog. That is MENT OF REPORT.—With respect to the date I have spoken enough, but I think Yellowstone, Grand Teton, Devils on which the first annual report is required under the guise of the lands bill I have Tower. Yellowstone has a $130 million to be posted under paragraph (1), if the Di- rector determines that an additional period explained the real problem. There is a backlog. It is one of our great treas- of time is required to gather the information difference of philosophy. I will not stop ured western assets. Everybody who required under subsection (b)(3)(B), the Di- fighting until we start thinking about visits there has total enjoyment from rector may— the long-term problems facing this it, and yet it has a $130 million backlog (A) as of the date described in paragraph country. which we have not addressed. (1), post each segment of information re- I will not stop objecting to spending There are no increased authoriza- quired under paragraphs (1), (2), and (3)(A) of money that we know we intend to tions for maintenance backlogs. Gla- subsection (b); and spend. We are just playing the game cier National Park in Montana, a back- (B) as of May 15, 2010, post the segment of that: Oh, it is not an appropriation. information required under subsection log of $400 million; Washington, DC, (b)(3)(B). Well, almost 30 percent of the appro- home to our monuments, a $371-million (b) REQUIRED INFORMATION.—An annual re- priations are not authorized. So you maintenance backlog; New Mexico, $41 port described in subsection (a) shall con- cannot have it both ways. A third of million; Arizona, $192 million. The Na- tain, for the period covered by the report— the money we appropriate under the tional Parks Conservation Association (1) a description of the total quantity of— appropriations process is not author- said this: The average budget shortfall (A) land located within the jurisdiction of ized to begin with. So authorizations among 100 park units is 32 percent. In the United States, to be expressed in acres; actually do not mean anything, do (B) the land described in subparagraph (A) other words, we are supplying two- that is owned by the Federal Government, to they? Or do they? Yes, they do, because thirds of what they need to maintain be expressed— they are not going to get appropriated, their parks adequately, and with this (i) in acres; and or they are, and if they are, we ought bill we are going to be adding to all (ii) as a percentage of the quantity de- to be talking about real money that is that and other lands other things they scribed in subparagraph (A); and going to be spent. are going to have to be doing because (C) the land described in subparagraph (B) I want to talk for a minute about the of this bill, but we are not going to ad- that is located in each State, to be ex- backlogs in our parks because I think dress the real needs. pressed, with respect to each State— if the American people knew it, they Each of the new projects in this bill (i) in acres; and would not stand for it until we did (ii) as a percentage of the quantity de- will siphon funds away one way or the scribed in subparagraph (B); something. The National Park Service other, directly or indirectly, from (2) a description of the total annual cost to faces, right now, a $9 billion backlog. these important projects. Are we good the Federal Government for maintaining all That is their number. That is not TOM stewards if we add things to be stew- parcels of administrative land and all admin- COBURN’s number. That is their num- ards of when we are not caring for the istrative buildings or structures under the ber, a $9 billion backlog. With this leg- things we have already? jurisdiction of each Federal agency; and islation, they are going to take on There was a wise man who once said: (3) a list and detailed summary of— more responsibility with no increased He who is faithful with small things (A) with respect to each Federal agency— funds, which means the backlog is (i) the number of unused or vacant assets; will be faithful with big things. I would (ii) the replacement value for each unused going to grow. surmise and put forward to this body or vacant asset; The Facilities Management Division that we have not been good stewards (iii) the total operating costs for each un- of the National Park Service reveals with what we have already. Yet we are used or vacant asset; and there are at least 10 States where Na- going to add to them. (iv) the length of time that each type of tional Park Service maintenance back- AMENDMENT NO. 4522 asset described in clause (i) has been unused logs exceed $100 million per park—$100 Mr. President, I call up amendment or vacant, organized in categories comprised of periods of— million per park. Twenty States have No. 4522, and I ask unanimous consent facilities with deferred maintenance (I) not more than 1 year; that it be read and that Mr. MCCAIN be (II) not less than 1, but not more than 2, exceeding $50 million. That does not in- added as a cosponsor of that amend- years; and clude road maintenance, which is far ment. (III) not less than 2 years; and higher. None of these numbers include The PRESIDING OFFICER. Is there (B) the estimated costs to the Federal Gov- the road maintenance we have not sup- objection? Without objection, it is so ernment of the maintenance backlog of each plied the money for either. ordered. Federal agency, to be— They maintain 1,466 buildings built The clerk will report. (i) organized in categories comprised of before 1900 but do not have the money The bill clerk read as follows: buildings and structures; and to maintain them. They have 4,975 (ii) expressed as an aggregate cost. The Senator from Oklahoma [Mr. COBURN] (c) USE OF EXISTING ANNUAL REPORTS.—An buildings constructed before 1950 but proposes an amendment numbered 4522. annual report required under subsection (a) do not have the money to maintain Mr. COBURN. Mr. President, I ask may be comprised of any annual report relat- them. They have 2,500 fixed assets— unanimous consent that reading of the ing to the management of Federal real prop- 2,500 fixed assets—they do not want but amendment be dispensed with. erty that is published by a Federal agency. this committee will not create a way The PRESIDING OFFICER. Without Mr. COBURN. Mr. President, this is a for them to get rid of. They are still objection, it is so ordered. straightforward amendment. It re- spending money on 2,500 facilities— The amendment is as follows: quires an annual report of the Federal 2,500 different buildings—that they do (Purpose: To require the Director of the Of- Government detailing the amount of not want, that they spend money on fice of Management and Budget to deter- property the Federal Government owns every year, that they are not using, but mine on an annual basis the quantity of and the cost of Government and land- they have to keep it up. land that is owned by the Federal Govern- ownership to taxpayers. The National Park Service has 31 ment and the cost to taxpayers of the own- This is just a small chart that shows sites in California alone. They have a ership of the land) the amount of land the Federal Gov- State backlog, in California parks At the end, add the following: ernment owns. As my colleagues can alone, of $584 million, exclusive of any TITLE IX—MISCELLANEOUS see, two-thirds of the Western United roadwork. California is home to many SEC. 901 ANNUAL REPORT RELATING TO LAND States is owned by the Federal Govern- of our treasures: Yosemite, Golden OWNED BY FEDERAL GOVERNMENT. ment in one form or another. It recog- Gate, Sequoia. (a) ANNUAL REPORT.— nizes all of the core land, the parkland, New York national parks: They face (1) IN GENERAL.—Subject to paragraph (2), the forest land, the heritage areas that a $347 million backlog—$347 million— not later than May 15, 2009, and annually are not—it doesn’t recognize the herit- home to Ellis Island, the Statue of Lib- thereafter, the Director of the Office of Man- age areas that we don’t own, but it agement and Budget (referred to in this sec- erty. The Statue of Liberty has a main- tion as the ‘‘Director’’) shall ensure that a does recognize all the land holdings. tenance backlog of $185 million, work report that contains the information de- Nobody has a metric on what we own. that needs to be done on it. We are not scribed in subsection (b) is posted on a pub- Not any one agency knows what we doing it. licly available website. own in total, nor does anybody know

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The report would specifi- ernment owns? It is just common tion that the Department of Defense cally include the total amount of land sense. If we want to manage our re- might wish to withhold or the Depart- in the United States and the percent- sources and manage our properties, ment of Energy or the CIA or any other age that is owned by the Federal Gov- then we have to know what it is and agency that has a national security re- ernment; the percentage of all U.S. what it costs, but we don’t. We don’t sponsibility. property that is controlled by the Fed- use zero-based budgeting. Whatever While there is certainly room for im- eral Government—not necessarily they spent last year, they just ask for provement in Federal property man- owned, but controlled—the total cost more. At the end of the year, if it is agement—and in that regard I agree of operating and maintaining Federal not all spent, they make sure they with the Senator from Oklahoma—I do real property, including land, buildings spend it; otherwise, they are liable to not believe we are ready to act on this and structures; a list of all Federal get a cut. So we are not putting the amendment at this time or adopt this property that is unused and vacant— money in based on what we know the amendment. I believe compliance with because why should we continue to need is; we are putting the money in the amendment would be very burden- maintain properties that are unused based on a historical record that is ob- some, time consuming, and expensive, and vacant—including all buildings and viously failing to maintain our na- and, of course, it is a responsibility structures; and the estimated cost of tional parks. that would have to be updated each the maintenance backlog at each Fed- I will discontinue with any further year. eral agency with regard to their land debate on this amendment and yield to My own view is, this amendment, if holdings. the chairman of the committee. I proposed as a freestanding bill, would What this will do is give the tax- would just say commonsense knowl- not be referred to our committee, not payers some transparency about the edge about what we own and what it the Energy and Natural Resources real nature of what we are doing. We costs us is something the American Committee. I believe it would be re- are going down an alley blindly. We taxpayer ought to have, and to vote ferred to the Homeland Security Com- don’t know what the cost is. We don’t against this for some reason because mittee because they have Government- know what the total is. We certainly we can’t goes back to the same philo- wide responsibility. We have no idea don’t know what we are creating when sophical argument. We are going to how much cost would be involved to we add more to it when we don’t know have the short-term excuse for the each agency in compiling this informa- the metrics on what we have already. long-term problem, and we are never tion for the Office of Management and One of the things we need is greater going to get out of this hole. Budget. I assume it would be a substan- accountability on the maintenance. It I yield the floor. tial cost, and it is not one that I think is strange to me that we can do what The PRESIDING OFFICER. The Sen- we should act upon with this bill with- we are doing with this bill and not al- ator from New Mexico. out any idea of that cost. ready know this information. Why Mr. BINGAMAN. Mr. President, let So my own preference, frankly, would we not know what our total land me respond on this particular amend- would be that if the Senator wishes to holdings are and what their costs are? ment that the Senator from Oklahoma have a report such as this developed, There are no requirements under cur- has presented or called up for consider- the appropriate way to proceed would rent law to require public disclosure of ation. be to go to the chairman and ranking the amount of land controlled by the The amendment does require the Di- member of the Homeland Security Federal Government or the cost of such rector of the Office of Management and Committee, ask for a hearing on this occupation to the taxpayers. There was Budget to post an annual report on the proposal, get that committee to look an Executive order issued in 2004 that Internet that details quite a few dif- seriously at what can be done to de- would require some of it to become ferent things. First, how much land is velop this kind of report, what cost is publicly available, but what this ‘‘within the jurisdiction of the United involved in developing this kind of re- amendment says is it all should be. It States;’’ second, how much of that land port, whether there are needs that na- is an inventory. Every other organiza- is owned by the Federal Government, tional security would require for put- tion, including the States, know what both in total and on a State-by-State ting some exemptions into this report they own, and they know the cost to basis; third, a description of how much so that we would not be putting on the manage what they own. It is called it costs to maintain all lands, build- Internet information that some of our management accountability. Trans- ings, and structures on an agency-by- national-security-related agencies parency is the thing that leads to ac- agency basis; fourth, extensive infor- would not want posted on the Internet. countability. mation on the number of unused and That would be the approach I would When the President directly required vacant assets and the value of oper- urge on my colleague. the Office of Management and Budget ating costs for each such vacant asset; So for all of those reasons, I oppose to release a high-level report giving a fifth, the estimated maintenance back- the amendment and urge my colleagues picture of property ownership between log of each Federal agency, presumably to oppose it when it comes to a vote. 2004 and 2005, the Government decided on these various assets. The PRESIDING OFFICER. The Sen- to stop releasing the information on The amendment does not just apply ator from New York is recognized. public domain lands. Wonder why that to national parks and national forests Mr. SCHUMER. Mr. President, I will is. What happened is 90 percent of the and reclamation projects and public defer to my colleague from Oklahoma. lands aren’t reported. So this amend- domain lands which, of course, our Mr. COBURN. Mr. President, would ment would legally require the Govern- committee would have jurisdiction of, my colleague yield for just a moment ment to release information on all land the Energy and Natural Resources so I may respond? it owns, how much it costs to main- Committee, but also the national wild- Mr. SCHUMER. I would be happy to. tain, and require the Government to life refuges, Indian trust lands, GSA Mr. COBURN. I want the chairman of track the growth of Federal landowner- properties, post offices, military bases the committee to know that we worked ship around the country. and facilities, veterans hospitals. And very closely with OMB as we developed This isn’t hard to do. Once you have those, of course, are under the jurisdic- this amendment. This is not a signifi- the database, all you do is add and sub- tion of other committees I do not serve cant cost because they have been gath- tract. The first year it will be tough. on. ering this data to a certain extent al- Every year after that it would not be To give a sense of the breadth of the ready. I would gladly take a second-de- hard at all. It is a computer program. amendment, the Office of Management gree amendment to offset any sensitive

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But what my col- corridor to become a world class des- charged by the full committee. The league has said is we really don’t want tination. But the attractions it offers heritage area has been studied now for to manage all of the properties because lack a comprehensive, unifying thread more than 7 years. It has broad public we don’t want to know. That is the im- that ties the elements together in a support, and it is time for it to become portant thing, that we can’t directly meaningful way for the visitor. law. manage them unless we do that. Designating the land a heritage area The $10 million authorized under this So I yield the floor. will help us link the existing sites of act should help Niagara Falls realize a Mr. SCHUMER. Mr. President, I interest in a coordinated fashion, substantial return on that investment. thank my colleague from Oklahoma, marking the region effectively, and at- First and foremost, any Federal ex- with whom I do not agree on many tract more visitors. It will promote penditures will be matched by State, things, but I know he speaks with in- collaboration among Federal, State, local, or private contributions, adding tegrity and from the heart. and local resources and help spur in- millions more to the investment in the I rise to speak in support of S. 2739, vestment and economic development in region. Second, it is estimated that imple- the Consolidated Natural Resources the region. menting the heritage area would at- Act of 2008, which we are working on. I Let me say that this heritage area tract 140,000 new visitors per year, and wish to thank my colleague from New has been years in the making. When I some estimates project that this would Mexico, Chairman BINGAMAN, and Vice first was elected to the Senate in 1999, infuse up to $20 million into the local Chairman DOMENICI for their leadership people in Niagara Falls said we have to economy annually. on this legislation. We have waited a do something. It probably surprises my With the summer tourist season fast long time for it. In the Senate we need colleagues that there is virtually no approaching, we are reminded that far to get just about everyone on board. Federal involvement at Niagara Falls, too many visitors only view Niagara Due to some Senators’ steadfastness, one of our greatest scenic wonders. We Falls from the Canadian side of the including Majority Leader REID’s, we tried to figure out the way to go. Some border. They have missed out on the are here today. advocated it should be a national park, history, culture, recreation, and nat- All provisions of the legislation are and there were other things. We con- ural beauty that is found in equal important, but there is one provision cluded that the heritage area is the measure on the New York side. This for western New York for which we right way to go. It will allow Federal legislation will take great strides in have waited a very long time, and that help to come to the region, Federal re- balancing that inequity and help revi- is the provision that would designate sources and experience, with planning talize an area of our country in need of land at thematic sites along the entire and linking the great wonder of Niag- investment and economic development. Niagara River corridor—from Buffalo ara Falls to other historic and tourist With that, I yield the floor and thank in the south to Lake Ontario in the attraction sites, but at the same time my colleague for working so long and north—as a national heritage area. it will allow the local region to main- hard with us to make this legislation Establishing this heritage area will tain control. today a reality. allow us to protect the world class nat- So in 2001, at my request, the NPS re- Mr. BINGAMAN. Mr. President, I be- ural resources of Niagara Falls while connaissance team visited the region lieve the Senator from Oklahoma has promoting tourism and economic de- and recommended a congressionally three additional amendments he wants velopment in the region. For the first 5 authorized study be undertaken to de- to present. I believe he has 30 minutes years of this heritage area, a Federal termine the best development strate- on his side and I have less than 15 on commission would work to implement gies for the area along the Niagara our side. I will defer to him to go a management plan to capture the full River. We asked them to look at the ahead, and then I will have a few min- benefits of the natural, historic, cul- heritage area. utes to respond. tural, and recreational resources of the In 2005, the National Parks Service The PRESIDING OFFICER (Mr. entire Niagara Falls region. completed that study. I thank the Park SALAZAR). The Senator from Oklahoma Known the world over, Niagara Falls, Service, because they certainly relied is recognized. of course, is a geological wonder that on local input. There was tremendous AMENDMENT NO. 4521 has drawn visitors for more than 200 local input here, so nobody in the Niag- Mr. COBURN. Mr. President, I think years. But the region has so much ara Falls area felt anything was being we will finish well before 2:15. That is more than just the profound drama of rammed down their throat. What they my hope. So if we are looking at votes, beautifully cascading waters. found—the Park Service—is strong I hope they will have some notice The Niagara River corrridor has local support for a heritage area, as about that time. I ask unanimous con- played an important role in our Na- well as a very great need for the re- sent to set aside the pending amend- tion’s history. Native American cul- sources it would offer. The report ment and bring up my amendment No. ture, early European exploration, the wrote: 4521, and I ask unanimous consent that French and Indian War, the American Senator MCCAIN be added as a cospon- In order for Niagara Falls to fulfill its stra- sor of the amendment. Revolution, the War of 1812, the Under- tegic role as a key regional attraction, it is The PRESIDING OFFICER. Without ground Railroad, and the development necessary for it to upgrade the visitor expe- of hydroelectric power all have strong rience to match the expectations of 21st cen- objection, it is so ordered. tury travelers. The clerk will report. connections to the region. The legislative clerk read as follows: Furthermore, the Niagara River cor- That sums up the challenge we face The Senator from Oklahoma [Mr. COBURN], ridor abounds with scenic beauty that in Niagara Falls. The study concluded for himself and Mr. MCCAIN, proposes an offers something for recreational en- that based on Niagara Falls’ natural amendment numbered 4521. thusiasts of all stripes. With numerous and cultural resources, the evidence of Mr. COBURN. I ask unanimous con- State parks in the area, hikers, fisher- a thematic framework, the potential sent that reading of the amendment be men, birders, and hunters flock to the for effective public and private part- dispensed with. region to enjoy its outdoor splendor. nerships, as well as strong public sup- The PRESIDING OFFICER. Without Despite these strong assets for tour- port, the region met the criteria for objection, it is so ordered. ism, visitors to the U.S. side of Niagara designation as a National Heritage The amendment is as follows: Falls have been on the decline for sev- Area. (Purpose: To require approval prior to the eral years. Too much of the New York Last May, the Subcommittee on Na- assumption of control by the Federal Gov- side of the border is marked by aging tional Parks held a hearing on this ernment of State property) infrastructure and blighted land. And issue, where I testified in support of At the end, add the following:

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2871 TITLE IX—MISCELLANEOUS domain, when the Government takes housing, and the promotion of values, SEC. 901. REQUIREMENT OF APPROVAL OF CER- property without the consent of the as well as economic development. In TAIN CITIZENS. owner, or State and local governments Berman v. Parker, a unanimous Court (a) IN GENERAL.—Subject to subsections (b) cede private land to the Federal Gov- observed: and (c), the Department of the Interior, the The concept of the public welfare is broad Department of Energy, and the Forest Serv- ernment. The decision to cede property and inclusive. The values it represents are ice, acting individually or in coordination, to the Federal Government may be vol- spiritual as well as physical, aesthetic, as shall not assume control of any parcel of untary by the State and local govern- well as monetary. It is within the power of land located in a State unless the citizens of ments, but such a decision impacts the the legislature to determine that the com- each political subdivision of the State in whole community. So all residents of munity should be beautiful as well as which a portion of the parcel of land is lo- an area, therefore, should have a voice healthy, spacious, as well as clean, well-bal- cated approve the assumption of control by a in the decision to turn over public anced, as well as carefully patrolled. referendum. (b) NATIONAL EMERGENCIES.—The require- property that is controlled by bureau- This ever-expanding government ment described in subsection (a) shall not crats in DC. power essentially allows Congress and apply in the case of a national emergency, as Do you realize that in all of our unelected bureaucrats for any reason determined by the President. Western States, any single bureaucrat to take private property from citizens (c) PRIVATE LANDOWNERS.—The require- has more control in that State than with little, if any, recourse. What lib- ment described in subsection (a) shall not the Governor of the State, where they erty when property rights are not pre- apply in the case of a voluntary exchange be- own the majority of the land? Their tween a private landowner and the Federal served? Government of a parcel of land. implied power is greater than the high- This amendment is designed to pro- (d) DURATION OF APPROVAL.— est elected official in the State. What vide some check on the ever-growing (1) IN GENERAL.—With respect to a parcel of they say goes, because it is the Federal expansion on private property rights land described in subsection (a), the approval Government. So whether it is a park within this country. of the citizens of each political subdivision ranger or forest ranger or manager of a With that, I yield the floor. in which a portion of the parcel of land is lo- forest or the BLM, what they say has The PRESIDING OFFICER. The Sen- cated terminates on the date that is 10 years more power than what the chief execu- ator from New Mexico is recognized. after the date on which the citizens of each tive of any of those States says. When Mr. BINGAMAN. Mr. President, let political subdivision approve the control of me speak briefly in opposition to this the parcel of land by the Department of the we look at this, we are saying if the Federal Government is going to take amendment and explain my under- Interior, the Department of Energy, or the standing of it. This amendment pro- Forest Service under that subsection. something by eminent domain, the peo- hibits the three agencies, the Depart- (2) RENEWAL OF APPROVAL.—With respect ple it will impact should get a chance ment of Interior, Department of En- to a parcel of land described in subsection to say yea or nay. (a), the Department of the Interior, the De- This goes back to the concept that ergy, and the Forest Service, from as- partment of Energy, or the Forest Service, we have a real right to own and hold suming control—that is the phrasing in as applicable, may renew, by referendum, the the amendment—over any parcel of property in this country. That is some- approval of the citizens of each political sub- land except through a voluntary ex- thing many countries don’t offer their division in which a portion of the parcel of change, unless the citizens of the polit- citizens. We ought to be about pro- land is located. ical subdivision in which the parcel is tecting it at every level. Mr. COBURN. Mr. President, the located approve the assumption of con- This amendment would involve local American Farm Bureau and American trol by referendum. Even if the as- residents in Government decisions farmers and ranchers had endorsed all sumption of control by the agency is about their neighborhoods and commu- of these amendments at an earlier approved by a referendum, that ap- nities. Sam Adams profoundly ques- time. I assume they would again, be- proval terminates at the end of 10 cause it is the same language that was tioned, ‘‘What liberty can there be years, unless there is another ref- used in the past. Today, the National where property is taken away without erendum that extends it beyond 10 Taxpayers’ Union endorsed these as consent?’’ What liberty is there when years. commonsense freedoms for us. your property is taken away without It seems likely to me that the This amendment is pretty straight- consent or impacted without your con- amendment would affect more than forward. It says that if the Government sent or your zoning ordinance, because just the acquisition of fee title to land. wants to take your land, you ought to some bureaucracy from Washington It appears to include the interests in be able to say, yes, I agree or you funded through a heritage area decided lands, such as rights of way, ease- ought to be able to say no. What this what the zoning ordinances are going ments, possibly water rights, taking bill does is it authorizes the Federal to be and has millions of dollars to lands into trust for Indian tribes, and Government—they can still acquire move it, to your detriment, the private perhaps even friendly condemnations new lands, but if it is going to have an owner of property. What liberty is for public purposes. impact on your land—not their land there when property rights are taken As I read the amendment, since the but your land—the citizens ought to away? This amendment ensures both only exception is for voluntary ex- get a vote on it. It is called real trans- liberty and consent. It is very straight- changes of property, I would think the parency in government and real forward. It doesn’t affect Federal sale of property—if one of these agen- participatory democracy. transportation projects, national de- cies wants to buy the land and a pri- A lot of Americans are concerned fense, or homeland security. vate landowner wants to sell the land about the excessive Government influ- Delegating property decisions is not to the agency, it would have to be ap- ence over their land. We can say they unusual. Eminent domain has been ex- proved by referendum. The amendment are not, but they are. People in my ercised through both legislation and would give counties and communities, State of Oklahoma, in New Mexico, legislative delegation. It is usually del- political subdivisions, veto authority New York, and every other State have egated to another government body. over any Federal land ownership by great concerns about property rights. But the power may be delegated to pri- these three agencies. I think it would This amendment is intended to address vate corporations, as we saw in Con- frustrate congressional efforts to pur- those concerns. It simply requires the necticut, such as public utilities, rail- chase or protect lands to make it vir- citizens affected by Federal Govern- roads, and bridge companies. tually impossible to provide for any ment land grabs, or heritage areas, or This amendment will delegate the long-term Federal management or pro- others where we are talking about pri- final decision to the property holders tection, such as is attempted in our na- vate lands being impacted, to have a who are being impacted—real property tional parks and monuments, wildlife vote, to have a say in the matter. It rights. If we agree as a majority, it refuges, historic sites, and wilderness authorizes the Departments of Agri- happens; if we disagree, it doesn’t. areas. The amendment would adversely culture and Interior to continue to ac- The Supreme Court has approved the impact much more than land des- quire land by purchase or exchange. It widespread use of the power of eminent ignated for conservation purposes. It will not affect that. domain in conjunction with private would also impact Bureau of Reclama- The amendment would only apply to companies to facilitate urban renewal, tion dams, reservoirs, energy pipelines, situations involving Federal eminent for low-cost housing, for deteriorated and DOE facilities.

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At the end of the 10 years, there Subtitle G—Notification and Consent Re- without the rights of property? quirements Relating to National Heritage I yield back the remainder of my has to be another referendum on Areas whether the Federal Government time on this amendment. SEC. 491 NOTIFICATION REQUIREMENT. should maintain that land for that res- The PRESIDING OFFICER. The Sen- The Secretary of the Interior shall not ap- ator from New Mexico. ervoir. If the referendum fails, I don’t prove a management plan for a National Her- know what we would do with that res- itage Area designated by this title unless the Mr. BINGAMAN. Mr. President, let ervoir at that point. There is not much local coordinating entity of the proposed Na- me speak in opposition to this amend- of a private market for reservoirs. I tional Heritage Area provides written notifi- ment as well. don’t know what action the Govern- cation through the United States mail of the This amendment would establish new ment would be expected to take at that designation to each individual who resides, restrictions for the three national her- point. or owns property that is located, in the pro- itage areas that are designated in this posed National Heritage Area. For a variety of reasons, I do not bill. It would prohibit the Secretary of SEC. 492. WRITTEN CONSENT REQUIREMENT. the Interior from approving a manage- think this is a workable amendment, With respect to each National Heritage and it is one I urge my colleagues to ment plan for a heritage area unless Area designated by this title, no employee of the local coordinating entity, which is oppose. the National Park Service or member of the The PRESIDING OFFICER. The Sen- local coordinating entity of the National usually a nonprofit group that is pro- ator from Oklahoma. Heritage Area (including any designee of the moting tourism in this heritage area and developing the management plan, Mr. COBURN. Mr. President, I am National Park Service or the local coordi- has provided written notification to going to try to move this debate for- nating entity) may enter a parcel of private property located in the proposed National each individual residing or owning ward. I see the Senator from Wash- Heritage Area without the written consent property there. ington. Does she have debate on a spe- of the owner of the parcel of property. The amendment also prohibits em- cific amendment or comments on the Mr. COBURN. Mr. President, this is ployees of the National Park Service or bill? another straightforward, what I believe the local coordinating entity, usually Mrs. MURRAY. Just comments. most Americans would agree with, the nonprofit group, from entering any Mr. COBURN. Mr. President, we are commonsense amendment. It says citi- private property within the heritage going to try to get through our time zens within a national heritage area area without the written consent of the agreement. I have two more amend- are informed of the designation and property owner. ments, if that is agreeable with the that governing officials must receive The amendment, in my view, fails to Senator from Washington. permission to enter private property. It understand what the designation of a I will make one comment on what is simple. heritage area means. Let me read some the Senator from New Mexico said. If I am in a heritage area, what hap- boilerplate language we put in every What I heard him say is there is some- pens often now is those who are em- one of these national heritage area thing wrong with people deciding it. powered by the heritage area stake and bills. It says in the bill, and we have The real concept of our country is we survey your land, do all these things this three times in this legislation be- get to decide, and we have bastardized without your permission to enter your cause there are three heritage areas: that by saying the Federal Government land—your land, not their land, your Nothing in the subtitle abridges the knows best. land. What we do is we broadly give the rights of any property owner, including I believe the people out there kind of ability to violate property rights the right to refrain from participating know how things impact them. I think through the heritage area laws so peo- in any plan, project, program or activ- a plebiscite about what we are doing ple can access private property without ity conducted within the heritage area. would be something that almost every permission. If I am wrong about that, Nothing in the subtitle requires any American would welcome. then this amendment would cause ab- property owner to permit public access Will there be problems with it? You solutely no harm. But the fact is, I am to the land. Nothing in the title alters bet. Democracy is messy, but it is free. right about it. any duly adopted land use regulation. Giving them the right to have that an- This amendment reestablishes the Nothing in the title authorizes or im- swer and to vote, that is something right of private property owners to plies the reservation or appropriation that was guaranteed in the Constitu- control who goes on their land, when of any water or water rights. Nothing tion before we had an activist court they go on their land, and what they in the title creates any liability, af- that took it away. This is about put- are doing with their land. It reaffirms fects any liability under any other law ting it back. that if you have ownership, it is your of any private property owner with re- AMENDMENT NO. 4520 land, and it does not take that right of spect to any person injured on private I ask unanimous consent that the a property owner away because it hap- property. pending amendment be set aside and pens to be in a heritage area. There is substantial confusion, I be- amendment No. 4520 be called up, and I More and more heritage area designa- lieve, about the idea that there is some ask unanimous consent that Senator tions are being made with little knowl- great decrement of private property edge of the landowners involved. S. 2739 rights by the designation of these her- MCCAIN be added as a cosponsor. establishes three new heritage areas itage areas. The PRESIDING OFFICER. Without and extends the authorization and The prohibition against employees of objection, it is so ordered. The clerk funding of several existing national the National Park Service or coordi- will report. heritage areas. nating entity from being able to enter The legislative clerk read as follows: There is no requirement for the Fed- private property without written per- The Senator from Oklahoma [Mr. COBURN], eral Government to notify the indi- mission of the landowner does not for himself and Mr. MCCAIN, proposes an vidual within the area of its designa- make sense, in my opinion. Heritage amendment numbered 4520. tion or its meaning. If we are going to areas do not involve acquisition of Fed- Mr. COBURN. Mr. President, I ask have national heritage areas—and I eral land. The amendment applies to unanimous consent that the reading of agree at points they are great—do we any private land within large areas of the amendment be dispensed with. not have an obligation to tell the land- the State. We have one in northern The PRESIDING OFFICER. Without owner their land is getting ready to be New Mexico which I was urged to try objection, it is so ordered. subjected to all the parameters associ- to establish—and we were able to es- The amendment is as follows: ated with a national heritage area? Do tablish it—by people who wanted to

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It a restaurant or go to any other private measures that restrict property owners in is called ‘‘An Ugly Heritage.’’ I ask property in northern New Mexico in a the use of their land. Protecting our heritage unanimous consent to have printed in three-county area without written con- is a noble ambition, however these matters the RECORD this article. sent of the landowner. need to be handled at the local level by those There being no objection, the mate- In my view, the amendment should closest to the issues at hand. It is important rial was ordered to be printed in the that the fundamental right of private prop- RECORD, as follows: be defeated, and I urge my colleagues erty not be threatened by more misguided to vote against it when the time federal legislation.’’ [From the Nation, Jan. 28, 2008] comes. (3) R.J. Smith, recognized property rights AN UGLY HERITAGE—THE POOR MAN’S The PRESIDING OFFICER. The Sen- expert and senior fellow at the National Cen- NATIONAL PARK; THE CITIZEN’S BURDEN ator from Oklahoma. ter for Public Policy Research, said: (By John J. Miller) ‘‘The name itself for this National Herit- Mr. COBURN. Mr. President, in re- A few years ago, Lee Ott was driving age Area raises serious questions. It seems around his vegetable farm in Yuma, Ariz., sponse, I wish to take a moment and improper, even indecent, to name this the when he spotted a crew of surveyors putting read what three experts say about what Hallowed Ground corridor and claim it is to stakes in his land. ‘‘I stopped and asked the Senator from New Mexico said. ‘appreciate, respect and experience this cul- them what was going on,’’ he recalls. It James Burling, principal property tural landscape that makes it uniquely turned out they were marking the bound- American’ when it tramples on the very rights attorney for the Pacific Legal aries of the Yuma Crossing National Herit- principles of private property rights, indi- Foundation: age Area. Ott’s farm fell entirely within its vidual liberty and limited government that The so-called protections for private prop- 22 square miles, and nobody had bothered to the Founding Fathers risked and gave their erty are largely symbolic; so long as regu- tell him. ‘‘I became worried because I wanted lives for. Lincoln himself reminded us in the lators can browbeat landowners into becom- to build a new house and a shop on the Gettysburg Address that ‘we cannot dedi- ing ‘‘willing sellers’’ we will continue to see farm,’’ he says. ‘‘I didn’t need anybody to cate—we cannot consecrate—we cannot hal- the erosion of fee simple property ownership give me a bunch of rules about how they low this ground.’ He reminded us that we in rural America. With the influx of federal should look or whether I could even build must be dedicated to see that this ‘new na- funding, the regulatory pressure on land- them.’’ tion’ ‘conceived in liberty’ had ‘a new birth owners to sell will, in many cases, be insur- So he decided to fight back. He met with of freedom’ and did ‘not perish from the mountable. The legacy we will leave to fu- the Yuma County Farm Bureau, which then Earth.’ Rejecting the very principles of the ture generations will not be the preservation contacted all of the landowners within the Founding Fathers that created our liberty of our history, but the preservation of a fa- Yuma Crossing National Heritage Area. and freedom is not a journey any free person cade masquerading as our history subverted ‘‘About 600 people came to our meeting,’’ should want to undertake. by the erosion of the rights that animated says Harold Maxwell, a farm-equipment dis- ‘‘Any legitimate effort to attract tourism tributor. ‘‘When I asked for a show of hands our history for the first two centuries of the to old homes and mansions and to quaint lit- Republic. from those who knew they were in the NHA, tle country main streets should properly be only one hand went up.’’ Joe Waldo, president of the Virginia done privately and voluntarily by chambers National Heritage Areas are like a poor property rights law firm Waldo and of commerce, booster groups, and preserva- man’s National Park—they aren’t actually Lyle, said this: tionist organizations. Not by the compulsory owned by the federal government, but diktat of the National Park Service, the U.S. The bill before Congress has nothing to do they’re zoned by it. Instead of employing Congress, and anti-growth Greens. If you with a ‘‘heritage trail’’ but will result in a Park Rangers in stiff-brimmed hats, they’re want to attract visitors try billboards, not ‘‘trail of tears’’ for those least able to stand often administered by liberal groups that federal force.’’ up for their property rights. This is no more want to weaken the property rights of the (4) And as Dr. Roger Pilon, director of the people who hold a piece of land within or than an effort to overreach by the federal Cato Institute’s Center for Constitutional Government with regulations that will re- even near NHA boundaries. This is generally Studies, notes: done in the name of historic preservation strict homeowners, farmers and small busi- ‘‘There’s nothing wrong with historic pres- ness people in the use of their property. and environmental conservation. The Yuma ervation—in fact, it’s commendable—but it’s Crossing National Heritage Area, for in- I ask unanimous consent, because of got to be done the right way. However wor- stance, includes an old territorial prison and time limitations, to have printed in the thy your ends, when you prohibit people some wetlands along the Colorado River. Yet RECORD the rest of these comments. from using their property as they would oth- NHAs are perhaps best regarded as a clever There being no objection, the mate- erwise have a perfect right to do, you’ve got combination of pork-barrel spending and to pay them for their losses. Indeed, it is not land-use regulations—and they’re an increas- rial was ordered to be printed in the a little ironic to simply take those historic RECORD, as follows: ingly popular tool for slow-growth activists rights in the name of historic preservation.’’ who bristle at the thought of economic de- REAL PRIVATE PROPERTY PROTECTIONS IN THE Mr. COBURN. Mr. President, here is velopment that they don’t personally con- BILL? WHAT DO THE EXPERTS SAY? what I would say in response to the trol. (1) James Burling, principal property chairman’s comment. It is not unrea- Since the first NHA was created in 1984 to rights attorney for the Pacific Legal Foun- sonable to have somebody who does not preserve a 61-mile canal that runs between dation, had this to say about H.R. 5195 (simi- own your land, has no real business on Lake Michigan and the Illinois River, more lar ‘‘protections’’ in 109th Congress) than three dozen have come into existence. ‘‘The so-called protections for private your land, ask permission to come on Today, they’re a growth industry: Ten were property are largely symbolic; so long as reg- your land. That is an absolute subroga- added in 2006 alone, and last fall, the House ulators can browbeat landowners into be- tion of the rights guaranteed under the of Representatives passed a $135 million bill coming ‘willing sellers’ we will continue to Constitution which we are now embrac- that swould set up six more. Some, such as see the erosion of fee simple property owner- ing and say it is fine to not have to get the one in Yuma, are just dots on the map. ship in rural America. With the influx of fed- permission. That is not what comes Others are sprawling. The Tennessee Civil eral funding, the regulatory pressure on with property rights under the Con- War National Heritage Area takes up the en- landowners to sell will, in many cases, be in- tire state. surmountable. The legacy we will leave to stitution. If our defense is we do not ‘‘These are basically federal zoning laws,’’ future generations will not be the preserva- believe in the Constitution and the says Peyton Knight of the National Center tion of our history, but of the preservation of rights of private property rights, then I for Public Policy Research, a free-market a facade masquerading as our history sub- would say we are misguided in what we think tank that has tried to draw attention verted by the erosion of the rights that ani- are doing. to the problem. The rules governing NHAs mated our history for the first two centuries This is a simple way of saying, if we vary from place to place, but they tend to of the Republic.’’ are going to have heritage areas and if have a few features in common. One impor- (2) Joe Waldo, president of the Virginia I am a private property owner in a her- tant element is the involvement of a ‘‘man- property rights law firm Waldo and Lyle, itage area and you want to come on my agement entity’’ that works in conjunction said this regarding H.R. 5195: with the Park Service to come up with a ‘‘The bill before Congress has nothing to do property and survey, you ought to have plan—in the case of one NHA, this means with a ‘heritage trail’ but will result in a to get my permission. You should not creating an ‘‘inventory’’ of properties of ‘‘na- ‘trail of tears’ for those least able to stand be able to come on my land without tional historic significance’’ that it wants up for their property rights. This is no more permission to do so. ‘‘preserved,’’ ‘‘managed,’’ or ‘‘acquired.’’

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Sometimes the ambitions of an NHA transportation project in Virginia because a AMENDMENT NO. 4519 amount merely to a bit of parkland pump- proposed road expansion would have in- Mr. COBURN. Mr. President, I ask priming. The website of the Rivers of Steel creased traffic near the Chancellorsville bat- unanimous consent that the pending NHA near Pittsburgh boasts that it ‘‘is tlefield—not in it, just near it. Three years amendment be set aside and amend- spearheading a drive’’ to have the National ago, Emily Wadhams of the National Trust Park Service absorb an old steel mill and testified to Congress that ‘‘private-property ment No. 4519 be the pending business. mentions a bill in Congress. So it’s a feder- rights have never been allowed to take prece- I also ask unanimous consent that Sen- ally funded organization that lobbies Wash- dence over our shared national values and ator MCCAIN be added as a cosponsor. ington for ever more subsidies. the preservation of our country’s heritage.’’ The PRESIDING OFFICER. Without But does the National Park Service really Last October, the Journey Through Hal- objection, it is so ordered. The clerk need more parks? It already operates almost lowed Ground Partnership issued a report on will report. 400 sites. Although some remain incredibly how it would pursue its objectives in an The legislative clerk read as follows: popular, visits within the system have de- NHA: ‘‘Farmland, in particular, is a threat- The Senator from Oklahoma [Mr. COBURN], clined in the last decade—a trend that start- ened resource. . . . There are many opportu- ed before the terrorist attacks of 9/11 re- for himself and Mr. MCCAIN, proposes an nities to further protect these resources amendment numbered 4519. sulted in fewer foreign visitors. What’s more, through conservation easements, Rural His- the Department of the Interior is having toric District designations, Agricultural and Mr. COBURN. Mr. President, I ask trouble maintaining the properties it already Forestal districts, and private and public unanimous consent that the reading of runs. Its maintenance backlog is a multibil- easement and land acquisition.’’ Except for the amendment be dispensed with. lion-dollar wish list of unfunded repairs and easements, in which landowners sell certain The PRESIDING OFFICER. Without improvements. The National Parks Con- rights to their land, each of these sugges- objection, it is so ordered. servation Association, a non-profit group, tions would amount to having government The amendment is as follows: says that the parks need an extra $800 mil- agencies tell property holders what they can (Purpose: To require the transfer of certain lion per year just to fund their existing oper- do—or, more likely, what they can’t do. In ations adequately. This certainly isn’t the funds to be used by the Director of the Na- September, more than 110 groups, including tional Park Service to dispose of assets de- result of a Scrooge-like Bush administra- the American Conservative Union, the Fam- tion: The Park Service is spending more scribed in the candidate asset disposition ily Research Council, and Freedom Works, list of the National Park Service) money per visitor, per acre, and per em- signed a letter urging Congress to reject new At the end, add the following: ployee than ever before. NHAs. Supporters of NHAs insist that they aren’t Backers of Journey Through Hallowed TITLE IX—DISPOSITION OF CERTAIN in the business of buying or regulating prop- Ground, including Republican congressman FUNDS erty, which is true in the sense that NHAs do Frank Wolf of Virginia, cite a poll to claim SEC. 901 CANDIDATE ASSET DISPOSITION LIST. neither of these things directly. But they that the public is behind them. What they For fiscal year 2008, and each fiscal year work to achieve these results indirectly, by don’t reveal is something that the Fauquier thereafter, amounts made available to be encouraging local governments to imple- Times-Democrat, a local newspaper, uncov- used by the Director of the National Park ment restrictive land-use plans. ‘‘That’s how ered: The poll was sponsored by a group that Service to dispose of assets described in the they achieve their goals—by pushing coun- endorses, the NHA, and 96 percent of the peo- candidate asset disposition list of the Na- ties and towns to do what they can’t do for ple in the survey didn’t even know what the tional Park Service shall be equal to 1 per- themselves,’’ says Cheryl Chumley, a Vir- NHA is. cent of, and derived by transfer from, all ginia writer who has tracked NHAs. That’s what happened in Yuma, Ariz.: Con- amounts made available to the Secretary of They do this by dangling the prospect of gress created the Yuma Crossing NHA, and the Interior carry out this Act for each such federal largesse in front of potential recipi- hardly any of the locals knew about it until fiscal year. ents. West Virginia’s Wheeling NHA, which Lee Ott saw the surveyors on his property. Mr. COBURN. Mr. President, I will is basically a downtown preservation project, The good news is that, Yuma’s farmers makes this explicit, according to a Heritage fought back—they’asked members of Arizo- try to do this fairly quickly because I Foundation report by Chumley and Ron Ott. na’s congressional delegation to intervene, know we are under a time constraint. Its management plan calls for new zoning or- and eventually the NHA was downsized dra- Amendment No. 4519 requires 1 percent dinances and the acquisition of private prop- matically. Today, it covers only, four square of the—— erty. And how will it achieve these goals? As miles. Threats loom elsewhere, however, and Mr. DOMENICI. Will the Senator Chumley and Ott write, ‘‘Major funding to an exhibit on the Yuma County Farm Bu- yield? support the activities . . . and the rec- reau’s experience will be featured at this Mr. COBURN. I will be happy to ommendations of this plan will be coming year’s American Farm Federation Bureau yield. from the National Park Service.’’ In the year convention. prior to its most recent available tax filing, Mr. DOMENICI. To inquire, I heard Although Monticello, the home of Thomas the Senator ask who be made a cospon- the Wheeling NHA received more than $2.5 Jefferson, is run by a private group rather million in government contributions—and than the federal government, supporters of sor? not a dime from private sources. the Journey Through Hallowed Ground like Mr. COBURN. Senator MCCAIN. One of the most controversial NHAs is the to mention that the boundaries of their NHA Mr. DOMENICI. Did the Senator have proposed Journey Through Hallowed Ground, would include it. They would do well to read an opportunity to discuss this with which would encompass a corridor roughly Jefferson’s words, and in particular a line Senator MCCAIN? 175 miles in length between Charlottesville, that their foes enjoy quoting: ‘‘The true Mr. COBURN. Senator MCCAIN con- Va., and Gettysburg, Pa. The exact bound- foundation of republican government is the tacted me and asked me, requested to aries aren’t determined because this NHA at equal right of every citizen in his person and be a cosponsor of my amendments. least technically remains on the drawing property and in their management.’’ board. But that didn’t stop Congress in 2005 Mr. DOMENICI. Of all these amend- from giving a $1 million earmark to the Mr. BINGAMAN. Mr. President, be- ments. Journey Through Hallowed Ground Partner- fore we leave this amendment, I wish Mr. COBURN. All four of these ship, a non-profit group that’s pushing for to make one more point. I read the lan- amendments, yes. the NHA. The organization’s board is full of guage that is in the bill in each of Mr. DOMENICI. I see. I will speak to slow-growthers, including Peter Brink, the these heritage area provisions that that in my turn. I thank the Senator. senior vice president of the National Trust says there is nothing that prohibits or Mr. COBURN. Mr. President, this for Historic Preservation. ‘‘If this NHA be- restricts the right of the landowner to amendment requires 1 percent of the comes a reality, it would essentially depu- deny access to his or her private prop- new spending authorized in this bill to tize the National Trust and its allies to over- see land-use policy in the whole region,’’ erty. That is the case under State prop- be used to dispose of excess, unused, says Knight. erty law in every State in the Union. and unneeded Federal property to off- Once upon a time, historic-preservation If I own a piece of property, if I am a set some of the cost of the bill. groups operated public-education programs private landowner and I don’t want What we know is we have a tremen- and tried to save old homes and hotels, often people coming on the land, I have the dous backlog in our parks. We have a by purchasing them. Nowadays, however, right to deny them access on my land. tremendous backlog in almost every they’re much more interested in regulating That includes Federal officials, sur- land ownership we have. We have tre- land that they don’t own. In Oregon and veyors, anybody I want to deny the mendous maintenance needs in the Washington state, where property-rights ad- vocates have put forth ballot initiatives to right to come on my land. There is Forest Service and tremendous mainte- compensate landowners when government nothing in our legislation that in any nance needs in BLM. We are suffering regulations lower the value of their prop- way changes that. to care for what we have. erty, the National Trust has campaigned to The PRESIDING OFFICER. The Sen- All this amendment says is take 1 defeat them. It even worked to derail a ator from Oklahoma. percent—they listed 6,500 different

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2875 items they want to get rid of—and use specific asset disposal program of one the Senate is borderline dysfunctional. the money to help them get rid of them agency within the Department of the We can’t get things done. There are too so they do not continue to spend Interior. Many of the programs author- many nuances that have been imposed money maintaining what they don’t ized in this legislation have nothing to upon us that we didn’t know when we want and don’t need. At a minimum, do with the National Park Service. It were putting them on that they were this bill authorizes $380 million of new makes no sense, in my view, to reduce going to run us in all different direc- spending, which only represents a frac- amounts appropriated for various unre- tions, but we are there. So we can tion when we actually see what will lated programs and to other agencies, hardly get things done. It is kind of a happen. We will track this. My staff especially when the Park Service has dysfunctional body. will track the actual spending that never identified funding of its asset Along comes a bright Senator, and comes out of this bill in terms of ap- disposal program as a problem. here is a package of bills, and so he propriations so we will have it for his- Each year we get a budget from the looks at them and says: Oh my, this is torical reference. My amendment says Department of Interior. They have a way to show I am going to save to take 1 percent for use to get rid of never requested specific funds for this money. Well, Senator, you have the these items and then take them away. purpose. Instead, they use their regular wrong package of bills. You have got When we have gotten rid of the excess construction funding to destroy prop- the wrong package of bills. There will items, we would not use the money to erty, to destroy these buildings when be plenty of opportunity for you to do that and that money will go to they determine that is a priority for save the taxpayers money. Every ap- maintain the public parks we all value them. propriations bill or facsimile thereof— so much. It will help offset the hun- The amendment, of course, in my supplemental—put them together, 10 in dreds of millions of dollars of new view also impinges upon the jurisdic- 1 or one at a time, but plenty of oppor- spending in the 2,000 property assets tion of the Appropriations Committee. tunity for you to save money by at- that in the Park Service alone have I am not on the committee, my col- tacking pieces of the appropriations been slated for disposal but cannot be league Senator DOMENICI is, but we are bills. That is how you save money. sold off solely due to the lack of fund- essentially saying here that all future And for all those who are watching ing to get rid of them. appropriations that relate to bills that the good Senator from Oklahoma, all So all this does is it directs some au- are part of this legislation shall be they have to do is say: Senator, we thorization and says: Park Service, taxed by 1 percent for this other pur- think you are on the right track, go take these 2,000 things, here is some pose. That seems to me an unusual way after the appropriations bills. I am not money, get rid of them—the things you for the Congress to begin undermining, asking you to, because I am an appro- want to get rid of. And everybody through an authorizing bill, the appro- priator, but I am telling you if you agrees we should get rid of them. They priations that otherwise should be want to save money for the taxpayers, haven’t because they don’t have the made by the Congress. that is what you should do, and there is money because they have to go I urge my colleagues to oppose the plenty of opportunity. through all these various steps under legislation. The PRESIDING OFFICER. The Sen- the Federal Government’s property The PRESIDING OFFICER. The Sen- ator’s time has expired. rights legislation. But we say to them: ator from New Mexico. Mr. DOMENICI. I had intended to ask Here is the money, so you don’t con- Mr. DOMENICI. Might I ask my col- unanimous consent for 5 minutes. Did I tinue to spend money on that, and in- league from New Mexico, how much not get it? stead you continue to spend money time do you have left? The PRESIDING OFFICER. Is there against this $9 billion backlog in our Mr. BINGAMAN. Mr. President, 2 objection? national parks. minutes is remaining? The Chair hears none, and it is so or- What this does is it allows them to Mr. DOMENICI. For both of us? dered. get rid of assets they no longer need. Mr. BINGAMAN. I gather that is in Mr. DOMENICI. I thank the Chair. This gives them a way and the funds to our total hour? Secondly, Senator, if you want to do that. It allows them to truly dispose I am glad to yield that to my col- save the taxpayers money, then go of what they want to dispose of. league. after the place where the money is that With that, I yield the floor. Mr. DOMENICI. I thank my col- is about to break your country, and The PRESIDING OFFICER. The Sen- league. that is the entitlements for Social Se- ator from New Mexico. Senator, were you going to get some curity, Medicare, and Medicaid. If you Mr. BINGAMAN. Mr. President, let time on an amendment? want to save your taxpayers from me speak briefly on this amendment Mrs. MURRAY. Mr. President, I have ruination, then get involved in reform- and in opposition to this amendment as not had a chance to speak on the bill. ing those programs so they do not well. If I could—I understand we may be de- make us go broke. Anybody who knows The amendment provides 1 percent of laying the votes because of other rea- about your government will tell you, all amounts made available to the Sec- sons. If I could get 12 minutes to speak, dear Senator, if that is what you want retary of the Interior to carry out the after Senator DOMENICI, on the bill. to do, DOMENICI is right, go after appro- various provisions of the legislation— Mr. DOMENICI. Mr. President, first, priations; that is where money is that is to the 60-some odd bills that are I want to say to the Senator from spent. Go after entitlements; that is included here—beginning in 2008 and Oklahoma that I have nothing but re- where money is spent that is going to each fiscal year thereafter, be made spect for him, and we have talked break your country. available to the Director of the Park about the profession he practiced be- And to prove to you that this bill Service to dispose of assets described fore he was a Senator, saving lives and does not spend money, all I can do is do in the candidate asset disposition list. being a doctor. But I do want to say it the way the Senate does it and ask This is a list of structures the Park that I wholeheartedly disagree with his the Congressional Budget Office: How Service intends to demolish or to dis- approach to these bills and to what the much do these bills cost the taxpayers? pose of. Senator is doing in the Committee on Senator BINGAMAN, you asked that, and I think the description the Senator Energy and Natural Resources in pro- I don’t know whether you already said from Oklahoma made contemplated ducing these bills for a vote. I think it, but I am going to repeat it. This is the sale of property. The truth is this the Senator is wrong. I hope the Senate Senator BINGAMAN’s letter. He asked is a list the Park Service keeps of understands what he is doing, and I the Congressional Budget Office. buildings they no longer want to main- think if they do, they could each say to Now, we have to have institutions tain. They wish to dispose of these, in him: We appreciate what you are try- that take care of things, don’t we? The the sense of destroying them, or tear- ing to do, but it is the wrong way to do Congressional Budget Office, not the ing them down. it. It won’t work. Senator from Oklahoma, is charged The amendment is essentially a tax Now, if you talk to Senators about with evaluating a bill and telling us on future appropriations for all of the what is going on in the Senate, I think about it. You know what they told us programs in this package to pay for a most of them will tell you today that about this bill? Not only does it not

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2876 CONGRESSIONAL RECORD — SENATE April 10, 2008 cost money, it makes money. This bill I, for one, say my hat is off to the Park Service to address the most crit- will bring into the Treasury in the next Senator. I hope he finds a new ap- ical maintenance requirements includ- 4 years $48 million, because we have au- proach, something new to attack to ing the removal of unneeded assets. thorized the disposition of a couple of save money, but not a group of lands I urge my colleagues to support the boats that were under lease. We said: bills that are authorization bills only, chairman and ranking member of the Okay, go ahead and buy them, and they that we have been told by the Congres- Energy and Natural Resources com- gave us the money. sional Budget Office will cost nothing mittee and oppose this amendment. So contrary to all the debate about in the way we handle bills here. I yield the floor. costing money, and the taxpayers Now, if you want to change the way Mr. COBURN. Mr. President, how going broke, the bill makes money. and have a new way to figure out how much time do I have? Now, you can say: Oh no, it doesn’t, I much bills cost, then we will have to The PRESIDING OFFICER. The Sen- have another way of figuring it out. have a long debate on which way we ator has 13 minutes 4 seconds. That is what the Senator says. But we are going to do that. Mr. COBURN. Mr. President, I will can’t have another way to do every- I thank the Senate for listening, and speak a minute or two, and then I will thing around here, another way to fig- I thank the Senate for yielding me yield the Senator from Washington 5 ure out what bills cost. We already some time, and I thank the Senator minutes. have enough ways to figure them out, from Oklahoma for letting me speak as Mrs. MURRAY. I will speak after. Mr. COBURN. We actually have a and they have got us so confused with long as I have. time agreement on the vote, so I am what we have that we don’t need any Mr. ALLARD. Mr. President, I rise happy to yield the Senator some of my more. But if the Senator thinks he has today in opposition to amendment No. time, is what I am trying do, so I end a new one, and that is to delay this bill 4519 offered by my distinguished col- up finishing. Is there a certain amount and take a piece of it and talk about it league from Oklahoma. and say it is a bad piece that doesn’t This amendment mandates a 1 per- of time you need? Mrs. MURRAY. Mr. President, I was make sense, that is fine. But don’t say cent across-the-board redirection of going to ask unanimous consent to you have a new way to protect the funds each year from all amounts ap- great public of America from over- speak after all of the votes. I wanted to propriated to programs in this bill for spending and that is to take after a speak for about 12 minutes, and the the sole and specific purpose of remov- lands bill full of authorization that no- other Senator from Washington, Sen- ing assets—mostly old buildings and fa- body heretofore has thought of taking ator CANTWELL, wanted to speak for 3 cilities—from Park Service operated on for appropriations purposes, because or 4 minutes. I know everyone wants to lands that are determined to be surplus it doesn’t appropriate. get to the vote, so I will use my time to need. The good Senator is phenomenal. He after the vote. This 1 percent ‘‘off the top’’ charge is a phenomenon. But he isn’t so great I ask unanimous consent that fol- has the effect of setting the disposal of that of all the time in history we have lowing the disposition of all of the National Park Service surplus assets had to look at these land bills nobody votes on this package, on final passage, above all other programs that are in has said: We are going to follow each I be recognized to speak for 12 minutes, this bill. In essence, it ties the hands of one and see how much it costs. That is and the other Senator from Wash- the appropriations committee to deter- one of his amendments, to follow its ington, Senator CANTWELL, be allowed mine what amounts should be devoted cost into government. You know what to speak for 3 minutes. that means? It means there is a whole to the disposal of Park Service surplus The PRESIDING OFFICER. Is there new set of books we have to set up. His facilities each year. objection? approach will cost more money and Also, there is no connection between The Chair hears none, and it is so or- wreak more havoc if we have to do the wide variety of programs and dered. that—find out how much they cost, projects that are in this public lands Mr. COBURN. Mr. President, I ask even if he does them himself, as he sug- bill, and would be assessed this 1 per- unanimous consent to have printed in gested. He is going to see how much cent charge, and the need to remove the RECORD a letter from the Congres- these authorizations cost, if anything, old buildings from parks. Put simply, sional Budget Office dated January 31, as they reach fruition—if they do. this amendment does not make good 2008. Now, having said that, each and sense. There being no objection, the mate- every one of the amendments offered As the ranking member of the Inte- rial was ordered to be printed in the by the Senator is very erudite. They rior Appropriations subcommittee that RECORD, as follows: provides the funding for the Park Serv- lend themselves to discussion and de- U.S. CONGRESS, bate. But every one of them, Mr. Presi- ice, I simply can’t support such a pro- CONGRESSIONAL BUDGET OFFICE, dent and fellow Senators, every one of posal. It is up to the Appropriations Washington, DC, January 31, 2008. the amendments is so complicated, so Committee to review the agency’s Hon. TOM A. COBURN, M.D., full of contortions and turning the gov- budget each year and set the appro- U.S. Senate, ernment this way and that way, that priate funding levels for the various ac- Washington, DC. tivities of the Service, including the DEAR SENATOR: This letter responds to they ought to at least have a hearing. your request for information on the esti- They haven’t had a hearing. They disposal of surplus facilities. mated discretionary costs of S. 2483, the Na- shouldn’t be adopted on this bill, where Budget priorities change each year tional Forests, Parks, Public Land, and Rec- we have carefully had hearings on the based on many factors, including the lamation Projects Authorization Act of 2007, bill, had votes on the bill, with 23 Sen- shifting needs of the agencies and the as introduced on December 13, 2007. Because ators participating before we put them amount of money we have to work with the bill was not reported from committee in this package. under the budgetary caps set by Con- (the point at which we typically prepare esti- We should not put these four new gress. That is why we have an annual mates), CBO has not prepared a complete ones on, one of which has to do with appropriations process to weigh these cost estimate for S. 2483; we transmitted a variables. table showing the direct spending and rev- local government approving the acqui- enue effects of the bill to the Senate Com- sition of property by the Federal Gov- To transfer 1 percent of funds appro- mittee on Energy and Natural Resources on ernment for parks. Before you can sell priated under this act for one purpose January 24, 2008. your property to the government, local forevermore takes away the Appropria- Although we have not completed our anal- government has to take a vote, and tion Committee’s discretion, and in- ysis of S. 2483, we have previously completed then 10 years later they have to take deed, its obligation to set priorities cost estimates for bills (mostly in the House) another vote to see if they were right. each year for the needs of our Nation’s that authorize projects similar or identical Do you understand, in the argument parks. to nearly all of those authorized by S. 2483. Last year, the Interior subcommittee The estimated discretionary costs contained for simplicity of government, for mak- in those previous estimates totaled nearly ing sure everybody can have their way, provided the National Park Service $320 million over five years, assuming appro- we have made government more com- nearly $1 billion to address mainte- priation of the necessary amounts. That fig- plex by these amendments than any- nance and construction needs. I believe ure is a reasonable approximation of the po- body could ever imagine? these funds are sufficient to allow the tential discretionary costs of S. 2483.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2877 If you wish further details about S. 2483 or about our children, and we are not Tester Warner Whitehouse our previous estimates, we will be pleased to going to give up because we get lec- Voinovich Webb Wyden provide them. The CBO staff contact for this tured because we are not doing it the NOT VOTING—7 estimate is Deborah Reis. way we have always done it. The way Clinton Kennedy Obama Sincerely, we have always done it has us bank- Dodd Levin PETER R. ORSZAG, Dole McCain Director. rupt. It is time for a change. Repub- Mr. COBURN. Mr. President, this let- licans and Democrats alike, our chil- The amendment (No. 4522) was re- ter shows a cost of $320 million for dren are worth it. jected. these bills over the next 5 years. So With that, I yield the floor. Mrs. MURRAY. Mr President, I move this is the Congressional Budget Office. The PRESIDING OFFICER. Is all to reconsider the vote. This isn’t my paper, this is theirs. time yielded back? Mr. DOMENICI. I move to lay that I will spend a few minutes, and then The Senator from New Mexico is rec- motion on the table. I will yield back my time because I ognized. The motion to lay on the table was know people want to get to some votes. Mr. BINGAMAN. Mr. President, I ask agreed to. Mr. DOMENICI. Mr. President, will for the yeas and nays on each of the AMENDMENT NO. 4521 the Senator yield for a question? amendments of the Senator from Okla- The PRESIDING OFFICER. Under Mr. COBURN. Absolutely. homa, if that is appropriate. the previous order, there will now be 2 Mr. DOMENICI. Doesn’t that letter The PRESIDING OFFICER. Is there minutes of debate equally divided prior say ‘‘if appropriated’’? an objection to that request? to a vote on amendment No. 4521 of- Mr. COBURN. Assuming appropria- Without objection, it is so ordered. fered by the Senator from Oklahoma. tion. Yes, it does. Is there a sufficient second? Mr. BINGAMAN. Mr. President, we Mr. DOMENICI. That means if it is There is a sufficient second. have just now concluded the debate on not appropriated, it doesn’t cost any- The question is on agreeing to these amendments. I would yield back thing. amendment No. 4519. the time unless the Senator from Okla- Mr. COBURN. If it is not appro- Mr. COBURN. Mr. President, I ask homa wishes to speak. priated. But we are not passing these unanimous consent we vote on the Mr. COBURN. Mr. President, I ask bills under the assumption they are not amendments in the order in which they unanimous consent that we yield back going to be appropriated. We are pass- were presented. all time on all amendments so our col- ing these bills under the assumption The PRESIDING OFFICER. Without leagues who have planes and things they will be appropriated. objection, it is so ordered. The question they want to do can get them. As a matter of fact, the promise is is on agreeing to amendment No. 4522. Mr. DOMENICI. I object. made as we pass this. And either it is a The clerk will call the roll. The PRESIDING OFFICER. Objec- hollow promise you are sending back The legislative clerk called the roll. tion is heard. home so you can say, yes, I did this, Mr. DURBIN. I announce that the Mr. DOMENICI. If we do not do that, and lie to your constituents, or we are Senator from New York (Mrs. CLIN- what will the order be? going to appropriate the money. It is TON), the Senator from Connecticut The PRESIDING OFFICER. There one or the other. So either we are dis- (Mr. DODD), the Senator from Massa- will be 2 minutes of debate equally di- honest with whom we are telling we chusetts (Mr. KENNEDY), the Senator vided prior to a vote on each amend- are doing something for or we abso- from Michigan (Mr. LEVIN), and the ment. lutely intend to appropriate it. There Senator from Illinois (Mr. Obama) are Mr. DOMENICI. No objection. isn’t any other option. necessarily absent. The PRESIDING OFFICER. Without I will finish up by saying this. Obvi- Mr. KYL. The following Senators are objection, it is so ordered. ously, the senior Senator from New necessarily absent: the Senator from The question is on agreeing to Mexico did not hear my earlier com- North Carolina (Mrs. DOLE) and the Coburn amendment No. 4521. The yeas ments. We are in tremendous economic Senator from Arizona (Mr. MCCAIN). and nays are ordered. The clerk will straits in the long term. This debate is The PRESIDING OFFICER. Are there call the roll. not about the lands bill. It is about will any other Senators in the Chamber de- The assistant legislative clerk called we change the philosophy, will we siring to vote? the roll. honor our oath, and will we start doing The result was announced—yeas 30, Mr. DURBIN. I announce that the what is right in the long term for those nays 63, as follows: Senator from New York (Mrs. CLIN- who come after us. The heritage we [Rollcall Vote No. 97 Leg.] TON), the Senator from Massachusetts have embraced in this country is one of (Mr. KENNEDY), and the Senator from sacrifice—one generation sacrifices so YEAS—30 Illinois (Mr. OBAMA) are necessarily ab- the next has opportunity. If we keep Allard Cornyn Lugar Barrasso DeMint McCaskill sent. doing this without regard—we don’t Bayh Ensign McConnell Mr. KYL. The following Senators are know how much we are spending; we Brownback Enzi Sessions necessarily absent: the Senator from don’t know how much the monthly Burr Graham Shelby North Carolina (Mrs. DOLE) and the costs are; we are not taking care of the Chambliss Grassley Specter Coburn Hutchison Sununu Senator from Arizona (Mr. MCCAIN). parks as we should because we do not Cochran Inhofe Thune The PRESIDING OFFICER. Are there have an idea; we have a hodgepodge; we Coleman Isakson Vitter any other Senators in the Chamber de- have a barge floating down the river Collins Kyl Wicker siring to vote? without a tug on it—we are going to NAYS—63 The result was announced—yeas 19, make the problem worse. I will remind Akaka Dorgan Mikulski nays 76, as follows: my colleagues, the true accounting of Alexander Durbin Murkowski this year’s estimate is a $607 billion Baucus Feingold Murray [Rollcall Vote No. 98 Leg.] deficit. That is over $2,000 for every Bennett Feinstein Nelson (FL) YEAS—19 Biden Gregg Nelson (NE) Barrasso DeMint McConnell man, woman and child in this country. Bingaman Hagel Pryor Brownback Ensign Roberts Every child born today in this country Bond Harkin Reed Burr Enzi Shelby inherits an unobligated obligation they Boxer Hatch Reid Brown Inouye Chambliss Graham Thune Roberts will have to pay, that they got no ben- Bunning Johnson Coburn Grassley Wicker Rockefeller efit from, of $400,000. Byrd Kerry Cochran Inhofe Salazar Cantwell Klobuchar Coleman Isakson Am I frustrating the Senators from Sanders Cardin Kohl NAYS—76 New Mexico? You bet. Are our children Carper Landrieu Schumer worth it? You bet. I am not going to Casey Lautenberg Smith Akaka Biden Byrd stop. I am going to stand and say we Conrad Leahy Snowe Alexander Bingaman Cantwell are going to think long term, we are Corker Lieberman Stabenow Allard Bond Cardin Craig Lincoln Stevens Baucus Boxer Carper going to start protecting property Crapo Martinez Bayh Brown Casey rights, we are going to start thinking Domenici Menendez Bennett Bunning Collins

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2878 CONGRESSIONAL RECORD — SENATE April 10, 2008 Conrad Kohl Rockefeller Smith Tester Whitehouse the Consolidated Natural Resources Corker Kyl Salazar Specter Voinovich Wyden Act. I commend the chair and ranking Cornyn Landrieu Sanders Stabenow Warner Craig Lautenberg Schumer Stevens Webb member of the Senate Committee on Crapo Leahy Energy and Natural Resources for their Sessions NOT VOTING—6 Dodd Levin Smith leadership and the work of their staff Domenici Lieberman Snowe Clinton Dole McCain on this important legislation. This bill Dorgan Lincoln Specter Cochran Gregg Obama Durbin Lugar represents a bicameral-and-bipartisan Stabenow Feingold Martinez The amendment (No. 4520) was re- Stevens supported package of bills. It has many Feinstein McCaskill jected. good initiatives that demonstrate our Gregg Menendez Sununu Mr. LIEBERMAN. Madam President, Hagel Mikulski Tester commitment to be responsible stewards Vitter I move to reconsider the vote. of our national treasures and historic Harkin Murkowski Mrs. MURRAY. I move to lay that Hatch Murray Voinovich sites. The legislation also has targeted Hutchison Nelson (FL) Warner motion on the table. provisions that address unique cir- Inouye Nelson (NE) Webb The motion to lay on the table was cumstances and issues occurring in the Johnson Pryor Whitehouse agreed to. Kerry Reed Wyden Pacific region. VOTE ON AMENDMENT NO. 4519 Klobuchar Reid I express my support for titles VII The PRESIDING OFFICER. The NOT VOTING—5 and VIII of S. 2739 that relate to the question is on agreeing to amendment Commonwealth of the Northern Mar- Clinton Kennedy Obama No. 4519. The yeas and nays have been Dole McCain iana Islands, CNMI, and the Freely As- ordered. The clerk will call the roll. sociated States, the Federated States The amendment (No. 4521) was re- The assistant legislative clerk called of , Republic of the Marshall jected. the roll. Islands, and the Republic of Palau. Mrs. MURRAY. I move to reconsider Mr. DURBIN. I announce that the The CNMI is a group of islands lo- the vote. Senator from New York (Mrs. CLINTON) cated east of the and south Mr. LEVIN. I move to lay that mo- and the Senator from Illinois (Mr. of Japan. Following World War II, the tion on the table. OBAMA) are necessarily absent. United States administered the islands The motion to lay on the table was Mr. KYL. The following Senators are under a United Nations trusteeship. In agreed to. necessarily absent: the Senator from 1975, the people of the CNMI voted for OLE VOTE ON AMENDMENT NO. 4520 North Carolina (Mrs. D ), the Sen- a political union with the United ator from New Hampshire (Mr. GREGG), The PRESIDING OFFICER (Ms. States. The 1976 covenant enacted by and the Senator from Arizona (Mr. KLOBUCHAR). Under the previous order, Congress gave U.S. citizenship to CNMI MCCAIN). the question is on agreeing to amend- residents and extended most U.S. laws The PRESIDING OFFICER. Are there ment No. 4520. The yeas and nays have to the CNMI. However, the covenant any other Senators in the Chamber de- been ordered. The clerk will call the exempted the CNMI from U.S. immi- siring to vote? roll. gration law. As a result of the CNMI’s The result was announced—yeas 22, policies, today the population has in- The legislative clerk called the roll. nays 73, as follows: Mr. DURBIN. I announce that the creased fivefold, from 16,000 to 80,000. [Rollcall Vote No. 100 Leg.] This growth has made both U.S. citi- Senator from New York (Mrs. CLINTON) YEAS—22 and the Senator from Illinois (Mr. zens, and the indigenous people of the Brownback Graham Sessions OBAMA) are necessarily absent. islands, minorities in their own com- Burr Grassley Sununu munities. Mr. KYL. The following Senators are Chambliss Hatch Thune This legislation meets the Federal necessarily absent: the Senator from Coburn Inhofe Vitter Coleman Isakson Government’s interest in further im- Mississippi (Mr. COCHRAN), the Senator Warner Cornyn Kyl Wicker plementation of the covenant, securing from North Carolina (Mrs. DOLE), the DeMint McCaskill our borders, and in the establishment Senator from New Hampshire (Mr. Ensign McConnell of stable immigration and labor poli- GREGG), and the Senator from Arizona NAYS—73 cies on which the CNMI can build its (Mr. MCCAIN). Akaka Domenici Murkowski future. The provisions included in title The PRESIDING OFFICER. Are there Alexander Dorgan Murray VII are identical to those passed by the any other Senators in the Chamber de- Allard Durbin Nelson (FL) U.S. House of Representatives on De- siring to vote? Barrasso Enzi Nelson (NE) Baucus Feingold cember 11, 2007. As the sponsor of the The result was announced—yeas 27, Pryor Bayh Feinstein Reed companion CNMI bill, I am pleased to nays 67, as follows: Bennett Hagel Reid report the CNMI provisions contained [Rollcall Vote No. 99 Leg.] Biden Harkin Roberts Bingaman Hutchison in S. 2739 are sensitive to the special Rockefeller YEAS—27 Bond Inouye Salazar circumstances and to the current eco- Boxer Johnson Allard DeMint McConnell Sanders nomic downturn in the CNMI. The leg- Barrasso Ensign Roberts Brown Kennedy Bunning Kerry Schumer islation provides a basis to transition Brownback Enzi Sessions Shelby Burr Graham Shelby Byrd Klobuchar the CNMI to Federal immigration laws, Cantwell Kohl Smith while protecting the local economy. Chambliss Grassley Snowe Snowe Coburn Hutchison Sununu Cardin Landrieu Specter These provisions are crucial to address Coleman Inhofe Thune Carper Lautenberg Stabenow the immigration abuses that have per- Collins Isakson Vitter Casey Leahy Stevens Cornyn Kyl Wicker Cochran Levin sisted in the CNMI for the past 20 Collins Lieberman Tester years. NAYS—67 Conrad Lincoln Voinovich As chairman of the Subcommittee on Corker Lugar Webb Akaka Crapo Levin Craig Martinez National Parks, I am particularly Alexander Dodd Lieberman Whitehouse Crapo Menendez pleased to join Senator WYDEN in in- Baucus Domenici Lincoln Wyden Dodd Mikulski Bayh Dorgan Lugar cluding a provision on cooperative Bennett Durbin Martinez NOT VOTING—5 agreements that will protect the nat- Biden Feingold McCaskill Clinton Gregg Obama ural resources on our national parks. Bingaman Feinstein Menendez Dole McCain Bond Hagel Mikulski Title III of S. 2739 will give the Sec- Boxer Harkin Murkowski The amendment (No. 4519) was re- retary of the Interior the authority to Brown Hatch Murray jected. enter agreements with Federal, public, Bunning Inouye Nelson (FL) Mrs. MURRAY. Madam President, I nonprofit organizations, and even pri- Byrd Johnson Nelson (NE) Cantwell Kennedy Pryor move to reconsider the vote, and I vate landowners to protect our coasts, Cardin Kerry Reed move to lay that motion on the table. wetlands, and watersheds contained Carper Klobuchar Reid The motion to lay on the table was within and outside of national park Casey Kohl Rockefeller boundaries. This act supports collabo- Conrad Landrieu Salazar agreed to. Corker Lautenberg Sanders Mr. AKAKA. Madam President, rative efforts that will greatly benefit Craig Leahy Schumer today, I express my support of S. 2739, generations of park visitors.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2879 Just as important as having coopera- tablish a foundation for future legisla- and local governments on the adminis- tive agreements is the ability of these tion that would then designate appro- tration of the trail. The bill prohibits entities to work together and use them priate sites for national historic land- land or interest in land outside the ex- to combat the spread of invasive spe- mark status. terior boundaries of any federally ad- cies. Invasive species are one of the Since the 107th Congress, I’ve worked ministered area from being acquired greatest threats to our natural and cul- to pass the Cesar Chavez study lan- for the trail without the consent of the tural heritage. Invasive species are the guage. It has received an overwhelming owner. primary cause of decline in Hawaii’s positive response, not only from my The trail will open new economic op- threatened and endangered species, and fellow Arizonans, but from Americans portunities for many Maryland com- cause hundreds of millions of dollars in all across the Nation. munities, including Calvert County, damages to Hawaii’s agricultural in- Cesar Chavez was a humble man of our Port Towns of Prince George’s dustry, tourism, real estate, and water deep conviction who understood what County, and Baltimore City. More im- quality. it meant to serve and sacrifice for oth- portantly, the Star-Spangled Banner One very successful public-private ers. Honoring the places of his life will National Historic Trail will guide partnership in my State is occurring at enable his legacy to inspire and serve Americans on a path that will help Hawaii Volcanoes National Park on the as an example for our future leaders. It them understand the events that lead island of Hawaii. The Ola’a-Kilauea is important that we remember his up to the epic battle at Fort McHenry Partnership is a cooperative land man- struggle and do what we can to pre- in Baltimore Harbor. agement effort involving State and serve appropriate landmarks that are Federal entities and willing private significant to his life.∑ At the fort, the garrison flag was landowners. This partnership has joint- Mr. CARDIN. Madam President, flown on September 13 and 14, 1814, dur- ly fenced 14,100 acres on State and pri- today the Senate takes an important ing the Battle of Baltimore. As the vate lands and eliminated the feral pig step forward in celebrating and com- routed British ships sailed out of Balti- population from 9,800, while also con- memorating one of our Nation’s most more Harbor on the morning of the trolling feral pigs in an additional 4,300 important emblems and historic peri- 14th, lawyer Francis Scott Key was in- acres. ods. Included in the Consolidated Nat- spired to write the patriotic and defi- There are other examples, such as ef- ural Resources Act of 2008 is legislation ant words of a poem that became the forts on the island of Maui. I am proud that I authored, the Star-Spangled rallying cry for Americans who had to mention the work of the Maui Banner National Historic Trail Act. I fought their first war as a united na- Invasive Species Committee, which am proud to be joined by cosponsors of tion. The poem was set to music and brings together the resources of indi- the original bill, including Senators the song became the national anthem viduals, and the Federal and State gov- MIKULSKI, WARNER, WEBB, and KEN- in 1931. ernments to collaborate and combat NEDY. The ‘‘Star-Spangled Banner’’ was invasive species. One of the barriers This land and water trail of almost given to the Smithsonian Institution they have faced in the past is the in- 300 miles covers parts of Maryland, Vir- in 1907 by the grandson of the com- ability to spend Federal funds on ginia, and the District of Columbia to mander of Fort McHenry, LTC George projects that treat invasive species on commemorate the events leading up to Armistead, so that it could be pre- lands adjacent to national park bor- the writing of the ‘‘Star-Spangled Ban- served and displayed for the public. ders, where there is a clear and direct ner’’ during the Chesapeake Campaign While the Smithsonian’s National Mu- benefit to parks. This bill will provide of the War of 1812. seum of American History is currently the necessary authorization to support The trail traces the following major closed for extensive renovation, its re- such efforts. This is especially vital as events: the arrival of the British fleet opening this summer will showcase the such cooperative agreements focus co- on the Patuxent River; the landing of Banner in an impressive new exhibit. operative action to reduce invasive the British forces in Benedict, MD; the Mr. President, every day across the species on our national parks and other sinking of the Chesapeake Flotilla at country, Americans salute the Amer- lands across the country. Pig Point in Prince George’s County ican flag. The Senate recites the The cooperative agreement provi- and Anne Arundel County, MD; the Pledge of Allegiance to the Flag every sions of Title III provide a very impor- American defeat at the Battle of legislative day. In sports arenas and tant step in controlling invasive spe- Bladensburg; the siege of the Nation’s countless other venues, we salute the cies that are crossing geographic and Capital and the burning of the U.S. flag daily. Today, I salute the work of jurisdictional boundaries. Land man- Capitol and the White House in Wash- the Senate in passing the Star-Span- agers and other involved governments ington, DC; the route of the American gled Banner National Historic Trail as and organizations will have another troops from Washington through part of the Consolidated Natural Re- tool to help address their invasive spe- Georgetown, the Maryland counties of sources Act of 2008. Through this legis- cies management issues. Also it will Montgomery, Howard, and Baltimore, lation, millions of visitors will be in- allow the Secretary of the Department and the city of Baltimore to the Battle spired with the history of this iconic of Interior to protect park resources of North Point; and the ultimate vic- object and its significance during this through collaborative efforts in lands tory of the Americans at Fort McHenry important period of American history. within and outside of National Park on September 14, 1814. System units. The National Park Service will ad- Mr. NELSON of Nebraska. Madam I stand in strong support for the Con- minister the trail and coordinate the President, I rise today to speak on an solidated Natural Resources Act. I en- efforts of public and private entities on item included in the bill before us. Be- courage my colleagues to join in keep- trail administration, planning, devel- fore I address this particular issue, I ing our precious national resources and opment, and maintenance. Fort first want to voice my strong support historic sites available for future gen- McHenry will be the lead park unit for for some of the individual components erations, as well as meeting the needs trail operations. The land routes would that have been assembled in the con- of the Pacific region. follow existing public roads, along solidated package currently before the ∑ Mr. McCAIN. Madam President, I am which British and American troops body. pleased that the Senate passed the traveled. Over time, the routes will be The Lewis and Clark National His- Cesar Estrada Chavez Study Act of marked on the ground and at water ac- toric Trail extension and the Platte 2007, which was included as part of the cess points. In cases where the original River Recovery Implementation Pro- larger public lands package, S. 2739. routes have been lost to development gram and Pathfinder Modification The bill would authorize the National or other causes, they could be inter- Project authorization are measures I Park Service to study whether any of preted through waysides as appropriate have been working on for some time, the sites significant to Chavez’s life and feasible. and I want to thank Chairman BINGA- meet the criteria for being listed on The bill requires the Secretary to en- MAN for his efforts in bringing these the National Register of Historic Land- courage public participation and con- measures to the point where they will marks. The goal of the study is to es- sult with landowners, Federal, State, shortly pass the Senate.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2880 CONGRESSIONAL RECORD — SENATE April 10, 2008 But there is another matter in this national Quilt Study Center & Museum tivities planned to honor his life is de- bill that is of some importance to Ne- is a dynamic center of formal and in- velopment of the Abraham Lincoln Na- braska and to my constituents. In- formal learning and discovery for stu- tional Heritage Area. Communities in cluded in the bill is a section express- dents, teachers, scholars, artists, quilt- 42 Illinois counties have worked to- ing the sense of Congress that a mu- ers, and others from across the Nation gether to document Lincoln’s time in seum located in Paducah, KY should be and around the world. the State, assess the status of the designated as ‘‘the National Quilt Mu- The International Quilt Study Center places that played a role in his life and seum of the United States.’’ Now, this & Museum has the largest privately career, and recommend a plan to help measure is nonbinding and carries no held quilt collection in the world— develop the narrative of Lincoln’s im- legal authority. As far as we can tell, it more than 2,300 quilts from 49 States print on Illinois. The goal is to help de- confers no authority for funding or and 23 foreign countries. velop sites in places where there is a anything of that nature. However, I The International Quilt Study Center Lincoln story to tell but no place to would be remiss if I failed to mention & Museum is centrally located in the tell that story. Although the heritage that I had been working to resolve heart of the United States and is open area focuses on the life of Abraham some concerns that I and some of my to the public year-round. I wish I could Lincoln, the heritage area also brings constituents have with this section. share information on the number of out the rich history of each partici- You see, just the week before last, visitors who enjoy the museum each pating community, creating a broader the International Quilt Study Center & year, but the new facility is so new context for Lincoln and his times. that such data is unavailable. However, Museum opened its doors in Lincoln, Illinois features prominently in an- NE. This is a remarkable, 37,000 square we do know that individuals from all 50 States and from more than 15 foreign other important, earlier story in the foot facility that houses the world’s making of America—the historic expe- largest privately held collection of countries have visited the Inter- national Quilt Study Center & Museum dition of Meriwether Lewis and Wil- quilts. liam Clark across the western frontier. Thus, back in February, I objected to in its previous homes. Much has been said and written about a unanimous consent request to pass H. The International Quilt Study Center that western journey, but equally fas- Con. Res. 209, a concurrent resolution & Museum has an international advi- cinating is the ‘‘Eastern Legacy’’ of expressing the sense of Congress re- sory board and annual supporters from the Lewis and Clark expedition. garding the designation of the mu- all 50 States and many foreign coun- seum. That resolution had previously tries, and hundreds of supporters, vol- The journey began right here in the passed the House of Representatives unteers, and quilt guilds have sup- District of Columbia. That is where unanimously. I have been working with ported the International Quilt Study President Thomas Jefferson directed the distinguished minority leader, Mr. Center annually since its formation in his private secretary Meriwether Lewis 1997. MCCONNELL, and Congressman in June 1803 to lead a mission through The International Quilt Study Cen- WHITFIELD of Kentucky, whose district the vast unknown territory west of the ter’s collections represent the entire includes Paducah, to craft a solution Mississippi River to the Pacific Ocean. gamut of quilt making in the United that would appropriately praise both Lewis gathered supplies and men in States, plus its antecedents in Europe. many Eastern States before meeting up museums for their individual and In addition, the International Quilt unique contributions to the world of with William Clark in Kentucky and Study Center holds examples of cul- traveling to Illinois. quilts and quilt-making. I would like tural traditions from more than 23 to thank them for their willingness to countries. Lewis and Clark established their work with me. In closing, the International Quilt winter camp at the mouth of the Wood Unfortunately, the entirety of H. Study Center & Museum in Nebraska is River in Illinois. The following spring Con. Res. 209 was included in section recognized nationally and internation- their Corps of Discovery departed 335 of this bill before these discussions ally for its place of prominence in its Camp Dubois and began their historic were able to run their course. I have field. It has the largest publicly held scientific expedition west. Lewis filed an amendment to strike this sec- collection of quilts in the world; it is marked this spot near present-day tion from the bill, so that we might the largest quilt museum in the world; Wood River, IL, as the official ‘‘point continue to work out a resolution that it is the only academic center devoted of departure.’’ Two and a half years properly honors the Paducah museum to quilt studies; it offers the only grad- later, the team returned to this camp while not making any exclusive des- uate program in textile history with a after its remarkable adventure to the ignations that exclude the Inter- quilt studies emphasis. At the appro- Pacific coast. national Quilt Study Center, but I un- priate time, I hope the Congress will The bill the Senate is considering derstand the situation is such that my see fit to bestow upon it an honor befit- will preserve this important and fas- amendment is prevented from consider- ting its contributions to our Nation’s cinating story through the Lewis and ation before the full Senate. art, our heritage, and our history. Clark National Historic Trail Exten- Looking forward, I plan to honor this Mr. DURBIN. Madam President, as sion, which will include sites associ- remarkable organization at the Univer- the Senate considers the Consolidated ated with the preparation and return sity of Nebraska in an appropriate Natural Resources Act, I would like to phases of the expedition—the Eastern manner. For purposes of balancing the highlight two provisions that are im- Legacy. The trail extension includes record here today, I want to mention a portant for Illinois: the Abraham Lin- sites in 11 Eastern States and the Dis- few things about the remarkable facil- coln National Heritage Area and the trict of Columbia. The trail in Illinois ity in Nebraska. Lewis and Clark National Historic The International Quilt Study Center includes sites from Metropolis along Trail Extension. the Ohio River to Wood River at the & Museum has 37,000 square feet of ex- Illinois is known as the Land of Lin- confluence of the Missouri and Mis- hibition galleries, collections storage, coln for good reason. Our 16th Presi- sissippi Rivers. collections care, a reception hall, a li- dent spent more than 30 years of his brary, reading room and classroom life in central Illinois, starting in 1830 These two initiatives are very impor- space. It is housed in a beautiful, newly when his family moved to Macon Coun- tant to Illinois. I know the bill in- constructed building designed by ty from Indiana. Abraham Lincoln had cludes similar initiatives in other world-renowned architecture firm Rob- virtually no formal education—perhaps States. These development areas are ert A.M. Stern Architects and built 18 months of schooling. His rise from significant, not just for the historic with $12 million in private donations. humble origins to the highest office in and cultural legacy but also for the The mission of the International the land and his decisive leadership economic development value for the Quilt Study Center & Museum is to col- through the most harrowing period of host communities. Many Illinois com- lect, preserve, study, exhibit, and pro- U.S. history brings hope and inspira- munities participating in these herit- mote discovery of quilts and quilt- tion to all of us. age areas are very rural—with popu- making traditions from many cultures, Next year marks the bicentennial of lations less than 3,000, few resources, countries, and time periods. The Inter- Lincoln’s birth. Among the public ac- and high unemployment rates.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2881 The bill does much to preserve areas Heritage Areas, including the area Other criticisms include concerns of natural beauty and expand our na- along Route 15 in Virginia. Known as about the costs of heritage areas, and tional historic trail system and na- the Journey Through Hallowed Ground, also that heritage areas increase the tional heritage areas that bring fami- this effort has been championed by my- role of the Federal Government. To the lies outdoors and across our Nation to self, my good friend Congressman issue of costs, I note that heritage discover important events and geo- FRANK WOLF, and Senator JIM WEBB. I areas provide a way for the Federal graphic locations in the creation of thank them for all their efforts on be- Government to highlight our Nation’s America. It also celebrates Native half of this legislation. historical, cultural, and natural re- American, Colonial American, Euro- As my colleagues are aware, National sources without having to actually own pean American, Latino American, and Heritage Areas are intended to encour- and maintain them—which, as we know African American heritage. Finally, age residents, government agencies, by the current maintenance backlogs the bill establishes memorials and mu- nonprofit groups, and private partners in the Park System, are quite costly to seums to honor our past and authorizes to collaboratively plan and implement the American taxpayer. Secondly, I studies as the first step toward pre- programs and projects to recognize, would like to remind my friends that serving historic sites that are at risk of preserve, and celebrate many of Amer- often heritage areas require a funding being forgotten ica’s defining landscapes. Today, there match before a single Federal dollar Illinoisans are proud of our heritage are 37 National Heritage Areas spread can be appropriated. This is the case and our place in history. The preserva- out across the United States. for the heritage area which I come to In Virginia, we are lucky enough to tion programs in the Consolidated Nat- champion today—The Journey have a landscape that is worthy of the ural Resources Act help tell America’s Through Hallowed Ground. Every tax- recognition and celebration that a Na- stories—stories of sacrifice, bravery, payer dollar that is appropriated to the tional Heritage Area designation would and awe of the land’s natural beauty— Journey Through Hallowed Ground afford it. Stretching through four so that we and our children can carry States, and generally following the must be matched equally by non-Fed- on the historical traditions that others path of the Old Carolina Road, today’s eral entities. As for the other criticism, that herit- have handed down to us. Route 15, the proposed Journey The Consolidated Natural Resources age areas increase the role of the Fed- Through Hallowed Ground National Act is a bipartisan package that brings eral Government and impose upon Heritage Area is home to some of our together nearly four dozen projects to Nation’s greatest historic, cultural, State and local governments, I note preserve our Nation’s land and our Na- and natural treasures. The region’s that heritage areas require and provide tion’s heritage. riches read like a star-studded list of exorbitant opportunity for State and Mr. INOUYE. Madam President, American History: Monticello, Montpe- local input. In fact, in forming the Hal- today I join my colleagues in sup- lier, Manassas, Gettysburg. The list lowed Ground, the local coordinating porting the passage of S. 2739, the om- goes on. In all, there are 15 National entity sought and received support nibus lands bill, which included two Historic Landmarks, 47 historic dis- from every local city, county, and town issues of special interest to me. First, tricts, a number of Presidential homes, within the proposed Heritage Area. The the bill seeks to correct profound prob- and the largest collection of Civil War Governor and Virginia General Assem- lems in local immigration laws that battlefields in the Country. It is an bly, whom I sincerely thank, also sup- have enabled the import of low paid, area, literally, where America hap- ported this effort. I commend the Jour- short termed indentured workers to be pened. ney Through Hallowed Ground Part- brought to the Commonwealth of the With basic, technical assistance from nership for reaching out to all these Northern Mariana Islands, CNMI. Some the National Park Service, this pro- groups. were bought to work in garment fac- posed Heritage area would be managed In conclusion, I urge my colleagues tories. Others arrived in the CNMI, by The Journey Through Hallowed to join me in supporting this legisla- only to find that there was no job wait- Ground Partnership, a nonprofit entity tion, and I thank you for this oppor- ing for them, and were forced to find whose sole purpose is to trumpet the tunity to speak on behalf of The Jour- unpalatable means to work off their magnificence of the Hallowed Ground’s ney Through Hallowed Ground. bondage debt. I am pleased that today, offerings. Already, the Partnership has Mr. DOOD. Madam President, I sup- this bill will address longstanding con- provided opportunities for thousands of port of S. 2739, the Consolidated Nat- cerns regarding the CNMI’s immigra- visitors to enjoy the region’s spectac- ural Resources Act of 2008, sponsored tion problems. ular natural and historical resources, by Senator BINGAMAN, the chairman of Secondly, this bill also includes a and they have worked hard to get this the Energy and Natural Resources provision to expand the boundary of area the designation and recognition it Committee. This legislation will pro- the Minidoka Internment National deserves. tect and preserve natural treasures all Monument, and establish a unit on Now, before I conclude, I would like across this country. It is of particular Bainbridge Island, Washington, for a to take a quick moment to address sev- importance to me and to the people of new Japanese American Memorial at eral of the arguments voiced by critics Connecticut, as it contains a provision the Eagledale Ferry Dock. The against national heritage areas. First I authored that would ensure the pres- Minidoka site is significant, because and foremost among these arguments, ervation of the Eightmile River water- the Minidoka Internment Camp fea- is that national heritage areas infringe shed under the auspices of the Wild and tured the highest level of military par- upon private property rights. This sim- Scenic Rivers Act. ticipation in any of the camps, and ply is not accurate. As the Government As elected representatives, I believe Bainbridge Island was the first commu- Accountability Office, GAO, noted in that one of our most important obliga- nity for Japanese Americans to be relo- testimony to the Energy and Natural tions is to ensure that this country’s cated to. I believe that we need to do Resources Committee, ‘‘National herit- vast array of natural resources and wil- all that we can to preserve internment age areas do not appear [to affect] pri- derness is managed in an environ- camp sites, because they serve as a vate property rights’’, GAO–04–593T. mentally responsible and sustainable powerful reminder of how important it Furthermore, as an example that they way. We owe it to future generations of is to have a vibrant democracy that don’t, I offer up the State of Tennessee, Americans to protect the areas of pris- protects the civil liberties of all. in its entirety, which today is des- tine beauty and ecological diversity Mr. WARNER. Madam President, I ignated a national heritage area and that figure so prominently in our Na- rise today in support of the Consoli- has had no intrusion on property tion’s history and character. Since dated Natural Resources Act, S. 2739. rights. And, lastly, I point to language 1968, the National Wild and Scenic This omnibus package includes lan- in this legislation that I specifically River Act has played a critical role in guage that is especially important to put in to ensure that no intrusion on furthering this mission by making it my State, as well as the Nation. property rights occured. It states, in the policy of the United States to pre- Amongst other things, S. 2739 would some detail, that ‘‘nothing in this sub- serve in free-flowing fashion, rivers of, designate some of America’s most his- title abridges the rights of any prop- to quote the act, ‘‘scenic, recreational, toric and beautiful lands as National erty owner.’’ geologic, fish and wildlife, historic,

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2882 CONGRESSIONAL RECORD — SENATE April 10, 2008 cultural or other similar values . . . for There are four bills in this package All the bills in this package have my the benefit and enjoyment of present that I am particularly proud to sup- support and the support of the Energy and future generations.’’ port: S. 500, a bill that would form a and Natural Resources Committee, but Designation of the Eightmile River commission to study the possible cre- there are four bills of which I am par- as a Wild and Scenic River enjoys ex- ation of the National Museum of the ticularly proud. traordinarily broad support in my American Latino; S. 1116, a bill that The first, S. 500, would help us deter- home State, and a 3-year study by the would help make better use of the mine how we can more properly recog- National Park Service found that the water that is produced as a byproduct nize the contributions of Hispanic river meets the criteria to receive a of energy development; S. 752, a bill Americans to our nation’s history. The ‘‘scenic’’ designation. The entire Con- that would authorize a program to as- Commission to Study the Potential necticut Congressional delegation sup- sist with endangered species recovery Creation of the National Museum of ports this legislation, as does the Con- along the Platte River in Colorado, Ne- the American Latino Act of 2007 would necticut State Legislature, which braska, and Wyoming; and S. 327, the do what its title suggests: it would es- passed a resolution of support. Most Ce´sar Estrada Cha´ vez Study Act, which tablish a commission to study the po- importantly, designation is supported would help preserve the legacy of one tential creation of a national museum by the communities that will be most of our Nation’s most important civil dedicated to the art, culture, and his- affected by this designation, those in rights leaders. tory of Hispanic Americans. The Com- the Eightmile watershed. This effort to I want to spend a couple minutes mission will be tasked with studying preserve the special attributes of the talking about each of these bills, but the impact of the potential museum Eightmile is a product of the commu- first, Mr. President, I want to discuss and the cost of construction and main- nities’ recognition of the beauty and the process through which we are de- tenance. It will also be tasked with de- fragility of the special place in which bating these bills. veloping an action plan, a fundraising they live. Votes in each community This is, as my colleagues all know, a plan, and a recommendation on wheth- were strongly in favor of designation, highly unusual process for debating er to proceed with construction of the in part because the study process and natural resource bills. Typically, the museum. debate allowed for many perspectives Senate is able to take up and pass with The second, S. 1116, is a bill I worked to be heard. the strong support the 100 Members in on with my colleague from Colorado, The attributes of the river that are this Chamber—most bills that pertain so valued by the residents of Con- Representative MARK UDALL, which to national parks, forests, national mu- would help make better use of the necticut include its clean water, with seums, historic preservation, and cul- 92 percent of the watershed’s water that is produced during energy tural resource protections. If a bill development. Each day, more than two streamwater meeting the State’s high- clears the Senate Energy and Natural est quality standards, and no point million gallons of useable groundwater Resources Committee by unanimous are wasted, turned into what is known sources of pollution. The streams flow consent it is likely that the full Senate freely with no dams or diversions—rare as ‘‘produced water,’’ after it is will clear it by unanimous consent. brought to the surface during oil and in a State that has been densely popu- Why has this been the practice? Be- gas drilling or coal bed methane ex- lated as long as Connecticut. Eighty cause most of the bills we pass out of traction. This water is often contami- percent of the land area is forested. the Energy and Natural Resources nated beyond use. The natural streams and large areas of Committee are bipartisan, non- interconnected forest provide habitat The ‘‘More Water, More Energy, Less controversial, and easily garner the Waste Act of 2007’’, cosponsored by for rare species. In fact, the study for unanimous support of 100 Members. Senators BINGAMAN, DOMENICI, and eligibility determined that the This is how Congress established the ENZI—along with the late Senator Eightmile River watershed ranks in Black Canyon of the Gunnison Na- Thomas—initiates a feasibility study the 99th percentile in New England for tional Park in Colorado in 1999. It is globally rare species per unit area. The how we passed the Great Sand Dunes on recovering ‘‘produced water.’’ It residents of this unique area treasure National Park and Preserve Act in my also establishes a grant program to the beautiful character of the native San Luis Valley in 2000. It is test technologies that would convert Eightmile watershed. It is a quin- how we established the Sand Creek ‘‘produced’’ water to ‘‘useable’’ water. This bill will be of great value in the tessential rural New England land- Massacre National Historic Site in arid West, where we are constantly scape, dotted with colonial homes and Kiowa County in 2005. historic churches and unmarred by It is how we pass bills like the Buf- looking for ways to increase our water modern industrial development. falo Soldiers Commemoration Act, the supplies for crop irrigation, livestock The towns within the watershed have Eisenhower Memorial Act, and the watering, wildlife habitat, and rec- begun to implement the parts of the Ojito Wilderness Act. The list goes on reational opportunities. It is deserving watershed management plan that are and on. of swift passage. in their jurisdiction. Congressional des- Mr. President, on issues like health The third bill I would like to high- ignation as a Wild and Scenic River care, the economy, and Iraq, the par- light is S. 752, the Platte River Recov- will bolster these efforts and provide ties do have real and substantial dif- ery Implementation Program and the stability for ongoing long-term ferences, and those differences merit Pathfinder Modification Authorization preservation. I urge my colleagues to serious debate here on the floor. But on Act of 2007. It is a bill that Senator join me in supporting this important how to protect our national treasures BEN NELSON, Senator ALLARD, Senator legislation, and I thank the chairman and traditions, we are usually in lock HAGEL and I introduced. The bill au- of the Energy Committee for his ex- step. thorizes the Secretary of the Interior traordinary commitment to protecting Unfortunately, that has not been the to participate in a program to help en- this country’s natural treasures. case this year. Instead, every single dangered species recovery along the Mr. SALAZAR. Madam President, I bill that leaves the Energy and Natural Platte River in Nebraska, Colorado, rise today in strong support of S. 2739, Resources Committee, regardless of its and Wyoming. The Governors of Ne- a package of natural resource bills that subject or content, has encountered an braska, Colorado, and Wyoming and Chairman BINGAMAN has assembled. objection. the Department of Interior spent nine The bills that are in this package have Mr. President, each of us is certainly years developing the plan for this pro- received the unanimous endorsement within our rights in objecting to a bill. gram, which they finalized in 2006. of the Senate Energy and Natural Re- That is a solemn right in this chamber, S. 752 authorizes the Secretary of In- sources Committee and have cleared and it is one that ensures that when a terior to carry out the Endangered the House. I want to thank Senator Member has a strong, substantive ob- Species Recovery Program in partner- BINGAMAN for his leadership in the jection to a bill, he or she can be heard. ship with the States. Under the bill, Committee and I want to thank Major- Unfortunately, Mr. President, I fear the States and Federal Government ity Leader REID for bringing this pack- that the objections to these bills make will share costs, 50–50, on projects that age before the Senate for consider- it even more difficult to make progress provide benefits for endangered and ation. on the issues that face our Nation. threatened species recovery and that

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2883 help with the monitoring and research North Carolina (Mrs. DOLE), the Sen- TITLE III—NATIONAL PARK SERVICE on the benefits of the program. The bill ator from New Hampshire (Mr. GREGG), AUTHORIZATIONS authorizes $157 million to support the and the Senator from Arizona (Mr. Subtitle A—Cooperative Agreements federal portion of the work. MCCAIN). Sec. 301. Cooperative agreements for na- Finally, Mr. President, this package Further, if present and voting, the tional park natural resource includes a bill, S. 327, that would help Senator from North Carolina (Mrs. protection. preserve the legacy of one of our Na- DOLE) would have voted ‘‘yea.’’ Subtitle B—Boundary Adjustments and ´ Authorizations tion’s top civil rights leaders, Cesar The PRESIDING OFFICER. Are there ´ Sec. 311. Carl Sandburg Home National His- Estrada Chavez. any other Senators in the Chamber de- ´ toric Site boundary adjust- We all know the story of Cesar siring to vote? Cha´ vez. From a family of migrant farm ment. workers, Ce´sar Cha´ vez began working The result was announced—yeas 91, Sec. 312. Lowell National Historical Park nays 4, as follows: boundary adjustment. in the fields at age 10. He moved from Sec. 313. Minidoka National Historic Site. job to job across the Southwest, endur- [Rollcall Vote No. 101 Leg.] Sec. 314. Acadia National Park improve- ing the hardships and injustices of YEAS—91 ment. farm worker life. In 1952, at age 35, Akaka Dorgan Mikulski Subtitle C—Studies Cha´ vez started working as a commu- Alexander Durbin Murkowski Sec. 321. National Park System special re- nity activist, fighting for civil rights Allard Ensign Murray source study, Newtonia Civil Barrasso Enzi for all workers. Ten years later, he Nelson (FL) War Battlefields, Missouri. Baucus Feingold Nelson (NE) Sec. 322. National Park Service study re- founded the National Farm Workers Bayh Feinstein Pryor Association, which became the United Bennett Graham Reed garding the Soldiers’ Memorial Farm Workers of America, and led ef- Biden Grassley Reid Military Museum. Bingaman Hagel Roberts Sec. 323. Wolf House study. forts to improve wages and working Bond Harkin Rockefeller Sec. 324. Space Shuttle Columbia study. conditions. Cha´ vez, through his work Boxer Hatch Salazar Sec. 325. Ce´sar E. Cha´ vez study. to improve the lives of farm workers Brown Hutchison Brownback Inouye Sanders Sec. 326. Taunton, Massachusetts, special re- across the country, is one of our na- Bunning Isakson Schumer source study. tion’s most important civil rights lead- Burr Johnson Sessions Sec. 327. Rim of the Valley Corridor study. ers. We must honor his memory and re- Byrd Kennedy Shelby Subtitle D—Memorials, Commissions, and Smith member the sacrifices he made on our Cantwell Kerry Museums Cardin Klobuchar Snowe behalf. Carper Kohl Specter Sec. 331. Commemorative work to honor To that end, the Ce´sar Estrada Casey Kyl Stabenow Brigadier General Francis Mar- Cha´ vez Study Act would authorize the Chambliss Landrieu Stevens ion and his family. Secretary of the Interior to conduct a Cochran Lautenberg Sununu Sec. 332. Dwight D. Eisenhower Memorial Coleman Leahy resource study, not later than 3 years Tester Commission. Collins Levin Thune Sec. 333. Commission to Study the Potential after funds are made available, of sites Conrad Lieberman Voinovich Creation of a National Museum associated with the life of Ce´sar Corker Lincoln Warner Cornyn of the American Latino. Lugar Webb Estrada Cha´ vez. The study would help Craig Martinez Sec. 334. Hudson-Fulton-Champlain Whitehouse determine whether those sites meet the Crapo McCaskill Quadricentennial Commemora- Wicker Dodd McConnell criteria for being listed on the National Wyden tion Commission. Register of Historic Places or possible Domenici Menendez Sec. 335. Sense of Congress regarding the designation as national historic land- NAYS—4 designation of the Museum of marks. I am a proud co-sponsor of this the American Quilter’s Society Coburn Inhofe of the United States. bill and will continue to fight until it DeMint Vitter Sec. 336. Sense of Congress regarding the is passed. NOT VOTING—5 designation of the National Mu- Mr. President, I want to again thank seum of Wildlife Art of the Chairman BINGAMAN and Majority Clinton Gregg Obama Dole McCain United States. Leader REID for their leadership in Sec. 337. Redesignation of Ellis Island Li- bringing this package of lands bills to The bill (S. 2739) was passed, as fol- brary. the floor and for working to overcome lows: Subtitle E—Trails and Rivers the obstructionism that has, unfortu- S. 2739 Sec. 341. Authorization and administration nately, become so common in this of Star-Spangled Banner Na- Be it enacted by the Senate and House of Rep- body. These are bipartisan, common- tional Historic Trail. resentatives of the United States of America in Sec. 342. Land conveyance, Lewis and Clark sense bills that will help protect our Congress assembled, nation’s natural, cultural, and historic National Historic Trail, Ne- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. braska. heritage, and I urge their prompt pas- Sec. 343. Lewis and Clark National Historic sage. (a) SHORT TITLE.—This Act may be cited as the ‘‘Consolidated Natural Resources Act of Trail extension. The PRESIDING OFFICER. The 2008’’. Sec. 344. Wild and scenic River designation, question is on the engrossment and Eightmile River, Connecticut. (b) TABLE OF CONTENTS.—The table of con- third reading of the bill. tents of this Act is as follows: Subtitle F—Denali National Park and The bill was ordered to be engrossed Alaska Railroad Exchange Sec. 1. Short title; table of contents. for a third reading and was read the Sec. 351. Denali National Park and Alaska third time. TITLE I—FOREST SERVICE Railroad Corporation exchange. Mr. BINGAMAN. Madam President, I AUTHORIZATIONS Subtitle G—National Underground Railroad ask for the yeas and nays. Sec. 101. Wild Sky Wilderness. Network to Freedom Amendments The PRESIDING OFFICER. Is there a Sec. 102. Designation of national rec- Sec. 361. Authorizing appropriations for spe- sufficient second? There is a sufficient reational trail, Willamette Na- cific purposes. second. tional Forest, Oregon, in honor Subtitle H—Grand Canyon Subcontractors of Jim Weaver, a former Mem- The bill having been read the third Sec. 371. Definitions. ber of the House of Representa- time, the question is, Shall the bill Sec. 372. Authorization. tives. pass? TITLE IV—NATIONAL HERITAGE AREAS The clerk will call the roll. TITLE II—BUREAU OF LAND The legislative clerk called the roll. MANAGEMENT AUTHORIZATIONS Subtitle A—Journey Through Hallowed Ground National Heritage Area Mr. DURBIN. I announce that the Sec. 201. Piedras Blancas Historic Light Sta- Sec. 401. Purposes. Senator from New York (Mrs. CLINTON) tion. Sec. 402. Definitions. and the Senator from Illinois (Mr. Sec. 202. Jupiter Inlet Lighthouse Out- Sec. 403. Designation of the Journey OBAMA) are necessarily absent. standing Natural Area. Through Hallowed Ground Na- Mr. KYL. The following Senators are Sec. 203. Nevada National Guard land con- tional Heritage Area. necessarily absent: the Senator from veyance, Clark County, Nevada. Sec. 404. Management plan.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0655 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2884 CONGRESSIONAL RECORD — SENATE April 10, 2008 Sec. 405. Evaluation; report. Sec. 506. Conveyance of certain buildings designated as wilderness and, therefore, as Sec. 406. Local coordinating entity. and lands of the Yakima components of the National Wilderness Pres- Sec. 407. Relationship to other Federal agen- Project, Washington. ervation System: certain lands which com- cies. Sec. 507. Conjunctive use of surface and prise approximately 106,000 acres, as gen- Sec. 408. Private property and regulatory groundwater in Juab County, erally depicted on a map entitled ‘‘Wild Sky protections. Utah. Wilderness Proposal’’ and dated February 6, Sec. 409. Authorization of appropriations. Sec. 508. Early repayment of A & B Irriga- 2007, which shall be known as the ‘‘Wild Sky Sec. 410. Use of Federal funds from other tion District construction Wilderness’’. sources. costs. (2) MAP AND LEGAL DESCRIPTIONS.—As soon Sec. 411. Sunset for grants and other assist- Sec. 509. Oregon water resources. as practicable after the date of enactment of ance. Sec. 510. Republican River Basin feasibility this Act, the Secretary of Agriculture shall Subtitle B—Niagara Falls National Heritage study. file a map and a legal description for the wil- Area Sec. 511. Eastern Municipal Water District. derness area designated under this section Sec. 421. Purposes. Sec. 512. Bay Area regional water recycling with the Committee on Energy and Natural Sec. 422. Definitions. program. Resources of the Senate and the Committee Sec. 423. Designation of the Niagara Falls Sec. 513. Bureau of Reclamation site secu- on Natural Resources of the House of Rep- National Heritage Area. rity. resentatives. The map and description shall Sec. 424. Management plan. Sec. 514. More water, more energy, and less have the same force and effect as if included Sec. 425. Evaluation; report. waste. in this section, except that the Secretary of Sec. 426. Local coordinating entity. Sec. 515. Platte River Recovery Implementa- Agriculture may correct clerical and typo- Sec. 427. Niagara Falls Heritage Area Com- tion Program and Pathfinder graphical errors in the legal description and mission. Modification Project authoriza- map. The map and legal description shall be Sec. 428. Relationship to other Federal agen- tion. on file and available for public inspection in cies. Sec. 516. Central Oklahoma Master Conserv- the office of the Chief of the Forest Service, Sec. 429. Private property and regulatory atory District feasibility study. Department of Agriculture. protections. TITLE VI—DEPARTMENT OF ENERGY (b) ADMINISTRATION PROVISIONS.— (1) IN GENERAL.— Sec. 430. Authorization of appropriations. AUTHORIZATIONS Sec. 431. Use of Federal funds from other (A) Subject to valid existing rights, lands Sec. 601. Energy technology transfer. designated as wilderness by this section shall sources. Sec. 602. Amendments to the Steel and Alu- Sec. 432. Sunset for grants and other assist- be managed by the Secretary of Agriculture minum Energy Conservation ance. in accordance with the Wilderness Act (16 and Technology Competitive- U.S.C. 1131 et seq.) and this section, except Subtitle C—Abraham Lincoln National ness Act of 1988. that, with respect to any wilderness areas Heritage Area TITLE VII—NORTHERN MARIANA designated by this section, any reference in Sec. 441. Purposes. ISLANDS the Wilderness Act to the effective date of Sec. 442. Definitions. the Wilderness Act shall be deemed to be a Sec. 443. Designation of Abraham Lincoln Subtitle A—Immigration, Security, and Labor reference to the date of enactment of this National Heritage Area. Act. Sec. 701. Statement of congressional intent. Sec. 444. Management plan. (B) To fulfill the purposes of this section Sec. 702. Immigration reform for the Com- Sec. 445. Evaluation; report. and the Wilderness Act and to achieve ad- monwealth. Sec. 446. Local coordinating entity. ministrative efficiencies, the Secretary of Sec. 703. Further amendments to Public Law Sec. 447. Relationship to other Federal agen- Agriculture may manage the area designated 94–241. cies. by this section as a comprehensive part of Sec. 704. Authorization of appropriations. Sec. 448. Private property and regulatory the larger complex of adjacent and nearby Sec. 705. Effective date. protections. wilderness areas. Sec. 449. Authorization of appropriations. Subtitle B—Northern Mariana Islands (2) NEW TRAILS.— Sec. 450. Use of Federal funds from other Delegate (A) The Secretary of Agriculture shall con- sources. Sec. 711. Delegate to House of Representa- sult with interested parties and shall estab- Sec. 451. Sunset for grants and other assist- tives from Commonwealth of lish a trail plan for Forest Service lands in ance. the Northern Mariana Islands. order to develop— Subtitle D—Authorization Extensions and Sec. 712. Election of Delegate. (i) a system of hiking and equestrian trails Viability Studies Sec. 713. Qualifications for Office of Dele- within the wilderness designated by this sec- Sec. 461. Extensions of authorized appropria- gate. tion in a manner consistent with the Wilder- tions. Sec. 714. Determination of election proce- ness Act (16 U.S.C. 1131 et seq.); and Sec. 462. Evaluation and report. dure. (ii) a system of trails adjacent to or to pro- Subtitle E—Technical Corrections and Sec. 715. Compensation, privileges, and im- vide access to the wilderness designated by Additions munities. this section. Sec. 471. National Coal Heritage Area tech- Sec. 716. Lack of effect on covenant. (B) Within 2 years after the date of enact- nical corrections. Sec. 717. Definition. ment of this Act, the Secretary of Agri- Sec. 472. Rivers of steel national heritage Sec. 718. Conforming amendments regarding culture shall complete a report on the imple- area addition. appointments to military serv- mentation of the trail plan required under Sec. 473. South Carolina National Heritage ice academies by Delegate from this section. This report shall include the Corridor addition. the Commonwealth of the identification of priority trails for develop- Sec. 474. Ohio and Erie Canal National Her- Northern Mariana Islands. ment. itage Corridor technical correc- TITLE VIII—COMPACTS OF FREE (3) REPEATER SITE.—Within the Wild Sky tions. ASSOCIATION AMENDMENTS Wilderness, the Secretary of Agriculture is authorized to use helicopter access to con- Sec. 475. New Jersey Coastal Heritage trail Sec. 801. Approval of Agreements. struct and maintain a joint Forest Service route extension of authoriza- Sec. 802. Funds to facilitate Federal activi- and Snohomish County telecommunications tion. ties. repeater site, in compliance with a Forest Subtitle F—Studies Sec. 803. Conforming amendment. Service approved communications site plan, Sec. 804. Clarifications regarding Palau. Sec. 481. Columbia-Pacific National Herit- for the purposes of improving communica- Sec. 805. Availability of legal services. age Area study. tions for safety, health, and emergency serv- Sec. 806. Technical amendments. Sec. 482. Study of sites relating to Abraham ices. Sec. 807. Transmission of videotape pro- Lincoln in Kentucky. (4) FLOAT PLANE ACCESS.—As provided by gramming. TITLE V—BUREAU OF RECLAMATION section 4(d)(1) of the Wilderness Act (16 AND UNITED STATES GEOLOGICAL Sec. 808. Palau road maintenance. Sec. 809. Clarification of tax-free status of U.S.C. 1133(d)(1)), the use of floatplanes on SURVEY AUTHORIZATIONS trust funds. Lake Isabel, where such use has already be- Sec. 501. Alaska water resources study. Sec. 810. Transfer of naval vessels to certain come established, shall be permitted to con- Sec. 502. Renegotiation of payment sched- foreign recipients. tinue subject to such reasonable restrictions ule, Redwood Valley County as the Secretary of Agriculture determines Water District. TITLE I—FOREST SERVICE to be desirable. Sec. 503. American River Pump Station AUTHORIZATIONS (5) EVERGREEN MOUNTAIN LOOKOUT.—The Project transfer. SEC. 101. WILD SKY WILDERNESS. designation under this section shall not pre- Sec. 504. Arthur V. Watkins Dam enlarge- (a) ADDITIONS TO THE NATIONAL WILDER- clude the operation and maintenance of the ment. NESS PRESERVATION SYSTEM.— existing Evergreen Mountain Lookout in the Sec. 505. New Mexico water planning assist- (1) ADDITIONS.—The following Federal same manner and degree in which the oper- ance. lands in the State of Washington are hereby ation and maintenance of such lookout was

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2885 occurring as of the date of enactment of this TITLE II—BUREAU OF LAND as part of the National Landscape Conserva- Act. MANAGEMENT AUTHORIZATIONS tion System to protect the resources of the (c) AUTHORIZATION FOR LAND ACQUISITION.— SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT area, and shall allow only those uses that (1) IN GENERAL.—The Secretary of Agri- STATION. further the purposes for the establishment of culture is authorized to acquire lands and in- (a) DEFINITIONS.—In this section: the Outstanding Natural Area, the Federal terests therein, by purchase, donation, or ex- (1) LIGHT STATION.—The term ‘‘Light Sta- Land Policy and Management Act of 1976 (43 change, and shall give priority consideration tion’’ means Piedras Blancas Light Station. U.S.C. 1701 et seq.), and other applicable to those lands identified as ‘‘Priority Acqui- (2) OUTSTANDING NATURAL AREA.—The term laws. sition Lands’’ on the map described in sub- ‘‘Outstanding Natural Area’’ means the (4) WITHDRAWAL.—Subject to valid existing section (a)(1). The boundaries of the Mt. Piedras Blancas Historic Light Station Out- rights, and in accordance with the existing Baker-Snoqualmie National Forest and the standing Natural Area established pursuant withdrawal as set forth in Public Land Order Wild Sky Wilderness shall be adjusted to en- to subsection (c). 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal compass any lands acquired pursuant to this (3) PUBLIC LANDS.—The term ‘‘public Register 52149), the Federal lands and inter- section. lands’’ has the meaning stated in section ests in lands included within the Out- (2) ACCESS.—Consistent with section 5(a) of 103(e) of the Federal Land Policy and Man- standing Natural Area are hereby withdrawn the Wilderness Act (16 U.S.C. 1134(a)), the agement Act of 1976 (43 U.S.C. 1703(e)). from— Secretary of Agriculture shall ensure ade- (4) SECRETARY.—The term ‘‘Secretary’’ (A) all forms of entry, appropriation, or quate access to private inholdings within the means the Secretary of the Interior. disposal under the public land laws; Wild Sky Wilderness. (b) FINDINGS.—Congress finds as follows: (B) location, entry, and patent under the (3) APPRAISAL.—Valuation of private lands (1) The publicly owned Piedras Blancas public land mining laws; and shall be determined without reference to any Light Station has nationally recognized his- (C) operation of the mineral leasing and restrictions on access or use which arise out torical structures that should be preserved geothermal leasing laws and the mineral ma- of designation as a wilderness area as a re- for present and future generations. sult of this section. (2) The coastline adjacent to the Light Sta- terials laws. (d) LAND EXCHANGES.—The Secretary of tion is internationally recognized as having (d) MANAGEMENT OF THE PIEDRAS BLANCAS Agriculture shall exchange lands and inter- significant wildlife and marine habitat that HISTORIC LIGHT STATION OUTSTANDING NAT- ests in lands, as generally depicted on a map provides critical information to research in- URAL AREA.— entitled ‘‘Chelan County Public Utility Dis- stitutions throughout the world. (1) IN GENERAL.—The Secretary shall man- trict Exchange’’ and dated May 22, 2002, with (3) The Light Station tells an important age the Outstanding Natural Area in a man- the Chelan County Public Utility District in story about California’s coastal prehistory ner that conserves, protects, and enhances accordance with the following provisions: and history in the context of the surrounding the unique and nationally important histor- (1) If the Chelan County Public Utility Dis- region and communities. trict, within 90 days after the date of enact- ical, natural, cultural, scientific, edu- (4) The coastal area surrounding the Light cational, scenic, and recreational values of ment of this Act, offers to the Secretary of Station was traditionally used by Indian Agriculture approximately 371.8 acres within that area, including an emphasis on pre- people, including the Chumash and Salinan serving and restoring the Light Station fa- the Mt. Baker-Snoqualmie National Forest Indian tribes. cilities, consistent with the requirements of in the State of Washington, the Secretary (5) The Light Station is historically associ- subsection (c)(3). shall accept such lands. ated with the nearby world-famous Hearst (2) USES.—Subject to valid existing rights, (2) Upon acceptance of title by the Sec- Castle (Hearst San Simeon State Historical the Secretary shall only allow such uses of retary of Agriculture to such lands and in- Monument), now administered by the State the Outstanding Natural Area as the Sec- terests therein, the Secretary of Agriculture of California. shall convey to the Chelan County Public (6) The Light Station represents a model retary finds are likely to further the pur- Utility District a permanent easement, in- partnership where future management can poses for which the Outstanding Natural cluding helicopter access, consistent with be successfully accomplished among the Fed- Area is established as set forth in subsection such levels as used as of the date of enact- eral Government, the State of California, (c)(1). ment of this Act, to maintain an existing te- San Luis Obispo County, local communities, (3) MANAGEMENT PLAN.—Not later than 3 lemetry site to monitor snow pack on 1.82 and private groups. years after of the date of enactment of this acres on the Wenatchee National Forest in (7) Piedras Blancas Historic Light Station Act, the Secretary shall complete a com- the State of Washington. Outstanding Natural Area would make a sig- prehensive management plan consistent with (3) The exchange directed by this section nificant addition to the National Landscape the requirements of section 202 of the Fed- shall be consummated if Chelan County Pub- Conservation System administered by the eral Land Policy and Management Act of lic Utility District conveys title acceptable Department of the Interior’s Bureau of Land 1976 (43 U.S.C. 1712) to provide long-term to the Secretary and provided there is no Management. management guidance for the public lands hazardous material on the site, which is ob- (8) Statutory protection is needed for the within the Outstanding Natural Area and jectionable to the Secretary. Light Station and its surrounding Federal fulfill the purposes for which it is estab- (4) In the event Chelan County Public Util- lands to ensure that it remains a part of our lished, as set forth in subsection (c)(1). The ity District determines there is no longer a historic, cultural, and natural heritage and management plan shall be developed in con- need to maintain a telemetry site to monitor to be a source of inspiration for the people of sultation with appropriate Federal, State, the snow pack for calculating expected run- the United States. and local government agencies, with full off into the Lake Chelan hydroelectric (c) DESIGNATION OF THE PIEDRAS BLANCAS public participation, and the contents shall project and the hydroelectric projects in the HISTORIC LIGHT STATION OUTSTANDING NAT- include— Columbia River Basin, the Secretary shall be URAL AREA.— (A) provisions designed to ensure the pro- notified in writing and the easement shall be (1) IN GENERAL.—In order to protect, con- tection of the resources and values described extinguished and all rights conveyed by this serve, and enhance for the benefit and enjoy- in subsection (c)(1); exchange shall revert to the United States. ment of present and future generations the (B) objectives to restore the historic Light SEC. 102. DESIGNATION OF NATIONAL REC- unique and nationally important historical, Station and ancillary buildings; REATIONAL TRAIL, WILLAMETTE NA- natural, cultural, scientific, educational, (C) an implementation plan for a con- TIONAL FOREST, OREGON, IN scenic, and recreational values of certain tinuing program of interpretation and public HONOR OF JIM WEAVER, A FORMER lands in and around the Piedras Blancas education about the Light Station and its MEMBER OF THE HOUSE OF REP- Light Station, in San Luis Obispo County, importance to the surrounding community; RESENTATIVES. California, while allowing certain rec- (D) a proposal for minimal administrative (a) DESIGNATION.—Forest Service trail reational and research activities to continue, and public facilities to be developed or im- number 3590 in the Willamette National For- there is established, subject to valid existing proved at a level compatible with achieving est in Lane County, Oregon, which is a 19.6 mile trail that begins and ends at North rights, the Piedras Blancas Historic Light the resources objectives for the Outstanding Waldo Campground and circumnavigates Station Outstanding Natural Area. Natural Area as described in paragraph (1) Waldo Lake, is hereby designated as a na- (2) MAPS AND LEGAL DESCRIPTIONS.—The and with other proposed management activi- tional recreation trail under section 4 of the boundaries of the Outstanding Natural Area ties to accommodate visitors and researchers National Trails System Act (16 U.S.C. 1243) as those shown on the map entitled ‘‘Piedras to the Outstanding Natural Area; and and shall be known as the ‘‘Jim Weaver Loop Blancas Historic Light Station: Outstanding (E) cultural resources management strate- Trail’’. Natural Area’’, dated May 5, 2004, which shall gies for the Outstanding Natural Area, pre- (b) INTERPRETIVE SIGN.—Using funds avail- be on file and available for public inspection pared in consultation with appropriate de- able for the Forest Service, the Secretary of in the Office of the Director, Bureau of Land partments of the State of California, with Agriculture shall prepare, install, and main- Management, United States Department of emphasis on the preservation of the re- tain an appropriate sign at the trailhead of the Interior, and the State office of the Bu- sources of the Outstanding Natural Area and the Jim Weaver Loop Trail to indicate the reau of Land Management in the State of the interpretive, education, and long-term name of the trail and to provide information California. scientific uses of the resources, giving pri- regarding the life and career of Congressman (3) BASIS OF MANAGEMENT.—The Secretary ority to the enforcement of the Archae- Jim Weaver. shall manage the Outstanding Natural Area ological Resources Protection Act of 1979 (16

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(42 U.S.C. 1996 et seq.; commonly referred to Natural Area are withdrawn from— (4) COOPERATIVE AGREEMENTS.—In order to as the ‘‘American Indian Religious Freedom (i) all forms of entry, appropriation, or dis- better implement the management plan and Act’’). posal under the public land laws; to continue the successful partnerships with (11) NO BUFFER ZONES.—The designation of (ii) location, entry, and patent under the the local communities and the Hearst San the Outstanding Natural Area is not in- mining laws; and Simeon State Historical Monument, admin- tended to lead to the creation of protective (iii) operation of the mineral leasing and istered by the California Department of perimeters or buffer zones around area. The geothermal leasing laws and the mineral ma- Parks and Recreation, the Secretary may fact that activities outside the Outstanding terials laws. enter into cooperative agreements with the Natural Area and not consistent with the (B) DESCRIPTION OF EXECUTIVE ORDERS.— appropriate Federal, State, and local agen- purposes of this section can be seen or heard The Executive orders and public land order cies pursuant to section 307(b) of the Federal within the Outstanding Natural Area shall described in subparagraph (A) are— Land Management Policy and Management not, of itself, preclude such activities or uses (i) the Executive Order dated October 22, Act of 1976 (43 U.S.C. 1737(b)). up to the boundary of the Outstanding Nat- 1854; (5) RESEARCH ACTIVITIES.—In order to con- ural Area. (ii) Executive Order No. 4254 (June 12, 1925); tinue the successful partnership with re- (e) AUTHORIZATION OF APPROPRIATIONS.— and search organizations and agencies and to as- There are authorized to be appropriated such (iii) Public Land Order No. 7202 (61 Fed. sist in the development and implementation sums as are necessary to carry out this sec- Reg. 29758). of the management plan, the Secretary may tion. (c) MANAGEMENT PLAN.— authorize within the Outstanding Natural SEC. 202. JUPITER INLET LIGHTHOUSE OUT- (1) IN GENERAL.—Not later than 3 years Area appropriate research activities for the STANDING NATURAL AREA. after the date of enactment of this Act, the purposes identified in subsection (c)(1) and (a) DEFINITIONS.—In this section: Secretary, in consultation with the Com- pursuant to section 307(a) of the Federal (1) COMMANDANT.—The term ‘‘Com- mandant, shall develop a comprehensive Land Policy and Management Act of 1976 (43 mandant’’ means the Commandant of the management plan in accordance with section U.S.C. 1737(a)). Coast Guard. 202 of the Federal Land Policy and Manage- (6) ACQUISITION.—State and privately held (2) LIGHTHOUSE.—The term ‘‘Lighthouse’’ lands or interests in lands adjacent to the means the Jupiter Inlet Lighthouse located ment Act of 1976 (43 U.S.C. 1712) to— Outstanding Natural Area and identified as in Palm Beach County, Florida. (A) provide long-term management guid- appropriate for acquisition in the manage- (3) LOCAL PARTNERS.—The term ‘‘Local ance for the public land in the Outstanding ment plan may be acquired by the Secretary Partners’’ includes— Natural Area; and as part of the Outstanding Natural Area only (A) Palm Beach County, Florida; (B) ensure that the Outstanding Natural by— (B) the Town of Jupiter, Florida; Area fulfills the purposes for which the Out- (A) donation; (C) the Village of Tequesta, Florida; and standing Natural Area is established. (B) exchange with a willing party; or (D) the Loxahatchee River Historical Soci- (2) CONSULTATION; PUBLIC PARTICIPATION.— (C) purchase from a willing seller. ety. The management plan shall be developed— (7) ADDITIONS TO THE OUTSTANDING NATURAL (4) MANAGEMENT PLAN.—The term ‘‘man- (A) in consultation with appropriate Fed- AREA.—Any lands or interest in lands adja- agement plan’’ means the management plan eral, State, county, and local government cent to the Outstanding Natural Area ac- developed under subsection (c)(1). agencies, the Commandant, the Local Part- quired by the United States after the date of (5) MAP.—The term ‘‘map’’ means the map ners, and other partners; and enactment of this Act shall be added to and entitled ‘‘Jupiter Inlet Lighthouse Out- (B) in a manner that ensures full public administered as part of the Outstanding Nat- standing Natural Area’’ and dated October participation. ural Area. 29, 2007. (3) EXISTING PLANS.—The management plan (8) OVERFLIGHTS.—Nothing in this section (6) OUTSTANDING NATURAL AREA.—The term shall, to the maximum extent practicable, be or the management plan shall be construed ‘‘Outstanding Natural Area’’ means the Jupi- consistent with existing resource plans, poli- to— ter Inlet Lighthouse Outstanding Natural cies, and programs. (A) restrict or preclude overflights, includ- Area established by subsection (b)(1). (4) INCLUSIONS.—The management plan ing low level overflights, military, commer- (7) PUBLIC LAND.—The term ‘‘public land’’ shall include— cial, and general aviation overflights that has the meaning given the term ‘‘public (A) objectives and provisions to ensure— can be seen or heard within the Outstanding lands’’ in section 103(e) of the Federal Land (i) the protection and conservation of the Natural Area; Policy and Management Act of 1976 (43 resource values of the Outstanding Natural (B) restrict or preclude the designation or U.S.C. 1702(e)). Area; and creation of new units of special use airspace (8) SECRETARY.—The term ‘‘Secretary’’ (ii) the restoration of native plant commu- or the establishment of military flight train- means the Secretary of the Interior. nities and estuaries in the Outstanding Nat- ing routes over the Outstanding Natural (9) STATE.—The term ‘‘State’’ means the ural Area, with an emphasis on the conserva- Area; or State of Florida. tion and enhancement of healthy, func- (C) modify regulations governing low-level (b) ESTABLISHMENT OF THE JUPITER INLET tioning ecological systems in perpetuity; overflights above the adjacent Monterey Bay LIGHTHOUSE OUTSTANDING NATURAL AREA.— (B) objectives and provisions to maintain National Marine Sanctuary. (1) ESTABLISHMENT.—Subject to valid exist- or recreate historic structures; (9) LAW ENFORCEMENT ACTIVITIES.—Nothing ing rights, there is established for the pur- (C) an implementation plan for a program in this section shall be construed to preclude poses described in paragraph (2) the Jupiter of interpretation and public education about or otherwise affect coastal border security Inlet Lighthouse Outstanding Natural Area, the natural and cultural resources of the operations or other law enforcement activi- the boundaries of which are depicted on the Lighthouse, the public land surrounding the ties by the Coast Guard or other agencies map. Lighthouse, and associated structures; within the Department of Homeland Secu- (2) PURPOSES.—The purposes of the Out- (D) a proposal for administrative and pub- rity, the Department of Justice, or any other standing Natural Area are to protect, con- lic facilities to be developed or improved Federal, State, and local law enforcement serve, and enhance the unique and nationally that— agencies within the Outstanding Natural important historic, natural, cultural, sci- (i) are compatible with achieving the re- Area. entific, educational, scenic, and recreational source objectives for the Outstanding Nat- (10) NATIVE AMERICAN USES AND INTER- values of the Federal land surrounding the ural Area described in subsection ESTS.—In recognition of the past use of the Lighthouse for the benefit of present genera- (d)(1)(A)(ii); and Outstanding Natural Area by Indians and In- tions and future generations of people in the (ii) would accommodate visitors to the dian tribes for traditional cultural and reli- United States, while— Outstanding Natural Area; gious purposes, the Secretary shall ensure (A) allowing certain recreational and re- (E) natural and cultural resource manage- access to the Outstanding Natural Area by search activities to continue in the Out- ment strategies for the Outstanding Natural Indians and Indian tribes for such traditional standing Natural Area; and Area, to be developed in consultation with cultural and religious purposes. In imple- (B) ensuring that Coast Guard operations appropriate departments of the State, the menting this subsection, the Secretary, upon and activities are unimpeded within the Local Partners, and the Commandant, with the request of an Indian tribe or Indian reli- boundaries of the Outstanding Natural Area. an emphasis on resource conservation in the gious community, shall temporarily close to (3) AVAILABILITY OF MAP.—The map shall Outstanding Natural Area and the interpre- the general public use of one or more specific be on file and available for public inspection tive, educational, and long-term scientific portions of the Outstanding Natural Area in in appropriate offices of the Bureau of Land uses of the resources; and order to protect the privacy of traditional Management. (F) recreational use strategies for the Out- cultural and religious activities in such (4) WITHDRAWAL.— standing Natural Area, to be prepared in areas by the Indian tribe or Indian religious (A) IN GENERAL.—Subject to valid existing consultation with the Local Partners, appro- community. Any such closure shall be made rights, subsection (e), and any existing with- priate departments of the State, and the to affect the smallest practicable area for drawals under the Executive orders and pub- Coast Guard, with an emphasis on passive the minimum period necessary for such pur- lic land order described in subparagraph (B), recreation.

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(5) INTERIM PLAN.—Until a management (6) LAW ENFORCEMENT ACTIVITIES.—Nothing TITLE III—NATIONAL PARK SERVICE plan is adopted for the Outstanding Natural in this section, the management plan, or the AUTHORIZATIONS Area, the Jupiter Inlet Coordinated Resource Jupiter Inlet Coordinated Resource Manage- Subtitle A—Cooperative Agreements Management Plan (including any updates or ment Plan (including any updates or amend- SEC. 301. COOPERATIVE AGREEMENTS FOR NA- amendments to the Jupiter Inlet Coordi- ments to the Jupiter Inlet Coordinated Re- TIONAL PARK NATURAL RESOURCE nated Resource Management Plan) shall be source Management Plan) precludes, pro- PROTECTION. in effect. hibits, or otherwise affects— (a) IN GENERAL.—The Secretary of the In- (d) MANAGEMENT OF THE JUPITER INLET (A) any maritime security, maritime safe- terior (referred to in this section as the LIGHTHOUSE OUTSTANDING NATURAL AREA.— ty, or environmental protection mission or ‘‘Secretary’’) may enter into cooperative (1) MANAGEMENT.— activity of the Coast Guard; agreements with State, local, or tribal gov- (A) IN GENERAL.—The Secretary, in con- (B) any border security operation or law ernments, other Federal agencies, other pub- sultation with the Local Partners and the lic entities, educational institutions, private enforcement activity by the Department of Commandant, shall manage the Outstanding nonprofit organizations, or participating pri- Homeland Security or the Department of Natural Area— vate landowners for the purpose of pro- (i) as part of the National Landscape Con- Justice; or tecting natural resources of units of the Na- servation System; (C) any law enforcement activity of any tional Park System through collaborative (ii) in a manner that conserves, protects, Federal, State, or local law enforcement efforts on land inside and outside of National and enhances the unique and nationally im- agency in the Outstanding Natural Area. Park System units. portant historical, natural, cultural, sci- (7) FUTURE DISPOSITION OF COAST GUARD FA- (b) TERMS AND CONDITIONS.—A cooperative entific, educational, scenic, and recreational CILITIES.—If the Commandant determines, agreement entered into under subsection (a) values of the Outstanding Natural Area, in- after the date of enactment of this Act, that shall provide clear and direct benefits to cluding an emphasis on the restoration of Coast Guard facilities within the Out- park natural resources and— native ecological systems; and standing Natural Area exceed the needs of (1) provide for— (iii) in accordance with the Federal Land the Coast Guard, the Commandant may re- (A) the preservation, conservation, and res- Policy and Management Act of 1976 (43 linquish the facilities to the Secretary with- toration of coastal and riparian systems, wa- U.S.C. 1701 et seq.) and other applicable laws. out removal, subject only to any environ- tersheds, and wetlands; (B) LIMITATION.—In managing the Out- mental remediation that may be required by (B) preventing, controlling, or eradicating standing Natural Area, the Secretary shall law. invasive exotic species that are within a unit not take any action that precludes, pro- of the National Park System or adjacent to hibits, or otherwise affects the conduct of (e) EFFECT ON ONGOING AND FUTURE COAST a unit of the National Park System; or ongoing or future Coast Guard operations or GUARD OPERATIONS.—Nothing in this section, (C) restoration of natural resources, in- activities on lots 16 and 18, as depicted on the management plan, or the Jupiter Inlet cluding native wildlife habitat or eco- the map. Coordinated Resource Management Plan (in- systems; (2) USES.—Subject to valid existing rights cluding updates or amendments to the Jupi- (2) include a statement of purpose dem- and subsection (e), the Secretary shall only ter Inlet Coordinated Resource Management onstrating how the agreement will— allow uses of the Outstanding Natural Area Plan) precludes, prohibits, or otherwise af- (A) enhance science-based natural resource that the Secretary, in consultation with the fects ongoing or future Coast Guard oper- stewardship at the unit of the National Park Commandant and Local Partners, deter- System; and ations or activities in the Outstanding Nat- mines would likely further the purposes for (B) benefit the parties to the agreement; which the Outstanding Natural Area is es- ural Area, including— (3) specify any staff required and technical tablished. (1) the continued and future operation of, assistance to be provided by the Secretary or (3) COOPERATIVE AGREEMENTS.—To facili- access to, maintenance of, and, as may be ne- other parties to the agreement in support of tate implementation of the management cessitated for Coast Guard missions, the ex- activities inside and outside the unit of the plan and to continue the successful partner- pansion, enhancement, or replacement of, National Park System that will— ships with local communities and other part- the Coast Guard High Frequency antenna (A) protect natural resources of the unit of ners, the Secretary may, in accordance with site on lot 16; the National Park System; and section 307(b) of the Federal Land Manage- (2) the continued and future operation of, (B) benefit the parties to the agreement; ment Policy and Management Act of 1976 (43 access to, maintenance of, and, as may be ne- (4) identify any materials, supplies, or U.S.C. 1737(b)), enter into cooperative agree- cessitated for Coast Guard missions, the ex- equipment and any other resources that will ments with the appropriate Federal, State, pansion, enhancement, or replacement of, be contributed by the parties to the agree- county, other local government agencies, the military family housing area on lot 18; ment or by other Federal agencies; and other partners (including the (3) the continued and future use of, access (5) describe any financial assistance to be Loxahatchee River Historical Society) for to, maintenance of, and, as may be neces- provided by the Secretary or the partners to the long-term management of the Out- sitated for Coast Guard missions, the expan- implement the agreement; standing Natural Area sion, enhancement, or replacement of, the (6) ensure that any expenditure by the Sec- (4) RESEARCH ACTIVITIES.—To continue suc- pier on lot 18; retary pursuant to the agreement is deter- cessful research partnerships, pursue future (4) the existing lease of the Jupiter Inlet mined by the Secretary to support the pur- research partnerships, and assist in the de- Lighthouse on lot 18 from the Coast Guard to poses of natural resource stewardship at a velopment and implementation of the man- the Loxahatchee River Historical Society; or unit of the National Park System; and agement plan, the Secretary may, in accord- (5) any easements or other less-than-fee in- (7) include such other terms and conditions ance with section 307(a) of the Federal Land terests in property appurtenant to existing as are agreed to by the Secretary and the Policy and Management Act of 1976 (43 Coast Guard facilities on lots 16 and 18. other parties to the agreement. U.S.C. 1737(a)), authorize the conduct of ap- (c) LIMITATIONS.—The Secretary shall not propriate research activities in the Out- (f) AUTHORIZATION OF APPROPRIATIONS.— use any funds associated with an agreement standing Natural Area for the purposes de- There are authorized to be appropriated such entered into under subsection (a) for the pur- scribed in subsection (b)(2). sums as are necessary to carry out this sec- poses of land acquisition, regulatory activ- (5) ACQUISITION OF LAND.— tion. ity, or the development, maintenance, or op- (A) IN GENERAL.—Subject to subparagraph eration of infrastructure, except for ancil- (B), the Secretary may acquire for inclusion SEC. 203. NEVADA NATIONAL GUARD LAND CON- lary support facilities that the Secretary de- in the Outstanding Natural Area any State VEYANCE, CLARK COUNTY, NEVADA. termines to be necessary for the completion or private land or any interest in State or (a) IN GENERAL.—Notwithstanding any of projects or activities identified in the private land that is— other provision of law, Clark County, Ne- agreement. (i) adjacent to the Outstanding Natural vada, may convey, without consideration, to (d) AUTHORIZATION OF APPROPRIATIONS.— Area; and There are authorized to be appropriated such the Nevada Division of State Lands for use (ii) identified in the management plan as sums as are necessary to carry out this sec- appropriate for acquisition. by the Nevada National Guard approxi- tion. (B) MEANS OF ACQUISITION.—Land or an in- mately 51 acres of land in Clark County, Ne- Subtitle B—Boundary Adjustments and terest in land may be acquired under sub- vada, as generally depicted on the map enti- Authorizations paragraph (A) only by donation, exchange, or tled ‘‘Southern Nevada Readiness Center SEC. 311. CARL SANDBURG HOME NATIONAL HIS- purchase from a willing seller with donated Act’’ and dated October 4, 2005. TORIC SITE BOUNDARY ADJUST- or appropriated funds. MENT. (b) LIMITATION.—If the land described in (C) ADDITIONS TO THE OUTSTANDING NAT- (a) DEFINITIONS.—In this section: subsection (a) ceases to be used by the Ne- URAL AREA.—Any land or interest in land ad- (1) HISTORIC SITE.—The term ‘‘Historic jacent to the Outstanding Natural Area ac- vada National Guard, the land shall revert to Site’’ means Carl Sandburg Home National quired by the United States after the date of Clark County, Nevada, for management in Historic Site. enactment of this Act under subparagraph accordance with the Southern Nevada Public (2) MAP.—The term ‘‘map’’ means the map (A) shall be added to, and administered as Land Management Act of 1998 (Public Law entitled ‘‘Sandburg Center Alternative’’ part of, the Outstanding Natural Area. 105–263; 112 Stat. 2343). numbered 445/80,017 and dated April 2007.

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(3) SECRETARY.—The term ‘‘Secretary’’ (2) ADMINISTRATION OF MEMORIAL.— (B) AVAILABILITY OF MAP.—The Minidoka means the Secretary of the Interior. (A) IN GENERAL.—The memorial shall be Map shall be on file and available for public (b) ACQUISITION AUTHORITY.—The Secretary administered as part of the Minidoka Intern- inspection in the appropriate offices of the may acquire from willing sellers by dona- ment National Monument. National Park Service. tion, purchase with donated or appropriated (B) AGREEMENTS.—To carry out this sub- (4) LAND TRANSFERS AND ACQUISITION.— funds, or exchange not more than 110 acres of section, the Secretary may enter into agree- (A) TRANSFER FROM BUREAU OF RECLAMA- land, water, or interests in land and water, ments with— TION.—Administrative jurisdiction over the within the area depicted on the map, to be (i) the City of Bainbridge Island, Wash- land identified on the Minidoka Map as added to the Historic Site. ington; ‘‘BOR parcel 1’’ and ‘‘BOR parcel 2’’, includ- (c) VISITOR CENTER.—To preserve the his- (ii) the Bainbridge Island Metropolitan ing any improvements on, and appurtenances toric character and landscape of the site, the Park and Recreational District; to, the parcels, is transferred from the Bu- Secretary may also acquire up to five acres (iii) the Bainbridge Island Japanese Amer- reau of Reclamation to the National Park for the development of a visitor center and ican Community Memorial Committee; Service for inclusion in the Historic Site. visitor parking area adjacent to or in the (iv) the Bainbridge Island Historical Soci- (B) TRANSFER FROM BUREAU OF LAND MAN- general vicinity of the Historic Site. ety; and AGEMENT.—Administrative jurisdiction over (d) BOUNDARY REVISION.—Upon acquisition (v) other appropriate individuals or enti- the land identified on the Minidoka Map as of any land or interest in land under this sec- ties. ‘‘Public Domain Lands’’ is transferred from tion, the Secretary shall revise the boundary (C) IMPLEMENTATION.—To implement an the Bureau of Land Management to the Na- of the Historic Site to reflect the acquisi- agreement entered into under this para- tional Park Service for inclusion in the His- tion. graph, the Secretary may— toric Site, and the portions of any prior Sec- (e) AVAILABILITY OF MAP.—The map shall (i) enter into a cooperative management retarial orders withdrawing the land are re- be on file and available for public inspection agreement relating to the operation and voked. in the appropriate offices of the National maintenance of the memorial with the City (C) ACQUISITION AUTHORITY.—The Secretary Park Service. of Bainbridge Island, Washington, in accord- may acquire any land or interest in land lo- (f) ADMINISTRATION.—Land added to the ance with section 3(l) of Public Law 91–383 (16 cated within the boundary of the Historic Historic Site by this section shall be admin- U.S.C. 1a–2(l)); and Site, as depicted on the Minidoka Map, by— istered as part of the Historic Site in accord- (ii) enter into cooperative agreements (i) donation; ance with applicable laws and regulations. with, or make grants to, the City of Bain- (ii) purchase with donated or appropriated bridge Island, Washington, and other non- funds from a willing seller; or SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT. Federal entities for the development of fa- (iii) exchange. The Act entitled ‘‘An Act to provide for cilities, infrastructure, and interpretive (5) ADMINISTRATION.— the establishment of the Lowell National media at the memorial, if any Federal funds (A) IN GENERAL.—The Historic Site shall be administered in accordance with— Historical Park in the Commonwealth of provided by a grant or through a cooperative agreement are matched with non-Federal (i) this Act; and Massachusetts, and for other purposes’’ ap- funds. (ii) laws (including regulations) generally proved June 5, 1978 (Public Law 95–290; 92 (D) ADMINISTRATION AND VISITOR USE applicable to units of the National Park Sys- Stat. 290; 16 U.S.C. 410cc et seq.) is amended SITE.—The Secretary may operate and main- tem, including— as follows: tain a site in the State of Washington for ad- (I) the National Park Service Organic Act (1) In section 101(a), by adding a new para- ministrative and visitor use purposes associ- (16 U.S.C. 1 et seq.); and graph after paragraph (2) as follows: ated with the Minidoka Internment National (II) the Act of August 21, 1935 (16 U.S.C. 461 ‘‘(3) The boundaries of the park are modi- Monument. et seq.). fied to include five parcels of land identified (c) ESTABLISHMENT OF MINIDOKA NATIONAL (B) INTERPRETATION AND EDUCATION.— on the map entitled ‘Boundary Adjustment, HISTORIC SITE.— (i) IN GENERAL.—The Secretary shall inter- Lowell National Historical Park,’ numbered (1) DEFINITIONS.—In this section: pret— 475/81,424B and dated September 2004, and as (A) HISTORIC SITE.—The term ‘‘Historic (I) the story of the relocation of Japanese delineated in section 202(a)(2)(G).’’. Site’’ means the Minidoka National Historic Americans during World War II to the (2) In section 202(a)(2), by adding at the end Site established by paragraph (2)(A). Minidoka Relocation Center and other cen- the following new subparagraph: (B) MINIDOKA MAP.—The term ‘‘Minidoka ters across the United States; ‘‘(G) The properties shown on the map Map’’ means the map entitled ‘‘Minidoka Na- (II) the living conditions of the relocation identified in subsection (101)(a)(3) as follows: tional Historic Site, Proposed Boundary centers; ‘‘(i) 91 Pevey Street. Map’’, numbered 194/80,004, and dated Decem- (III) the work performed by the internees ‘‘(ii) The portion of 607 Middlesex Place. ber 2006. at the relocation centers; and ‘‘(iii) Eagle Court. (2) ESTABLISHMENT.— (IV) the contributions to the United States ‘‘(iv) The portion of 50 Payne Street. (A) NATIONAL HISTORIC SITE.—In order to military made by Japanese Americans who ‘‘(v) 726 Broadway.’’. protect, preserve, and interpret the resources had been interned. SEC. 313. MINIDOKA NATIONAL HISTORIC SITE. associated with the former Minidoka Reloca- (ii) ORAL HISTORIES.—To the extent fea- (a) DEFINITIONS.—In this section: tion Center where Japanese Americans were sible, the collection of oral histories and (1) SECRETARY.—The term ‘‘Secretary’’ incarcerated during World War II, there is testimonials from Japanese Americans who means the Secretary of the Interior. established the Minidoka National Historic were confined shall be a part of the interpre- (2) STATE.—The term ‘‘State’’ means the Site. tive program at the Historic Site. State of Idaho. (B) MINIDOKA INTERNMENT NATIONAL MONU- (iii) COORDINATION.—The Secretary shall (b) BAINBRIDGE ISLAND JAPANESE AMERICAN MENT.— coordinate the development of interpretive MEMORIAL.— (i) IN GENERAL.—The Minidoka Internment and educational materials and programs for (1) BOUNDARY ADJUSTMENT.— National Monument (referred to in this sub- the Historic Site with the Manzanar Na- (A) IN GENERAL.—The boundary of the section as the ‘‘Monument)’’, as described in tional Historic Site in the State of Cali- Minidoka Internment National Monument, Presidential Proclamation 7395 of January fornia. located in the State and established by Pres- 17, 2001, is abolished. (C) BAINBRIDGE ISLAND JAPANESE AMERICAN idential Proclamation 7395 of January 17, (ii) INCORPORATION.—The land and any in- MEMORIAL.—The Bainbridge Island Japanese 2001, is adjusted to include the Nidoto Nai terests in the land at the Monument are in- American Memorial shall be administered in Yoni (‘‘Let it not happen again’’) memorial corporated within, and made part of, the His- accordance with subsection (b)(2). (referred to in this subsection as the ‘‘memo- toric Site. (D) CONTINUED AGRICULTURAL USE.—In rial’’), which— (iii) FUNDS.—Any funds available for pur- keeping with the historical use of the land (i) commemorates the Japanese Americans poses of the Monument shall be available for following the decommission of the Minidoka of Bainbridge Island, Washington, who were the Historic Site. Relocation Center, the Secretary may issue the first to be forcibly removed from their (C) REFERENCES.—Any reference in a law a special use permit or enter into a lease to homes and relocated to internment camps (other than in this title), map, regulation, allow agricultural uses within the Historic during World War II under Executive Order document, record, or other paper of the Site under appropriate terms and conditions, No. 9066; and United States to the ‘‘Minidoka Internment as determined by the Secretary. (ii) consists of approximately 8 acres of National Monument’’ shall be considered to (6) DISCLAIMER OF INTEREST IN LAND.— land owned by the City of Bainbridge Island, be a reference to the ‘‘Minidoka National (A) IN GENERAL.—The Secretary may issue Washington, as depicted on the map entitled Historic Site’’. to Jerome County, Idaho, a document of dis- ‘‘Bainbridge Island Japanese American Me- (3) BOUNDARY OF HISTORIC SITE.— claimer of interest in land for the parcel morial’’, numbered 194/80,003, and dated Sep- (A) BOUNDARY.—The boundary of the His- identified as ‘‘Tract No. 2’’— tember, 2006. toric Site shall include— (i) in the final order of condemnation, for (B) MAP.—The map referred to in subpara- (i) approximately 292 acres of land, as de- the case numbered 2479, filed on January 31, graph (A) shall be kept on file and made picted on the Minidoka Map; and 1947, in the District Court of the United available for public inspection in the appro- (ii) approximately 8 acres of land, as de- States, in and for the District of Idaho, priate offices of the National Park Service. scribed in subsection (b)(1)(A)(ii). Southern Division; and

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(ii) on the Minidoka Map. (B) EXCEPTION.—Subparagraph (A) shall (1) IN GENERAL.—Section 103(f) of Public (B) PROCESS.—The Secretary shall issue not apply to liability for damages resulting Law 99–420 (16 U.S.C. 341 note) is amended by the document of disclaimer of interest in from an injury caused by any act of neg- striking ‘‘20’’ and inserting ‘‘40’’. land under subsection (a) in accordance with ligence committed by the United States (or (2) EFFECTIVE DATE.—The amendment section 315(b) of Federal Land Policy and by any officer, employee, or agent of the made by paragraph (1) shall take effect on Management Act of 1976 (43 U.S.C. 1745(b)). United States) before the date of completion September 25, 2006. (C) EFFECT.—The issuance by the Sec- of the conveyance. (c) AUTHORIZATION OF APPROPRIATIONS.— retary of the document of disclaimer of in- (C) FEDERAL TORT CLAIMS ACT.—Nothing in Section 106 of Public Law 99–420 (16 U.S.C. 341 terest in land under subsection (a) shall have this paragraph increases the liability of the note) is amended by adding the following: the same effect as a quit-claim deed issued United States beyond that provided in chap- ‘‘(c) ADDITIONAL FUNDING.—In addition to by the United States. ter 171 of title 28, United States Code. such sums as have been heretofore appro- (d) CONVEYANCE OF AMERICAN FALLS RES- (6) FUTURE BENEFITS.— priated, there is hereby authorized $10,000,000 ERVOIR DISTRICT NUMBER 2.— (A) RESPONSIBILITY OF THE DISTRICT.—After for acquisition of lands and interests there- (1) DEFINITIONS.—In this subsection: completion of the conveyance of land and in.’’. (A) AGREEMENT.—The term ‘‘Agreement’’ improvements to the District under para- (d) INTERMODAL TRANSPORTATION CENTER.— means Agreement No. 5–07–10–L1688 between graph (2)(A)(i), and consistent with the Title I of Public Law 99–420 (16 U.S.C. 341 the United States and the District, entitled Agreement, the District shall assume respon- note) is amended by adding at the end the ‘‘Agreement Between the United States and sibility for all duties and costs associated following new section: the American Falls Reservoir District No. 2 with the operation, replacement, mainte- ‘‘SEC. 108. INTERMODAL TRANSPORTATION CEN- to Transfer Title to the Federally Owned nance, enhancement, and betterment of the TER. Milner-Gooding Canal and Certain Property transferred land (including any improve- ‘‘(a) IN GENERAL.—The Secretary may pro- Rights, Title and Interest to the American ments to the land). vide assistance in the planning, construc- Falls Reservoir District No. 2’’. (B) ELIGIBILITY FOR FEDERAL FUNDING.— tion, and operation of an intermodal trans- (B) DISTRICT.—The term ‘‘District’’ means (i) IN GENERAL.—Except as provided in portation center located outside of the the American Falls Reservoir District No. 2, clause (ii), the District shall not be eligible boundary of the Park in the town of Trenton, located in Jerome, Lincoln, and Gooding to receive Federal funding to assist in any Maine to improve the management, interpre- Counties, of the State. activity described in subparagraph (A) relat- tation, and visitor enjoyment of the Park. (2) AUTHORITY TO CONVEY TITLE.— ing to land and improvements transferred ‘‘(b) AGREEMENTS.—To carry out sub- (A) IN GENERAL.—In accordance with all ap- under paragraph (2)(A)(i). section (a), in administering the intermodal plicable law and the terms and conditions set (ii) EXCEPTION.—Clause (i) shall not apply transportation center, the Secretary may forth in the Agreement, the Secretary may to any funding that would be available to a enter into interagency agreements with convey— similarly situated nonreclamation district, other Federal agencies, and, notwithstanding (i) to the District all right, title, and inter- as determined by the Secretary. chapter 63 of title 31, United States Code, co- est in and to the land and improvements de- (7) NATIONAL ENVIRONMENTAL POLICY ACT.— operative agreements, under appropriate scribed in Appendix A of the Agreement, sub- Before completing any conveyance under terms and conditions, with State and local ject to valid existing rights; this subsection, the Secretary shall complete agencies, and nonprofit organizations— (ii) to the city of Gooding, located in all actions required under— ‘‘(1) to provide exhibits, interpretive serv- Gooding County, of the State, all right, title, ices (including employing individuals to pro- and interest in and to the 5.0 acres of land (A) the National Environmental Policy Act and improvements described in Appendix D of 1969 (42 U.S.C. 4321 et seq.); vide such services), and technical assistance; of the Agreement; and (B) the Endangered Species Act of 1973 (16 ‘‘(2) to conduct activities that facilitate (iii) to the Idaho Department of Fish and U.S.C. 1531 et seq.); the dissemination of information relating to Game all right, title, and interest in and to (C) the National Historic Preservation Act the Park and the Island Explorer transit sys- the 39.72 acres of land and improvements de- (16 U.S.C. 470 et seq.); and tem or any successor transit system; scribed in Appendix D of the Agreement. (D) all other applicable laws (including ‘‘(3) to provide financial assistance for the (B) COMPLIANCE WITH AGREEMENT.—All par- regulations). construction of the intermodal transpor- ties to the conveyance under subparagraph (8) PAYMENT.— tation center in exchange for space in the (A) shall comply with the terms and condi- (A) FAIR MARKET VALUE REQUIREMENT.—As center that is sufficient to interpret the tions of the Agreement, to the extent con- a condition of the conveyance under para- Park; and sistent with this section. graph (2)(A)(i), the District shall pay the fair ‘‘(4) to assist with the operation and main- (3) COMPLIANCE WITH OTHER LAWS.— market value for the withdrawn lands to be tenance of the intermodal transportation (A) IN GENERAL.—On conveyance of the acquired by the District, in accordance with center. land and improvements under paragraph the terms of the Agreement. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (2)(A)(i), the District shall comply with all (B) GRANT FOR BUILDING REPLACEMENT.—As ‘‘(1) IN GENERAL.—There are authorized to applicable Federal, State, and local laws (in- soon as practicable after the date of enact- be appropriated to the Secretary not more cluding regulations) in the operation of each ment of this Act, and in full satisfaction of than 40 percent of the total cost necessary to facility transferred. the Federal obligation to the District for the carry out this section (including planning, (B) APPLICABLE AUTHORITY.—Nothing in replacement of the structure in existence on design and construction of the intermodal this subsection modifies or otherwise affects that date of enactment that is to be trans- transportation center). the applicability of Federal reclamation law ferred to the National Park Service for in- ‘‘(2) OPERATIONS AND MAINTENANCE.—There (the Act of June 17, 1902 (32 Stat. 388, chapter clusion in the Minidoka National Historic are authorized to be appropriated to the Sec- 1093), and Acts supplemental to and amend- Site, the Secretary, acting through the Com- retary not more than 85 percent of the total atory of that Act (43 U.S.C. 371 et seq.)) to missioner of Reclamation, shall provide to cost necessary to maintain and operate the project water provided to the District. the District a grant in the amount of $52,996, intermodal transportation center.’’. (4) REVOCATION OF WITHDRAWALS.— in accordance with the terms of the Agree- Subtitle C—Studies ment. (A) IN GENERAL.—The portions of the Sec- SEC. 321. NATIONAL PARK SYSTEM SPECIAL RE- retarial Orders dated March 18, 1908, October (e) AUTHORIZATION OF APPROPRIATIONS.— SOURCE STUDY, NEWTONIA CIVIL 7, 1908, September 29, 1919, October 22, 1925, There are authorized to be appropriated such WAR BATTLEFIELDS, MISSOURI. March 29, 1927, July 23, 1927, and May 7, 1963, sums as are necessary to carry out this sec- (a) SPECIAL RESOURCE STUDY.—The Sec- withdrawing the approximately 6,900 acres tion. retary of the Interior shall conduct a special described in Appendix E of the Agreement resource study relating to the First Battle of SEC. 314. ACADIA NATIONAL PARK IMPROVE- for the purpose of the Gooding Division of MENT. Newtonia in Newton County, Missouri, which the Minidoka Project, are revoked. occurred on September 30, 1862, and the Sec- (B) MANAGEMENT OF WITHDRAWN LAND.— (a) EXTENSION OF LAND CONVEYANCE AU- ond Battle of Newtonia, which occurred on The Secretary, acting through the Director THORITY.—Section 102(d) of Public Law 99–420 October 28, 1864, during the Missouri Expedi- of the Bureau of Land Management, shall (16 U.S.C. 341 note) is amended by striking tion of Confederate General Sterling Price in manage the withdrawn land described in sub- paragraph (2) and inserting the following: September and October 1864. paragraph (A) subject to valid existing ‘‘(2) Federally owned property under juris- (b) CONTENTS.—In conducting the study rights. diction of the Secretary referred to in para- under subsection (a), the Secretary shall— (5) LIABILITY.— graph (1) of this subsection shall be conveyed (1) evaluate the national significance of (A) IN GENERAL.—Subject to subparagraph to the towns in which the property is located the Newtonia battlefields and their related (B), upon completion of a conveyance under without encumbrance and without monetary sites; paragraph (2), the United States shall not be consideration, except that no town shall be (2) consider the findings and recommenda- liable for damages of any kind for any injury eligible to receive such lands unless lands tions contained in the document entitled arising out of an act, omission, or occurrence within the Park boundary and owned by the ‘‘Vision Plan for Newtonia Battlefield Pres- relating to the land (including any improve- town have been conveyed to the Secretary.’’. ervation’’ and dated June 2004, which was ments to the land) conveyed under the con- (b) EXTENSION OF ACADIA NATIONAL PARK prepared by the Newtonia Battlefields Pro- veyance. ADVISORY COMMISSION.— tection Association;

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(3) evaluate the suitability and feasibility (1) the suitability and feasibility of desig- (b) REQUIREMENTS.—In conducting the of adding the battlefields and related sites as nating the Wolf House as a unit of the Na- study under subsection (a), the Secretary part of Wilson’s Creek National Battlefield tional Park System; and shall— or designating the battlefields and related (2) the methods and means for the protec- (1) consider the criteria for the study of sites as a unit of the National Park System; tion and interpretation of the Wolf House by areas for potential inclusion in the National (4) analyze the potential impact that the the National Park Service, other Federal, Park System under section 8(b)(2) of Public inclusion of the battlefields and related sites State, or local government entities or pri- Law 91–383 (16 U.S.C. 1a–5(b)(2)); and as part of Wilson’s Creek National Battle- vate or non-profit organizations. (2) consult with— field or their designation as a unit of the Na- (b) STUDY REQUIREMENTS.—The Secretary (A) the Ce´sar E. Cha´ vez Foundation; tional Park System is likely to have on land shall conduct the study in accordance with (B) the United Farm Workers Union; and within or bordering the battlefields and re- section 8(c) of Public Law 91–383 (16 U.S.C. (C) State and local historical associations lated sites that is privately owned at the 1a–5). and societies, including any State historic time of the study is conducted; (c) REPORT.—Not later than 3 years after preservation offices in the State in which the (5) consider alternatives for preservation, the date on which funds are made available site is located. protection, and interpretation of the battle- to carry out this section, the Secretary shall (c) REPORT.—On completion of the study, fields and related sites by the National Park submit to the Committee on Natural Re- the Secretary shall submit to the Committee Service, other Federal, State, or local gov- sources of the House of Representatives and on Natural Resources of the House of Rep- ernmental entities, or private and nonprofit the Committee on Energy and Natural Re- resentatives and the Committee on Energy organizations; and sources of the Senate a report containing— and Natural Resources of the Senate a report (6) identify cost estimates for any nec- (1) the results of the study; and that describes— essary acquisition, development, interpreta- (2) any recommendations of the Secretary. (1) the findings of the study; and (2) any recommendations of the Secretary. tion, operation, and maintenance associated SEC. 324. SPACE SHUTTLE COLUMBIA STUDY. (d) AUTHORIZATION OF APPROPRIATIONS.— with the alternatives referred to in para- (a) DEFINITIONS.—In this section: There are authorized to be appropriated such graph (5). (1) MEMORIAL.—The term ‘‘memorial’’ sums as are necessary to carry out this sec- (c) CRITERIA.—The criteria for the study of means a memorial to the Space Shuttle Co- tion. areas for potential inclusion in the National lumbia that is subject to the study in sub- Park System contained in section 8 of Public SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL section (b). RESOURCE STUDY. Law 91–383 (16 U.S.C. 1a–5) shall apply to the (2) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—The Secretary of the In- study under subsection (a). means the Secretary of the Interior, acting terior (referred to in this section as the (d) TRANSMISSION TO CONGRESS.—Not later through the Director of the National Park ‘‘Secretary’’), in consultation with the ap- than three years after the date on which Service. propriate State historic preservation offi- funds are first made available for the study (b) STUDY OF SUITABILITY AND FEASIBILITY cers, State historical societies, the city of under subsection (a), the Secretary shall sub- OF ESTABLISHING MEMORIALS TO THE SPACE Taunton, Massachusetts, and other appro- mit to the Committee on Natural Resources SHUTTLE COLUMBIA.— priate organizations, shall conduct a special of the House of Representatives and the (1) IN GENERAL.—Not later than 3 years resources study regarding the suitability and Committee on Energy and Natural Resources after the date on which funds are made avail- feasibility of designating certain historic of the Senate a report containing— able, the Secretary shall conduct a special buildings and areas in Taunton, Massachu- (1) the results of the study; and resource study to determine the feasibility setts, as a unit of the National Park System. (2) any conclusions and recommendations and suitability of establishing a memorial as The study shall be conducted and completed of the Secretary. a unit or units of the National Park System in accordance with section 8(c) of Public Law SEC. 322. NATIONAL PARK SERVICE STUDY RE- to the Space Shuttle Columbia on land in the 91–383 (16 U.S.C. 1a–5(c)) and shall include GARDING THE SOLDIERS’ MEMORIAL State of Texas described in paragraph (2) on analysis, documentation, and determinations MILITARY MUSEUM. which large debris from the Shuttle was re- regarding whether the historic areas in (a) FINDINGS.—Congress finds as follows: Taunton— (1) The Soldiers’ Memorial is a tribute to covered. ESCRIPTION OF LAND.—The parcels of (1) can be managed, curated, interpreted, all veterans located in the greater St. Louis (2) D land referred to in paragraph (1) are— restored, preserved, and presented as an or- area, including Southern Illinois. (A) the parcel of land owned by the Fre- ganic whole under management by the Na- (2) The current annual budget for the me- donia Corporation, located at the southeast tional Park Service or under an alternative morial is $185,000 and is paid for exclusively corner of the intersection of East Hospital management structure; by the City of St. Louis. Street and North Fredonia Street, (2) have an assemblage of natural, historic, (3) In 1923, the City of St. Louis voted to Nacogdoches, Texas; and cultural resources that together rep- spend $6,000,000 to purchase a memorial plaza (B) the parcel of land owned by Temple In- resent distinctive aspects of American herit- and building dedicated to citizens of St. land Inc., 10 acres of a 61-acre tract bounded age worthy of recognition, conservation, in- Louis who lost their lives in World War I. by State Highway 83 and Bayou Bend Road, terpretation, and continuing use; (4) The purchase of the 7 block site ex- Hemphill, Texas; (3) reflect traditions, customs, beliefs, and hausted the funds and no money remained to (C) the parcel of land owned by the city of historical events that are valuable parts of construct a monument. Lufkin, Texas, located at City Hall Park, 301 the national story; (5) In 1933, Mayor Bernard F. Dickmann ap- Charlton Street, Lufkin, Texas; and (4) provide outstanding opportunities to pealed to citizens and the city government (D) the parcel of land owned by San Augus- conserve natural, historic, cultural, archi- to raise $1,000,000 to construct a memorial tine County, Texas, located at 1109 Oaklawn tectural, or scenic features; building and general improvement of the Street, San Augustine, Texas. (5) provide outstanding recreational and plaza area and the construction of Soldiers’ (3) ADDITIONAL SITES.—The Secretary may educational opportunities; and Memorial began on October 21, 1935. recommend to Congress additional sites in (6) can be managed by the National Park (6) On October 14, 1936, President Franklin the State of Texas relating to the Space Service in partnership with residents, busi- D. Roosevelt officially dedicated the site. Shuttle Columbia for establishment as me- ness interests, nonprofit organizations, and (7) On Memorial Day in 1938, Mayor morials to the Space Shuttle Columbia. State and local governments to develop a Dickmann opened the building to the public. SEC. 325. CE´ SAR E. CHA´ VEZ STUDY. unit of the National Park System consistent (b) STUDY.—The Secretary of the Interior with State and local economic activity. (a) IN GENERAL.—Not later than 3 years shall carry out a study to determine the (b) REPORT.—Not later than 3 fiscal years suitability and feasibility of designating the after the date on which funds are made avail- after the date on which funds are first made Soldiers’ Memorial Military Museum, lo- able to carry out this section, the Secretary available for this section, the Secretary cated at 1315 Chestnut, St. Louis, Missouri, of the Interior (referred to in this section as shall submit to the Committee on Natural as a unit of the National Park System. the ‘‘Secretary’’) shall complete a special re- Resources of the House of Representatives (c) STUDY PROCESS AND COMPLETION.—Sec- source study of sites in the State of Arizona, and the Committee on Energy and Natural tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– the State of California, and other States Resources of the Senate a report on the find- 5(c)) shall apply to the conduct and comple- that are significant to the life of Ce´sar E. ings, conclusions, and recommendations of tion of the study required by this section. Cha´ vez and the farm labor movement in the the study required under subsection (a). (d) REPORT.—The Secretary shall submit a western United States to determine— (c) PRIVATE PROPERTY.—The recommenda- report describing the results the study re- (1) appropriate methods for preserving and tions in the report submitted pursuant to quired by this section to the Committee on interpreting the sites; and subsection (b) shall include discussion and Natural Resources of the House of Rep- (2) whether any of the sites meets the cri- consideration of the concerns expressed by resentatives and the Committee on Energy teria for listing on the National Register of private landowners with respect to desig- and Natural Resources of the Senate. Historic Places or designation as a national nating certain structures referred to in this SEC. 323. WOLF HOUSE STUDY. historic landmark under— section as a unit of the National Park Sys- (a) IN GENERAL.—The Secretary shall com- (A) the Act of August 21, 1935 (16 U.S.C. 461 tem. plete a special resource study of the Wolf et seq.); or SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY. House located on Highway 5 in Norfork, Ar- (B) the National Historic Preservation Act (a) IN GENERAL.—The Secretary of the In- kansas, to determine— (16 U.S.C. 470 et seq.). terior (referred to in this section as the

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Located between 4th and 6th ‘‘(B) SPECIALIZED OR PROFESSIONAL SERV- (1) the suitability and feasibility of desig- Streets, S.E., at the intersection of E Street ICES.—Services under subparagraph (A)(iv) nating all or a portion of the corridor as a and South Carolina Avenue, S.E., in Wash- may be— unit of the Santa Monica Mountains Na- ington, DC, the park lacks a formal com- ‘‘(i) obtained without regard to the provi- tional Recreation Area; and memoration to this South Carolina hero who sions of title 5, United States Code, including (2) the methods and means for the protec- was important to the initiation of the Na- section 3109 of that title; and tion and interpretation of this corridor by tion’s heritage. ‘‘(ii) may be paid without regard to the the National Park Service, other Federal, (9) The time has come to correct this over- provisions of title 5, United States Code, in- State, or local government entities or pri- sight so that future generations of Ameri- cluding chapter 51 and subchapter III of vate or non-profit organizations. cans will know and understand the pre- chapter 53 of that title. (b) DOCUMENTATION.—In conducting the eminent historical and lasting significance ‘‘(2) GIFTS OF PROPERTY.—The Commission study authorized under subsection (a), the to the Nation of Brigadier General Marion’s may accept gifts of real or personal property Secretary shall document— contributions. Such a South Carolina hero to be used in carrying out this section, in- (1) the process used to develop the existing deserves to be given the proper recognition. cluding to be used in connection with the Santa Monica Mountains National Recre- (b) AUTHORITY TO ESTABLISH COMMEMORA- construction or other expenses of the memo- ation Area Fire Management Plan and Envi- TIVE WORK.—The Marion Park Project, a rial. ronmental Impact Statement (September committee of the Palmetto Conservation ‘‘(3) FEDERAL COOPERATION.—At the request 2005); and Foundation, may establish a commemora- of the Commission, a Federal department or (2) all activity conducted pursuant to the tive work on Federal land in the District of agency may provide any information or plan referred to in paragraph (1) designed to Columbia and its environs to honor Brigadier other assistance to the Commission that the protect lives and property from wildfire. General Francis Marion and his service. head of the Federal department or agency (c) STUDY REQUIREMENTS.—The Secretary (c) COMPLIANCE WITH STANDARDS FOR COM- determines to be appropriate. shall conduct the study in accordance with MEMORATIVE WORKS.—The commemorative ‘‘(4) POWERS OF MEMBERS AND AGENTS.— section 8(c) of Public Law 91–383 (16 U.S.C. work authorized by subsection (b) shall be ‘‘(A) IN GENERAL.—If authorized by the 1a–5). established in accordance with chapter 89 of Commission, any member or agent of the (d) REPORT.—Not later than 3 years after title 40, United States Code (commonly Commission may take any action that the the date on which funds are made available known as the ‘‘Commemorative Works Commission is authorized to take under this to carry out this title, the Secretary shall Act’’). section. submit to the Committee on Natural Re- (d) USE OF FEDERAL FUNDS PROHIBITED.— ‘‘(B) ARCHITECT.—The Commission may ap- sources of the House of Representatives and Federal funds may not be used to pay any ex- point an architect as an agent of the Com- the Committee on Energy and Natural Re- pense of the establishment of the commemo- mission to— sources of the Senate a report containing— rative work authorized by subsection (b). ‘‘(i) represent the Commission on various (1) the results of the study; and The Marion Park Project, a committee of governmental source selection and planning (2) any recommendations of the Secretary. the Palmetto Conservation Foundation, boards on the selection of the firms that will Subtitle D—Memorials, Commissions, and shall be solely responsible for acceptance of design and construct the memorial; and Museums contributions for, and payment of the ex- ‘‘(ii) perform other duties as designated by the Chairperson of the Commission. SEC. 331. COMMEMORATIVE WORK TO HONOR penses of, the establishment of that com- BRIGADIER GENERAL FRANCIS MAR- memorative work. ‘‘(C) TREATMENT.—An authorized member ION AND HIS FAMILY. (e) DEPOSIT OF EXCESS FUNDS.—If, upon or agent of the Commission (including an in- (a) FINDINGS.—The Congress finds the fol- payment of all expenses of the establishment dividual appointed under subparagraph (B)) lowing: of the commemorative work authorized by providing services to the Commission shall (1) Francis Marion was born in 1732 in St. subsection (b) (including the maintenance be considered an employee of the Federal John’s Parish, Berkeley County, South Caro- and preservation amount provided for in sec- Government in the performance of those lina. He married Mary Esther Videau on tion 8906(b) of title 40, United States Code), services for the purposes of chapter 171 of April 20th, 1786. Francis and Mary Esther or upon expiration of the authority for the title 28, United States Code, relating to tort Marion had no children, but raised a son of commemorative work under chapter 89 of claims. a relative as their own, and gave the child title 40, United States Code, there remains a ‘‘(5) TRAVEL.—Each member of the Com- Francis Marion’s name. balance of funds received for the establish- mission shall be allowed travel expenses, in- (2) Brigadier General Marion commanded ment of that commemorative work, the Mar- cluding per diem in lieu of subsistence, at the Williamsburg Militia Revolutionary ion Park Project, a committee of the Pal- rates authorized for employees of agencies force in South Carolina and was instru- metto Conservation Foundation, shall trans- under subchapter I of chapter 57 of title 5, mental in delaying the advance of British mit the amount of the balance to the Sec- United States Code, while away from their forces by leading his troops in disrupting retary of the Treasury for deposit in the ac- homes or regular places of business in the supply lines. count provided for in section 8906(b)(1) of performance of services for the Commis- (3) Brigadier General Marion’s tactics, such title. sion.’’; which were unheard of in rules of warfare at (f) DEFINITIONS.—For the purposes of this (2) by redesignating subsection (o) as sub- the time, included lightning raids on British section, the terms ‘‘commemorative work’’ section (q); and convoys, after which he and his forces would and ‘‘the District of Columbia and its envi- (3) by adding after subsection (n) the fol- retreat into the swamps to avoid capture. rons’’ have the meanings given to such terms lowing: British Lieutenant Colonel Tarleton stated in section 8902(a) of title 40, United States ‘‘(o) STAFF AND SUPPORT SERVICES.— that ‘‘as for this damned old swamp fox, the Code. ‘‘(1) EXECUTIVE DIRECTOR.—There shall be devil himself could not catch him’’. Thus, SEC. 332. DWIGHT D. EISENHOWER MEMORIAL an Executive Director appointed by the Com- the legend of the ‘‘Swamp Fox’’ was born. COMMISSION. mission to be paid at a rate not to exceed the (4) His victory at the Battle of Eutaw Section 8162 of the Department of Defense maximum rate of basic pay for level IV of Springs in September of 1781 was officially Appropriations Act, 2000 (Public Law 106–79; the Executive Schedule. recognized by Congress. 113 Stat. 1274) is amended— ‘‘(2) STAFF.— (5) Brigadier General Marion’s troops are (1) by striking subsection (j) and inserting ‘‘(A) IN GENERAL.—The staff of the Com- believed to be the first racially integrated the following: mission may be appointed and terminated force fighting for the United States, as his ‘‘(j) POWERS OF THE COMMISSION.— without regard to the provisions of title 5, band was a mix of Whites, Blacks, both free ‘‘(1) IN GENERAL.— United States Code, governing appointments and slave, and Native Americans. ‘‘(A) POWERS.—The Commission may— in the competitive service, and may be paid (6) As a statesman, he represented his par- ‘‘(i) make such expenditures for services without regard to the provisions of chapter ish in the South Carolina senate as well as and materials for the purpose of carrying out 51 and subchapter III of chapter 53 of that his State at the Constitutional Convention. this section as the Commission considers ad- title, relating to classification and General (7) Although the Congress has authorized visable from funds appropriated or received Schedule pay rates, except that an individual the establishment of commemorative works as gifts for that purpose; appointed under this paragraph may not re- on Federal lands in the District of Columbia ‘‘(ii) solicit and accept contributions to be ceive pay in excess of the maximum rate of honoring such celebrated Americans as used in carrying out this section or to be basic pay for GS–15 of the General Schedule. George Washington, Thomas Jefferson, and used in connection with the construction or ‘‘(B) SENIOR STAFF.—Notwithstanding sub- Abraham Lincoln, the National Capital has other expenses of the memorial; paragraph (A), not more than 3 staff employ- no comparable memorial to Brigadier Gen- ‘‘(iii) hold hearings and enter into con- ees of the Commission (in addition to the Ex- eral Francis Marion for his bravery and lead- tracts; ecutive Director) may be paid at a rate not

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to exceed the maximum rate of basic pay for (3) QUALIFICATIONS.—Members of the Com- mitted to the advancement of American level IV of the Executive Schedule. mission shall be chosen from among individ- Latino life, art, history, and culture, not ‘‘(3) STAFF OF FEDERAL AGENCIES.—On re- uals, or representatives of institutions or en- later than 18 months after the commission quest of the Commission, the head of any tities, who possess either— members are selected. Federal department or agency may detail (A) a demonstrated commitment to the re- (c) ADMINISTRATIVE PROVISIONS.— any of the personnel of the department or search, study, or promotion of American (1) FACILITIES AND SUPPORT OF DEPARTMENT agency to the Commission to assist the Com- Latino life, art, history, political or eco- OF THE INTERIOR.—The Department of the In- mission to carry out its duties under this nomic status, or culture, together with— terior shall provide from funds appropriated section. (i) expertise in museum administration; for this purpose administrative services, fa- ‘‘(4) FEDERAL SUPPORT.—The Commission (ii) expertise in fundraising for nonprofit cilities, and funds necessary for the perform- shall obtain administrative and support serv- or cultural institutions; ance of the Commission’s functions. These ices from the General Services Administra- (iii) experience in the study and teaching funds shall be made available prior to any tion on a reimbursable basis. The Commis- of Latino culture and history at the post-sec- meetings of the Commission. sion may use all contracts, schedules, and ondary level; (2) COMPENSATION.—Each member of the acquisition vehicles allowed to external cli- (iv) experience in studying the issue of the Commission who is not an officer or em- ents through the General Services Adminis- Smithsonian Institution’s representation of ployee of the Federal Government may re- tration. American Latino art, life, history, and cul- ceive compensation for each day on which ‘‘(5) COOPERATIVE AGREEMENTS.—The Com- ture; or the member is engaged in the work of the mission may enter into cooperative agree- (v) extensive experience in public or elect- Commission, at a daily rate to be determined ments with Federal agencies, State, local, ed service; or by the Secretary of the Interior. tribal and international governments, and (B) experience in the administration of, or (3) TRAVEL EXPENSES.—Each member shall private interests and organizations which the planning for the establishment of, muse- be entitled to travel expenses, including per will further the goals and purposes of this ums devoted to the study and promotion of diem in lieu of subsistence, in accordance section. the role of ethnic, racial, or cultural groups with applicable provisions under subchapter ‘‘(6) TEMPORARY, INTERMITTENT, AND PART- in American history. I of chapter 57 of title 5, United States Code. TIME SERVICES.— (b) FUNCTIONS OF THE COMMISSION.— (4) FEDERAL ADVISORY COMMITTEE ACT.— ‘‘(A) IN GENERAL.—The Commission may (1) PLAN OF ACTION FOR ESTABLISHMENT AND The Commission is not subject to the provi- obtain temporary, intermittent, and part- MAINTENANCE OF MUSEUM.—The Commission sions of the Federal Advisory Committee time services under section 3109 of title 5, shall submit a report to the President and Act. United States Code, at rates not to exceed the Congress containing its recommenda- (d) DEADLINE FOR SUBMISSION OF REPORTS; the maximum annual rate of basic pay pay- tions with respect to a plan of action for the TERMINATION.— able under section 5376 of that title. establishment and maintenance of a Na- (1) DEADLINE.—The Commission shall sub- ‘‘(B) NON-APPLICABILITY TO CERTAIN SERV- tional Museum of the American Latino in mit final versions of the reports and plans ICES.—This paragraph shall not apply to Washington, DC (hereafter in this section re- required under subsection (b) not later than services under subsection (j)(1)(A)(iv). ferred to as the ‘‘Museum’’). 24 months after the date of the Commission’s ‘‘(7) VOLUNTEER SERVICES.— (2) FUNDRAISING PLAN.—The Commission first meeting. ‘‘(A) IN GENERAL.—Notwithstanding section shall develop a fundraising plan for sup- (2) TERMINATION.—The Commission shall 1342 of title 31, United States Code, the Com- porting the creation and maintenance of the terminate not later than 30 days after sub- mission may accept and utilize the services Museum through contributions by the Amer- mitting the final versions of reports and of volunteers serving without compensation. ican people, and a separate plan on fund- plans pursuant to paragraph (1). ‘‘(B) REIMBURSEMENT.—The Commission raising by the American Latino community. (e) AUTHORIZATION OF APPROPRIATIONS.— may reimburse such volunteers for local (3) REPORT ON ISSUES.—The Commission There are authorized to be appropriated for travel and office supplies, and for other trav- shall examine (in consultation with the Sec- carrying out the activities of the Commis- el expenses, including per diem in lieu of retary of the Smithsonian Institution), and sion $2,100,000 for the first fiscal year begin- subsistence, as authorized by section 5703 of submit a report to the President and the ning after the date of enactment of this Act title 5, United States Code. Congress on, the following issues: and $1,100,000 for the second fiscal year be- ‘‘(C) LIABILITY.— (A) The availability and cost of collections ginning after the date of enactment of this ‘‘(i) IN GENERAL.—Subject to clause (ii), a to be acquired and housed in the Museum. Act. volunteer described in subparagraph (A) (B) The impact of the Museum on regional SEC. 334. HUDSON-FULTON-CHAMPLAIN shall be considered to be a volunteer for pur- Hispanic- and Latino-related museums. QUADRICENTENNIAL COMMEMORA- poses of the Volunteer Protection Act of 1997 (C) Possible locations for the Museum in TION COMMISSION. (42 U.S.C. 14501 et seq.). Washington, DC and its environs, to be con- (a) COORDINATION.—Each commission es- ‘‘(ii) EXCEPTION.—Section 4(d) of the Vol- sidered in consultation with the National tablished under this section shall coordinate unteer Protection Act of 1997 (42 U.S.C. Capital Planning Commission and the Com- with the other respective commission estab- 14503(d)) shall not apply for purposes of a mission of Fine Arts, the Department of the lished under this section to ensure that com- claim against a volunteer described in sub- Interior and Smithsonian Institution. memorations of Henry Hudson, Robert Ful- paragraph (A). (D) Whether the Museum should be located ton, and Samuel de Champlain are— ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— within the Smithsonian Institution. (1) consistent with the plans and programs There are authorized to be appropriated such (E) The governance and organizational of the commemorative commissions estab- sums as necessary to carry out this sec- structure from which the Museum should op- lished by the States of New York and tion.’’. erate. Vermont; and SEC. 333. COMMISSION TO STUDY THE POTEN- (F) How to engage the American Latino (2) well-organized and successful. TIAL CREATION OF A NATIONAL MU- community in the development and design of (b) DEFINITIONS.—In this section: SEUM OF THE AMERICAN LATINO. the Museum. (1) CHAMPLAIN COMMEMORATION.—The term (a) ESTABLISHMENT OF COMMISSION.— (G) The cost of constructing, operating, ‘‘Champlain commemoration’’ means the (1) IN GENERAL.—There is established the and maintaining the Museum. commemoration of the 400th anniversary of Commission to Study the Potential Creation (4) LEGISLATION TO CARRY OUT PLAN OF AC- the voyage of Samuel de Champlain. of a National Museum of the American TION.—Based on the recommendations con- (2) CHAMPLAIN COMMISSION.—The term Latino (hereafter in this section referred to tained in the report submitted under para- ‘‘Champlain Commission’’ means the Cham- as the ‘‘Commission’’). graph (1) and the report submitted under plain Quadricentennial Commemoration (2) MEMBERSHIP.—The Commission shall paragraph (3), the Commission shall submit Commission established by subsection (c)(1). consist of 23 members appointed not later for consideration to the Committee on (3) COMMISSION.—The term ‘‘Commission’’ than 6 months after the date of enactment of Transportation and Infrastructure of the means each of the Champlain Commission this Act as follows: House of Representatives, the Committee on and the Hudson-Fulton Commission. (A) The President shall appoint 7 voting House Administration of the House of Rep- (4) HUDSON-FULTON COMMEMORATION.—The members. resentatives, the Committee on Rules and term ‘‘Hudson-Fulton commemoration’’ (B) The Speaker of the House of Represent- Administration of the Senate, the Com- means the commemoration of— atives, the Minority Leader of the House of mittee on Natural Resources of the House of (A) the 200th anniversary of the voyage of Representatives, the Majority Leader of the Representatives, the Committee on Energy Robert Fulton in the Clermont; and Senate, and the Minority Leader of the Sen- and Natural Resources of the Senate, and the (B) the 400th anniversary of the voyage of ate shall each appoint 3 voting members. Committees on Appropriations of the House Henry Hudson in the Half Moon. (C) In addition to the members appointed of Representatives and the Senate rec- (5) HUDSON-FULTON COMMISSION.—The term under subparagraph (B), the Speaker of the ommendations for a legislative plan of ac- ‘‘Hudson-Fulton Commission’’ means the House of Representatives, the Minority tion to create and construct the Museum. Hudson-Fulton 400th Commemoration Com- Leader of the House of Representatives, the (5) NATIONAL CONFERENCE.—In carrying out mission established by subsection (d)(1). Majority Leader of the Senate, and the Mi- its functions under this section, the Commis- (6) LAKE CHAMPLAIN BASIN PROGRAM.—The nority Leader of the Senate shall each ap- sion may convene a national conference on term ‘‘Lake Champlain Basin Program’’ point 1 nonvoting member. the Museum, comprised of individuals com- means the partnership established by section

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2893 120 of the Federal Water Pollution Control opment of appropriate programs and facili- (iii) the National Park Service, with re- Act (33 U.S.C. 1270) between the States of ties; spect to the Hudson River Valley National New York and Vermont and Federal agencies (H) help ensure that the observances of the Heritage Area; to carry out the Lake Champlain manage- voyage of Samuel de Champlain are inclusive (iv) the American Heritage Rivers Initia- ment plan entitled, ‘‘Opportunities for Ac- and appropriately recognize the experiences tive Interagency Committee established by tion: An Evolving Plan for the Lake Cham- and heritage of all people present when Sam- Executive Order 13061, dated September 11, plain Basin’’. uel de Champlain arrived in the Champlain 1997; (7) SECRETARY.—The term ‘‘Secretary’’ Valley; and (v) the National Endowment for the Hu- means the Secretary of the Interior. (I) consult and coordinate with the Lake manities; (c) ESTABLISHMENT OF CHAMPLAIN COMMIS- Champlain Basin Program and other rel- (vi) the National Endowment for the Arts; and SION.— evant organizations to plan and develop pro- (vii) the Smithsonian Institution; (1) IN GENERAL.—There is established a grams and activities to commemorate the commission to be known as the ‘‘Champlain voyage of Samuel de Champlain. (D) encourage civic, patriotic, historical, educational, artistic, religious, economic, Quadricentennial Commemoration Commis- (d) ESTABLISHMENT OF HUDSON-FULTON sion’’. and other organizations throughout the COMMISSION.— United States to organize and participate in (2) MEMBERSHIP.— (1) ESTABLISHMENT.—There is established a anniversary activities to expand the under- (A) COMPOSITION.—The Champlain Commis- commission to be known as the ‘‘Hudson- standing and appreciation of the significance sion shall be composed of 10 members, of Fulton 400th Commemoration Commission’’. of the voyages of Henry Hudson and Robert whom— (2) MEMBERSHIP.— Fulton; (i) 1 member shall be the Director of the (A) COMPOSITION.—The Hudson-Fulton (E) provide technical assistance to States, National Park Service (or a designee); Commission shall be composed of 15 mem- localities, and nonprofit organizations to (ii) 4 members shall be appointed by the bers, of whom— further the Hudson-Fulton commemoration; Secretary from among individuals who, on (i) 1 member shall be the Director of the (F) coordinate and facilitate for the public the date of enactment of this Act, are— National Park Service (or a designee); scholarly research on, publication about, and (I) serving as members of the Hudson-Ful- (ii) 1 member shall be appointed by the interpretation of, the voyages of Henry Hud- ton-Champlain Quadricentennial Commis- Secretary, after considering the rec- son and Robert Fulton; sion of the State of New York; and ommendation of the Governor of the State of (G) ensure that the Hudson-Fulton 2009 (II) residents of Champlain Valley, New New York; commemorations provide a lasting legacy York; and long-term public benefit by assisting in (iii) 4 members shall be appointed by the (iii) 6 members shall be appointed by the Secretary, after considering the rec- the development of appropriate programs Secretary from among individuals who, on and facilities; and the date of enactment of this Act, are— ommendations of the Members of the House of Representatives whose districts encom- (H) help ensure that the observances of (I) serving as members of the Lake Cham- Henry Hudson are inclusive and appro- plain Quadricentennial Commission of the pass the Hudson River Valley; (iv) 2 members shall be appointed by the priately recognize the experiences and herit- State of Vermont; and age of all people present when Henry Hudson (II) residents of the State of Vermont; and Secretary, after considering the rec- ommendations of the Members of the Senate sailed the Hudson River. (iv) 1 member shall be appointed by the (e) COMMISSION MEETINGS.— from the State of New York; Secretary, and shall be an individual who (1) INITIAL MEETING.—Not later than 30 (v) 2 members shall be— has— days after the date on which all members of (I) appointed by the Secretary; and (I) an interest in, support for, and expertise a commission established under this section (II) individuals who have an interest in, appropriate with respect to, the Champlain have been appointed, the applicable Commis- commemoration; and support for, and expertise appropriate with sion shall hold an initial meeting. respect to, the Hudson-Fulton commemora- (II) knowledge relating to the history of (2) MEETINGS.—A commission established the Champlain Valley. tion, of whom— under this section shall meet— (B) TERM; VACANCIES.— (aa) 1 member shall be an individual with (A) at least twice each year; or (i) TERM.—A member of the Champlain expertise in the Hudson River Valley Na- (B) at the call of the Chairperson or the Commission shall be appointed for the life of tional Heritage Area; and majority of the members of the Commission. the Champlain Commission. (bb) 1 member shall be an individual with (3) QUORUM.—A majority of voting mem- (ii) VACANCIES.—A vacancy on the Cham- expertise in the State of New York, as it re- bers shall constitute a quorum, but a lesser plain Commission shall be filled in the same lates to the Hudson-Fulton commemoration; number may hold meetings. manner in which the original appointment (vi) 1 member shall be the Chairperson of a (4) CHAIRPERSON AND VICE CHAIRPERSON.— was made. commemorative commission formed by the (A) ELECTION.—The Commission shall elect (3) DUTIES.—The Champlain Commission State of New York (or the designee of the the Chairperson and the Vice Chairperson of shall— Chairperson); and the Commission on an annual basis. (A) plan, develop, and execute programs (vii) 2 members shall be appointed by the (B) ABSENCE OF THE CHAIRPERSON.—The and activities appropriate to commemorate Secretary, after— Vice Chairperson shall serve as the Chair- the 400th anniversary of the voyage of Sam- (I) considering the recommendation of the person in the absence of the Chairperson. uel de Champlain, the first European to dis- Mayor of the city of New York; and (5) VOTING.—A commission established cover and explore Lake Champlain; (II) consulting the Members of the House of under this section shall act only on an af- (B) facilitate activities relating to the Representatives whose districts encompass firmative vote of a majority of the voting Champlain Quadricentennial throughout the the city of New York. members of the applicable Commission. United States; (B) TERM; VACANCIES.— (f) COMMISSION POWERS.— (C) coordinate the activities of the Cham- (i) TERM.—A member of the Hudson-Fulton (1) GIFTS.—The Commission may solicit, plain Commission with— Commission shall be appointed for the life of accept, use, and dispose of gifts, bequests, or (i) State commemoration commissions; the Hudson-Fulton Commission. devises of money or other property for aiding (ii) appropriate Federal agencies; (ii) VACANCIES.—A vacancy on the Hudson- or facilitating the work of the Commission. (iii) the Lake Champlain Basin Program; Fulton Commission shall be filled in the (2) APPOINTMENT OF ADVISORY COMMIT- (iv) the National Endowment for the Arts; same manner in which the original appoint- TEES.—The Commission may appoint such and ment was made. advisory committees as the Commission de- (v) the Smithsonian Institution; (3) DUTIES.—The Hudson-Fulton Commis- termines to be necessary to carry out this (D) encourage civic, patriotic, historical, sion shall— section. educational, artistic, religious, economic, (A) plan, develop, and execute programs (3) AUTHORIZATION OF ACTION.—The Com- and other organizations throughout the and activities appropriate to commemo- mission may authorize any member or em- United States to organize and participate in rate— ployee of the Commission to take any action anniversary activities to expand the under- (i) the 400th anniversary of the voyage of that the Commission is authorized to take standing and appreciation of the significance Henry Hudson, the first European to sail up under this section. of the voyage of Samuel de Champlain; the Hudson River; and (4) PROCUREMENT.— (E) provide technical assistance to States, (ii) the 200th anniversary of the voyage of (A) IN GENERAL.—The Commission may localities, and nonprofit organizations to Robert Fulton, the first person to use steam procure supplies, services, and property, and further the Champlain commemoration; navigation on a commercial basis; make or enter into contracts, leases, or (F) coordinate and facilitate for the public (B) facilitate activities relating to the other legal agreements, to carry out this sec- scholarly research on, publication about, and Hudson-Fulton-Champlain Quadricentennial tion (except that a contract, lease, or other interpretation of, the voyage of Samuel de throughout the United States; legal agreement made or entered into by the Champlain; (C) coordinate the activities of the Hudson- Commission shall not extend beyond the (G) ensure that the Champlain 2009 anni- Fulton Commission with— date of termination of the Commission). versary provides a lasting legacy and a long- (i) State commemoration commissions; (B) LIMITATION.—The Commission may not term public benefit by assisting in the devel- (ii) appropriate Federal agencies; purchase real property.

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(5) POSTAL SERVICES.—The Commission basis, any of the personnel of the agency to (2) the mission of the Museum is to educate may use the United States mails in the same the Commission to assist the Commission in the local, national, and international public manner and under the same conditions as carrying out the duties of the Commission about the art, history, and heritage of other agencies of the Federal Government. under this section. quiltmaking; (6) GRANTS.— (ii) CIVIL SERVICE STATUS.—The detail of an (3) quilts in the Museum’s permanent col- (A) CHAMPLAIN COMMISSION.—The Cham- employee under clause (i) shall be without lection are made by quilters from 44 of the 50 plain Commission may make grants in interruption or loss of civil service status or States and many foreign countries; amounts not to exceed $20,000— privilege. (4) the Museum, centrally located in Padu- (i) to communities, nonprofit organiza- (B) STATE EMPLOYEES.—The Commission cah, Kentucky, and open to the public year- tions, and State commemorative commis- may— round, averages 40,000 visitors per year; sions to develop programs to assist in the (i) accept the services of personnel detailed (5) individuals from all 50 States and from Champlain commemoration; and from the State of New York or the State of more than 25 foreign countries have visited (ii) to research and scholarly organizations Vermont, as appropriate (including subdivi- the Museum; to research, publish, or distribute informa- sions of the States); and (6) the Museum’s Friends, an organization tion relating to the early history of the voy- (ii) reimburse the State of New York or the dedicated to supporting and sustaining the age of Samuel de Champlain. State of Vermont for services of detailed per- Museum, also has members in all 50 States, (B) HUDSON-FULTON COMMISSION.—The Hud- sonnel. with 84 percent of members living more than son-Fulton Commission may make grants in (C) LAKE CHAMPLAIN BASIN PROGRAM EM- 60 miles from the Museum; amounts not to exceed $20,000— PLOYEES.—The Champlain Commission (7) many members of the Museum’s Friends (i) to communities, nonprofit organiza- may— have supported the Museum annually since tions, and State commemorative commis- (i) accept the services of personnel detailed the Museum began in 1991; sions to develop programs to assist in the from the Lake Champlain Basin Program; (8) quilts exhibited in the Museum are rep- Hudson-Fulton commemoration; and and resentative of the Nation and its cultures (ii) to research and scholarly organizations (ii) reimburse the Lake Champlain Basin thanks to the wide diversity of themes and to research, publish, or distribute informa- Program for services of detailed personnel. topics, quilts, and quiltmakers; and tion relating to the early history of the voy- (D) PROCUREMENT OF TEMPORARY AND (9) the Museum of the American Quilter’s ages of Henry Hudson and Robert Fulton. INTERMITTENT SERVICES.—The Commission Society has national significance and sup- (7) TECHNICAL ASSISTANCE.—The Commis- may procure temporary and intermittent port. sion shall provide technical assistance to services in accordance with section 3109(b) of (b) SENSE OF CONGRESS.—It is the sense of States, localities, and nonprofit organiza- title 5, United States Code, at rates for indi- Congress that the Museum of the American tions to further the Champlain commemora- viduals that do not exceed the daily equiva- Quilter’s Society, located at 215 Jefferson tion and Hudson-Fulton commemoration, as lent of the annual rate of basic pay pre- Street, Paducah, Kentucky, should be des- applicable. scribed for level V of the Executive Schedule ignated as the ‘‘National Quilt Museum of (8) COORDINATION AND CONSULTATION WITH under section 5316 of that title. the United States’’. LAKE CHAMPLAIN BASIN PROGRAM.—The Cham- (6) VOLUNTEER AND UNCOMPENSATED SERV- plain Commission shall coordinate and con- SEC. 336. SENSE OF CONGRESS REGARDING THE ICES.—Notwithstanding section 1342 of title sult with the Lake Champlain Basin Pro- DESIGNATION OF THE NATIONAL 31, United States Code, the Commission may gram to provide grants and technical assist- MUSEUM OF WILDLIFE ART OF THE accept and use voluntary and uncompensated UNITED STATES. ance under paragraphs (6)(A) and (7) for the services as the Commission determines nec- development of activities commemorating (a) FINDINGS.—Congress finds that— essary. the voyage of Samuel de Champlain. (1) the National Museum of Wildlife Art in (7) SUPPORT SERVICES.—The Secretary shall (g) COMMISSION PERSONNEL MATTERS.— Jackson, Wyoming, is devoted to inspiring provide to the Commission, on a reimburs- (1) COMPENSATION OF MEMBERS.— global recognition of fine art related to na- able basis, such administrative support serv- (A) IN GENERAL.—Except as provided in ture and wildlife; subparagraph (B), a member of the Commis- ices as the Commission may request. (2) the National Museum of Wildlife Art is sion shall serve without compensation. (8) FACA NONAPPLICABILITY.—Section 14(b) an excellent example of a thematic museum (B) FEDERAL EMPLOYEES.—A member of the of the Federal Advisory Committee Act (5 that strives to unify the humanities and Commission who is an officer or employee of U.S.C. App.) shall not apply to the Commis- sciences into a coherent body of knowledge the Federal Government shall serve without sion. through art; compensation in addition to the compensa- (h) REPORTS.—Not later than September 30, (3) the National Museum of Wildlife Art, tion received for the services of the member 2010, the Commission shall submit to the which was founded in 1987 with a private gift as an officer or employee of the Federal Gov- Secretary a report that contains— of a collection of art, has grown in stature ernment. (1) a summary of the activities of the Com- and importance and is recognized today as (2) TRAVEL EXPENSES.—A member of the mission; the world’s premier museum of wildlife art; Commission shall be allowed travel expenses, (2) a final accounting of funds received and (4) the National Museum of Wildlife Art is including per diem in lieu of subsistence, at expended by the Commission; and the only public museum in the United States rates authorized for an employee of an agen- (3) the findings and recommendations of with the mission of enriching and inspiring cy under subchapter I of chapter 57 of title 5, the Commission. public appreciation and knowledge of fine United States Code, while away from the (i) TERMINATION OF COMMISSIONS.— art, while exploring the relationship between home or regular place of business of the (1) DATE OF TERMINATION.—The Commis- humanity and nature by collecting fine art member in the performance of the duties of sion shall terminate on December 31, 2010. focused on wildlife; the Commission. (2) TRANSFER OF DOCUMENTS AND MATE- (5) the National Museum of Wildlife Art is (3) STAFF.—The Commission may, without RIALS.—Before the date of termination speci- housed in an architecturally significant and regard to the civil service laws (including fied in paragraph (1), the Commission shall award-winning 51,000-square foot facility regulations), appoint and terminate an Exec- transfer all of its documents and materials that overlooks the 28,000-acre National Elk utive Director and such other additional per- of the Commission to the National Archives Refuge and is adjacent to the Grand Teton sonnel as are necessary to enable the Com- or another appropriate Federal entity. National Park; mission to perform the duties of the Com- (j) AUTHORIZATION OF APPROPRIATIONS.— (6) the National Museum of Wildlife Art is mission. (1) IN GENERAL.—There are authorized to be accredited with the American Association of (4) COMPENSATION.— appropriated to carry out this section for Museums, continues to grow in national rec- (A) IN GENERAL.—Except as provided in each of fiscal years 2008 through 2011— ognition and importance with members from subparagraph (B), the Commission may fix (A) $500,000 to the Champlain Commission; every State, and has a Board of Trustees and the compensation of the Executive Director and a National Advisory Board composed of and other personnel without regard to the (B) $500,000 to the Hudson-Fulton Commis- major benefactors and leaders in the arts and provisions of chapter 51 and subchapter III of sion. sciences from throughout the United States; chapter 53 of title 5, United States Code, re- (2) AVAILABILITY.—Amounts made avail- (7) the permanent collection of the Na- lating to classification of positions and Gen- able under paragraph (1) shall remain avail- tional Museum of Wildlife Art has grown to eral Schedule pay rates. able until expended. more than 3,000 works by important historic (B) MAXIMUM RATE OF PAY.—The rate of SEC. 335. SENSE OF CONGRESS REGARDING THE American artists including Edward Hicks, pay for the Executive Director and other per- DESIGNATION OF THE MUSEUM OF Anna Hyatt Huntington, Charles M. Russell, sonnel shall not exceed the rate payable for THE AMERICAN QUILTER’S SOCIETY William Merritt Chase, and Alexander level V of the Executive Schedule under sec- OF THE UNITED STATES. Calder, and contemporary American artists, tion 5316 of title 5, United States Code. (a) FINDINGS.—Congress finds that— including Steve Kestrel, Bart Walter, Nancy (5) DETAIL OF GOVERNMENT EMPLOYEES.— (1) the Museum of the American Quilter’s Howe, John Nieto, and Jamie Wyeth; (A) FEDERAL EMPLOYEES.— Society is the largest quilt museum in the (8) the National Museum of Wildlife Art is (i) IN GENERAL.—At the request of the Com- world, with a total of 13,400 square feet of ex- a destination attraction in the Western mission, the head of any Federal agency may hibition space and more than 150 quilts ex- United States with annual attendance of detail, on a reimbursable or nonreimbursable hibited year-round in its 3 galleries; 92,000 visitors from all over the world and an

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2895 award-winning website that receives more the Secretary of the Interior may provide, to ignated by section 5(a)(6) of the National than 10,000 visits per week; State and local governments and nonprofit Trails System Act (16 U.S.C. 1244(a)(6)). (9) the National Museum of Wildlife Art organizations, interpretive programs and (b) SPECIAL RESOURCE STUDY.— seeks to educate a diverse audience through services and technical assistance for use in— (1) IN GENERAL.—The Secretary shall com- collecting fine art focused on wildlife, pre- ‘‘(i) carrying out preservation and develop- plete a special resource study of the Eastern senting exceptional exhibitions, providing ment of the trail; and Legacy sites to determine— community, regional, national, and inter- ‘‘(ii) providing education relating to the (A) the suitability and feasibility of adding national outreach, and presenting extensive War of 1812 along the trail.’’. these sites to the Trail; and educational programming for adults and SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK (B) the methods and means for the protec- children; and NATIONAL HISTORIC TRAIL, NE- tion and interpretation of these sites by the (10) a great opportunity exists to use the BRASKA. National Park Service, other Federal, State, invaluable resources of the National Museum (a) CONVEYANCE AUTHORIZED.—The Sec- or local government entities or private or of Wildlife Art to teach the schoolchildren of retary of the Interior may convey, without non-profit organizations. the United States, through onsite visits, consideration, to the Missouri River Basin (2) STUDY REQUIREMENTS.— traveling exhibits, classroom curriculum, Lewis and Clark Interpretive Trail and Vis- (A) IN GENERAL.—The Secretary shall con- online distance learning, and other edu- itor Center Foundation, Inc. (a 501(c)(3) not- duct the study in accordance with section cational initiatives. for-profit organization with operational 5(b) of the National Trails System Act (16 (b) SENSE OF CONGRESS.—It is the sense of headquarters at 100 Valmont Drive, Ne- U.S.C. 1244(b)). braska City, Nebraska 68410), all right, title, Congress that the National Museum of Wild- (B) IMPACT ON TOURISM.—In conducting the life Art, located at 2820 Rungius Road, Jack- and interest of the United States in and to study, the Secretary shall analyze the poten- the federally owned land under jurisdiction son, Wyoming, should be designated as the tial impact that the inclusion of the Eastern of the Secretary consisting of 2 parcels as ‘‘National Museum of Wildlife Art of the Legacy sites is likely to have on tourist visi- generally depicted on the map titled ‘‘Lewis United States’’. tation to the western portion of the trail. SEC. 337. REDESIGNATION OF ELLIS ISLAND LI- and Clark National Historic Trail’’, num- bered 648/80,002, and dated March 2006. (c) REPORT.—Not later than 3 years after BRARY. the date on which funds are made available (a) REDESIGNATION.—The Ellis Island Li- (b) SURVEY; CONVEYANCE COST.—The exact to carry out this section, the Secretary shall brary on the third floor of the Ellis Island acreage and legal description of the land to submit to the Committee on Natural Re- Immigration Museum, located on Ellis Is- be conveyed under subsection (a) shall be de- sources of the House of Representatives and land in New York Harbor, shall be known termined by a survey satisfactory to the Sec- and redesignated as the ‘‘Bob Hope Memorial retary. The cost of the survey and all other the Committee on Energy and Natural Re- Library’’. costs incurred by the Secretary to convey sources of the Senate a report containing— (b) REFERENCES.—Any reference in a law, the land shall be borne by the Missouri River (1) the results of the study; and map, regulation, document, paper, or other Basin Lewis and Clark Interpretive Trail and (2) any recommendations of the Secretary. record of the United States to the Ellis Is- Visitor Center Foundation, Inc. SEC. 344. WILD AND SCENIC RIVER DESIGNATION, land Library on the third floor of the Ellis (c) CONDITION OF CONVEYANCE, USE OF CON- EIGHTMILE RIVER, CONNECTICUT. Island Immigration Museum referred to in VEYED LAND.—The conveyance authorized (a) FINDINGS.—Congress finds the fol- subsection (a) shall be deemed to be a ref- under subsection (a) shall be subject to the lowing: erence to the ‘‘Bob Hope Memorial Library’’. condition that the Missouri River Basin (1) The Eightmile River Wild and Scenic Subtitle E—Trails and Rivers Lewis and Clark Interpretive Trail and Vis- River Study Act of 2001 (Public Law 107–65; itor Center Foundation, Inc. use the con- 115 Stat. 484) authorized the study of the SEC. 341. AUTHORIZATION AND ADMINISTRATION veyed land as an historic site and interpre- OF STAR-SPANGLED BANNER NA- Eightmile River in the State of Connecticut TIONAL HISTORIC TRAIL. tive center for the Lewis and Clark National from its headwaters downstream to its con- Section 5(a) of the National Trails System Historic Trail. fluence with the Connecticut River for po- Act (16 U.S.C. 1244(a)) is amended by adding (d) DISCONTINUANCE OF USE.—If Missouri tential inclusion in the National Wild and at the end the following: River Basin Lewis and Clark Interpretive Scenic Rivers System. Trail and Visitor Center Foundation, Inc. de- ‘‘(26) STAR-SPANGLED BANNER NATIONAL HIS- (2) The segments of the Eightmile River termines to discontinue use of the land con- TORIC TRAIL.— covered by the study are in a free-flowing veyed under subsection (a) as an historic site ‘‘(A) IN GENERAL.—The Star-Spangled Ban- condition, and the outstanding resource val- and interpretive center for the Lewis and ner National Historic Trail, a trail con- ues of the river segments include the cul- Clark National Historic Trail, the Missouri sisting of water and overland routes totaling tural landscape, water quality, watershed River Basin Lewis and Clark Interpretive approximately 290 miles, extending from hydrology, unique species and natural com- Trail and Visitor Center Foundation, Inc. Tangier Island, Virginia, through southern munities, geology, and watershed ecosystem. shall convey lands back to the Secretary Maryland, the District of Columbia, and (3) The Eightmile River Wild and Scenic without consideration. northern Virginia, in the Chesapeake Bay, Study Committee has determined that— (e) ADDITIONAL TERMS AND CONDITIONS.— Patuxent River, Potomac River, and north The Secretary may require such additional (A) the outstanding resource values of to the Patapsco River, and Baltimore, Mary- terms and conditions in connection with the these river segments depend on sustaining land, commemorating the Chesapeake Cam- conveyance under subsection (a) or the con- the integrity and quality of the Eightmile paign of the War of 1812 (including the Brit- veyance, if any, under subsection (d) as the River watershed; ish invasion of Washington, District of Co- Secretary considers appropriate to protect (B) these resource values are manifest lumbia, and its associated feints, and the the interests of the United States. Through a within the entire watershed; and Battle of Baltimore in summer 1814), as gen- written agreement with the Foundation, the (C) the watershed as a whole, including its erally depicted on the map titled ‘Star-Span- National Park Service shall ensure that the protection, is itself intrinsically important gled Banner National Historic Trail’, num- operation of the land conveyed under sub- to this designation. bered T02/80,000, and dated June 2007. section (a) is in accordance with National (4) The Eightmile River Wild and Scenic ‘‘(B) MAP.—The map referred to in subpara- Park Service standards for preservation, Study Committee took a watershed approach graph (A) shall be maintained on file and maintenance, and interpretation. in studying and recommending management available for public inspection in the appro- (f) AUTHORIZATION OF APPROPRIATIONS.—To options for the river segments and the priate offices of the National Park Service. assist with the operation of the historic site Eightmile River watershed as a whole. ‘‘(C) ADMINISTRATION.—Subject to subpara- and interpretive center, there is authorized (5) During the study, the Eightmile River graph (E)(ii), the trail shall be administered to be appropriated $150,000 per year for a pe- Wild and Scenic Study Committee, with as- by the Secretary of the Interior. riod not to exceed 10 years. sistance from the National Park Service, ‘‘(D) LAND ACQUISITION.—No land or inter- SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC prepared a comprehensive management plan est in land outside the exterior boundaries of TRAIL EXTENSION. for the Eightmile River watershed, dated De- any federally administered area may be ac- (a) DEFINITIONS.—In this section: cember 8, 2005 (in this section referred to as quired by the United States for the trail ex- (1) EASTERN LEGACY SITES.—The term the ‘‘Eightmile River Watershed Manage- cept with the consent of the owner of the ‘‘Eastern Legacy sites’’ means the sites asso- ment Plan’’), which establishes objectives, land or interest in land. ciated with the preparation or return phases standards, and action programs that will en- ‘‘(E) PUBLIC PARTICIPATION.—The Secretary of the Lewis and Clark expedition, com- sure long-term protection of the outstanding of the Interior shall— monly known as the ‘‘Eastern Legacy’’, in- values of the river and compatible manage- ‘‘(i) encourage communities, owners of cluding sites in Virginia, the District of Co- ment of the land and water resources of the land along the trail, and volunteer trail lumbia, Maryland, Delaware, Pennsylvania, Eightmile River and its watershed, without groups to participate in the planning, devel- West Virginia, Ohio, Kentucky, Tennessee, Federal management of affected lands not opment, and maintenance of the trail; and Indiana, Missouri, and Illinois. This includes owned by the United States. ‘‘(ii) consult with other affected land- the routes followed by Meriwether Lewis and (6) The Eightmile River Wild and Scenic owners and Federal, State, and local agen- William Clark, whether independently or to- Study Committee voted in favor of inclusion cies in the administration of the trail. gether. of the Eightmile River in the National Wild ‘‘(F) INTERPRETATION AND ASSISTANCE.— (2) TRAIL.—The term ‘‘Trail’’ means the and Scenic Rivers System and included this Subject to the availability of appropriations, Lewis and Clark National Historic Trail des- recommendation as an integral part of the

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2896 CONGRESSIONAL RECORD — SENATE April 10, 2008 Eightmile River Watershed Management vation, and enhancement of the Eightmile land that is identified by the Secretary with- Plan. River, the Secretary of the Interior may in Denali National Park for the purpose of (7) The residents of the towns lying along enter into cooperative agreements pursuant providing a location to the Corporation for the Eightmile River and comprising most of to sections 10(e) and 11(b)(1) of the Wild and construction, maintenance, and on-going op- its watershed (Salem, East Haddam, and Scenic Rivers Act (16 U.S.C. 1281(e), eration of track and associated support fa- Lyme, Connecticut), as well as the Boards of 1282(b)(1)) with the State of Connecticut, the cilities for turning railroad trains around Selectmen and Land Use Commissions of towns of Salem, Lyme, and East Haddam, near Denali Park Station. these towns, voted to endorse the Eightmile Connecticut, and appropriate local planning (B) EASEMENT RELINQUISHED.—In exchange River Watershed Management Plan and to and environmental organizations. All cooper- for the easement granted in subparagraph seek designation of the river as a component ative agreements authorized by this sub- (A), the Secretary shall require the relin- of the National Wild and Scenic Rivers Sys- section shall be consistent with the quishment of certain portions of the Cor- tem. Eightmile River Watershed Management poration’s existing exclusive use easement (8) The State of Connecticut General As- Plan and may include provisions for finan- within the boundary of Denali National sembly enacted Public Act 05–18 to endorse cial or other assistance from the United Park. the Eightmile River Watershed Management States. (2) CONDITIONS OF THE EXCHANGE.— Plan and to seek designation of the river as (f) RELATION TO NATIONAL PARK SYSTEM.— (A) EQUAL EXCHANGE.—The exchange of a component of the National Wild and Scenic Notwithstanding section 10(c) of the Wild easements under this section shall be on an Rivers System. and Scenic Rivers Act (16 U.S.C. 1281(c)), the approximately equal-acre basis. (b) DESIGNATION.—Section 3(a) of the Wild Eightmile River shall not be administered as (B) TOTAL ACRES.—The easement granted and Scenic Rivers Act (16 U.S.C. 1274(a)) is part of the National Park System or be sub- under paragraph (1)(A) shall not exceed 25 amended— ject to regulations which govern the Na- acres. (1) by redesignating paragraph (167) (relat- tional Park System. (C) INTERESTS CONVEYED.—The easement ing to the Musconetcong River, New Jersey) (g) LAND MANAGEMENT.—The zoning ordi- conveyed to the Alaska Railroad Corporation as paragraph (169); nances adopted by the towns of Salem, East by the Secretary under this section shall be (2) by designating the undesignated para- Haddam, and Lyme, Connecticut, in effect as under the same terms as the exclusive use graph relating to the White Salmon River, of December 8, 2005, including provisions for easement granted to the Railroad in Denali Washington, as paragraph (167); conservation of floodplains, wetlands, and National Park in the Deed for Exclusive Use (3) by designating the undesignated para- watercourses associated with the segments, Easement and Railroad Related Improve- graph relating to the Black Butte River, are deemed to satisfy the standards and re- ments filed in Book 33, pages 985–994 of the California, as paragraph (168); and quirements of section 6(c) of the Wild and Nenana Recording District, Alaska, pursuant (4) by adding at the end the following: Scenic Rivers Act (16 U.S.C. 1277 (c)). For the to the Alaska Railroad Transfer Act of 1982 ‘‘(170) EIGHTMILE RIVER, CONNECTICUT.— purpose of section 6(c) of that Act, such Segments of the main stem and specified (45 U.S.C. 1201 et seq.). The easement relin- tributaries of the Eightmile River in the towns shall be deemed ‘‘villages’’ and the quished by the Alaska Railroad Corporation State of Connecticut, totaling approxi- provisions of that section, which prohibit to the United States under this section shall, mately 25.3 miles, to be administered by the Federal acquisition of lands by condemna- with respect to the portion being exchanged, Secretary of the Interior as follows: tion, shall apply to the segments designated be the full title and interest received by the ‘‘(A) The entire 10.8-mile segment of the by subsection (b). The authority of the Sec- Alaska Railroad in the Deed for Exclusive main stem, starting at its confluence with retary to acquire lands for the purposes of Use Easement and Railroad Related Im- Lake Hayward Brook to its confluence with this section shall be limited to acquisition provements filed in Book 33, pages 985–994 of the Connecticut River at the mouth of Ham- by donation or acquisition with the consent the Nenana Recording District, Alaska, pur- burg Cove, as a scenic river. of the owner thereof, and shall be subject to suant to the Alaska Railroad Transfer Act of ‘‘(B) The 8.0-mile segment of the East the additional criteria set forth in the 1982 (45 U.S.C. 1201 et seq.). Branch of the Eightmile River starting at Eightmile River Watershed Management (D) COSTS.—The Alaska Railroad shall pay Witch Meadow Road to its confluence with Plan. all costs associated with the exchange under the main stem of the Eightmile River, as a (h) WATERSHED APPROACH.— this section, including the costs of compli- scenic river. (1) IN GENERAL.—In furtherance of the wa- ance with the National Environmental Pol- ‘‘(C) The 3.9-mile segment of Harris Brook tershed approach to resource preservation icy Act of 1969 (42 U.S.C. 4321 et seq.), the starting with the confluence of an unnamed and enhancement articulated in the costs of any surveys, and other reasonable stream lying 0.74 miles due east of the inter- Eightmile River Watershed Management costs. section of Hartford Road (State Route 85) Plan, the tributaries of the Eightmile River (E) LAND TO BE PART OF WILDERNESS.—The and Round Hill Road to its confluence with watershed specified in paragraph (2) are rec- land underlying any easement relinquished the East Branch of the Eightmile River, as a ognized as integral to the protection and en- to the United States under this section that scenic river. hancement of the Eightmile River and its is adjacent to designated wilderness is here- ‘‘(D) The 1.9-mile segment of Beaver Brook watershed. by designated as wilderness and added to the starting at its confluence with Cedar Pond (2) COVERED TRIBUTARIES.—Paragraph (1) Denali Wilderness, the boundaries of which Brook to its confluence with the main stem applies with respect to Beaver Brook, Big are modified accordingly, and shall be man- of the Eightmile River, as a scenic river. Brook, Burnhams Brook, Cedar Pond Brook, aged in accordance with applicable provi- ‘‘(E) The 0.7-mile segment of Falls Brook Cranberry Meadow Brook, Early Brook, sions of the Wilderness Act (78 Stat. 892) and from its confluence with Tisdale Brook to its Falls Brook, Fraser Brook, Harris Brook, the Alaska National Interest Lands Con- confluence with the main stem of the Hedge Brook, Lake Hayward Brook, Malt servation Act of 1980 (94 Stat. 2371). Eightmile River at Hamburg Cove, as a sce- House Brook, Muddy Brook, Ransom Brook, (F) OTHER TERMS AND CONDITIONS.—The nic river.’’. Rattlesnake Ledge Brook, Shingle Mill Secretary shall require any additional terms (c) MANAGEMENT.—The segments of the Brook, Strongs Brook, Tisdale Brook, Witch and conditions under this section that the main stem and certain tributaries of the Meadow Brook, and all other perennial Secretary determines to be appropriate to Eightmile River in the State of Connecticut streams within the Eightmile River water- protect the interests of the United States designated as components of the National shed. and of Denali National Park. Wild and Scenic Rivers System by the (i) AUTHORIZATION OF APPROPRIATIONS.— amendment made by subsection (b) (in this There are authorized to be appropriated such Subtitle G—National Underground Railroad section referred to as the ‘‘Eightmile River’’) sums as are necessary to carry out this sec- Network to Freedom Amendments shall be managed in accordance with the tion and the amendment made by subsection SEC. 361. AUTHORIZING APPROPRIATIONS FOR Eightmile River Watershed Management (b). SPECIFIC PURPOSES. Plan and such amendments to the plan as Subtitle F—Denali National Park and Alaska (a) IN GENERAL.—The National Under- the Secretary of the Interior determines are Railroad Exchange consistent with this section. The Eightmile ground Railroad Network to Freedom Act of River Watershed Management Plan is SEC. 351. DENALI NATIONAL PARK AND ALASKA 1998 (16 U.S.C. 469l et seq.) is amended— deemed to satisfy the requirements for a RAILROAD CORPORATION EX- (1) by striking section 3(d); CHANGE. comprehensive management plan required by (2) by striking section 4(d); and section 3(d) of the Wild and Scenic Rivers (a) DEFINITIONS.—In this section: (3) by adding at the end the following: (1) CORPORATION.—The term ‘‘Corporation’’ Act (16 U.S.C. 1274(d)). ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (d) COMMITTEE.—The Secretary of the Inte- means the Alaska Railroad Corporation rior shall coordinate the management re- owned by the State of Alaska. ‘‘(a) AMOUNTS.—There are authorized to be sponsibilities of the Secretary with regard to (2) SECRETARY.—The term ‘‘Secretary’’ appropriated to carry out this Act $2,500,000 the Eightmile River with the Eightmile means the Secretary of the Interior. for each fiscal year, to be allocated as fol- River Coordinating Committee, as specified (b) EXCHANGE.— lows: in the Eightmile River Watershed Manage- (1) IN GENERAL.— ‘‘(1) $2,000,000 is to be used for the purposes ment Plan. (A) EASEMENT EXPANDED.—The Secretary is of section 3. (e) COOPERATIVE AGREEMENTS.—In order to authorized to grant to the Alaska Railroad ‘‘(2) $500,000 is to be used for the purposes provide for the long-term protection, preser- Corporation an exclusive-use easement on of section 4.

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‘‘(b) RESTRICTIONS.—No amounts may be and surrounding the National Heritage Area, recreational resources of the National Herit- appropriated for the purposes of this Act ex- to protect, enhance, and interpret resources age Area related to the national importance cept to the Secretary for carrying out the re- outside of park boundaries. and themes of the National Heritage Area sponsibilities of the Secretary as set forth in SEC. 402. DEFINITIONS. that should be protected, enhanced, inter- this Act.’’. In this subtitle— preted, managed, funded, and developed; (b) EFFECTIVE DATE.—The amendments (1) NATIONAL HERITAGE AREA.—The term (5) recommend policies and strategies for made by subsection (a) shall take effect at ‘‘National Heritage Area’’ means the Jour- resource management, including the devel- the beginning of the fiscal year immediately ney Through Hallowed Ground National Her- opment of intergovernmental and inter- following the date of the enactment of this itage Area established in this subtitle. agency agreements to protect, enhance, in- Act. (2) LOCAL COORDINATING ENTITY.—The term terpret, fund, manage, and develop the nat- Subtitle H—Grand Canyon Subcontractors ‘‘local coordinating entity’’ means the Jour- ural, historical, cultural, educational, sce- ney Through Hallowed Ground Partnership, nic, and recreational resources of the Na- SEC. 371. DEFINITIONS. a Virginia non-profit, which is hereby des- tional Heritage Area; In this subtitle: ignated by Congress— (6) describe a program for implementation (1) IDIQ.—The term ‘‘IDIQ’’ means an In- (A) to develop, in partnership with others, for the management plan, including— definite Deliver/Indefinite Quantity con- the management plan for the National Herit- (A) performance goals; tract. age Area; and (B) plans for resource protection, enhance- (2) PARK.—The term ‘‘park’’ means Grand (B) to act as a catalyst for the implemen- ment, interpretation, funding, management, Canyon National Park. tation of projects and programs among di- and development; and (3) PGI.—The term ‘‘PGI’’ means Pacific verse partners in the National Heritage (C) specific commitments for implementa- General, Inc. Area. tion that have been made by the local co- (4) SECRETARY.—The term ‘‘Secretary’’ (3) MANAGEMENT PLAN.—The term ‘‘man- ordinating entity or any Federal, State, means the Secretary of the Interior, acting agement plan’’ means the plan prepared by Tribal, or local government agency, organi- through the Director of the National Park the local coordinating entity for the Na- zation, business, or individual; Service. tional Heritage Area that specifies actions, (7) include an analysis of, and rec- SEC. 372. AUTHORIZATION. policies, strategies, performance goals, and ommendations for, means by which Federal, The Secretary is authorized, subject to the recommendations to meet the goals of the State, Tribal, and local programs may best appropriation of such funds as may be nec- National Heritage Area, in accordance with be coordinated (including the role of the Na- essary, to pay the amount owed to the sub- this subtitle. tional Park Service and other Federal agen- contractors of PGI for work performed at the (4) SECRETARY.—The term ‘‘Secretary’’ cies associated with the National Heritage park under an IDIQ with PGI between fiscal means the Secretary of the Interior. Area) to further the purposes of this subtitle; years 2002 and 2003, provided that— SEC. 403. DESIGNATION OF THE JOURNEY and (1) the primary contract between PGI and THROUGH HALLOWED GROUND NA- (8) include a business plan that— the National Park Service is terminated; TIONAL HERITAGE AREA. (A) describes the role, operation, financing, (2) the amount owed to the subcontractors (a) ESTABLISHMENT.—There is hereby es- and functions of the local coordinating enti- is verified; tablished the Journey Through Hallowed ty and of each of the major activities con- (3) all reasonable legal avenues or recourse Ground National Heritage Area. tained in the management plan; and have been exhausted by the subcontractors (b) BOUNDARIES.— (B) provides adequate assurances that the to recoup amounts owed directly from PGI; (1) IN GENERAL.—The Heritage Area shall local coordinating entity has the partner- and consist of the 175-mile region generally fol- ships and financial and other resources nec- (4) the subcontractors provide a written lowing the Route 15 corridor and surrounding essary to implement the management plan statement that payment of the amount areas from Adams County, Pennsylvania, for the National Heritage Area. verified in paragraph (2) represents payment through Frederick County, Maryland, in- (b) DEADLINE.— in full by the United States for all work per- cluding the Heart of the Civil War Maryland (1) IN GENERAL.—Not later than 3 years formed at the park under the IDIQ with PGI State Heritage Area, looping through Bruns- after the date on which funds are first made between fiscal years 2002 and 2003. wick, Maryland, to Harpers Ferry, West Vir- available to develop the management plan ginia, back through Loudoun County, Vir- after designation as a National Heritage TITLE IV—NATIONAL HERITAGE AREAS ginia, to the Route 15 corridor and sur- Area, the local coordinating entity shall sub- Subtitle A—Journey Through Hallowed rounding areas encompassing portions of mit the management plan to the Secretary Ground National Heritage Area Loudoun and Prince William Counties, Vir- for approval. SEC. 401. PURPOSES. ginia, then Fauquier County, Virginia, por- (2) TERMINATION OF FUNDING.—If the man- The purposes of this subtitle include— tions of Spotsylvania and Madison Counties, agement plan is not submitted to the Sec- (1) to recognize the national importance of Virginia, and Culpepper, Rappahannock, Or- retary in accordance with paragraph (1), the the natural and cultural legacies of the area, ange, and Albemarle Counties, Virginia. local coordinating entity shall not qualify as demonstrated in the study entitled ‘‘The (2) MAP.—The boundaries of the National for any additional financial assistance under Journey Through Hallowed Ground National Heritage Area shall include all of those lands this subtitle until such time as the manage- Heritage Area Feasibility Study’’ dated Sep- and interests as generally depicted on the ment plan is submitted to and approved by tember 2006; map titled ‘‘Journey Through Hallowed the Secretary. (2) to preserve, support, conserve, and in- Ground National Heritage Area’’, numbered (c) APPROVAL OF MANAGEMENT PLAN.— terpret the legacy of the American history P90/80,000, and dated October 2006. The map (1) REVIEW.—Not later than 180 days after created along the National Heritage Area; shall be on file and available to the public in receiving the plan, the Secretary shall re- (3) to promote heritage, cultural and rec- the appropriate offices of the National Park view and approve or disapprove the manage- reational tourism and to develop educational Service and the local coordinating entity. ment plan for a National Heritage Area on and cultural programs for visitors and the SEC. 404. MANAGEMENT PLAN. the basis of the criteria established under general public; (a) REQUIREMENTS.—The management plan paragraph (3). (4) to recognize and interpret important for the National Heritage Area shall— (2) CONSULTATION.—The Secretary shall events and geographic locations representing (1) describe comprehensive policies, goals, consult with the Governor of each State in key developments in the creation of Amer- strategies, and recommendations for telling which the National Heritage Area is located ica, including Native American, Colonial the story of the heritage of the area covered before approving a management plan for the American, European American, and African by the National Heritage Area and encour- National Heritage Area. American heritage; aging long-term resource protection, en- (3) CRITERIA FOR APPROVAL.—In deter- (5) to recognize and interpret the effect of hancement, interpretation, funding, manage- mining whether to approve a management the Civil War on the civilian population of ment, and development of the National Her- plan for a National Heritage Area, the Sec- the National Heritage Area during the war itage Area; retary shall consider whether— and post-war reconstruction period; (2) include a description of actions and (A) the local coordinating entity rep- (6) to enhance a cooperative management commitments that Federal, State, Tribal, resents the diverse interests of the National framework to assist the Commonwealth of and local governments, private organiza- Heritage Area, including Federal, State, Virginia, the State of Maryland, the Com- tions, and citizens will take to protect, en- Tribal, and local governments, natural, and monwealth of Pennsylvania, the State of hance, interpret, fund, manage, and develop historic resource protection organizations, West Virginia, and their units of local gov- the natural, historical, cultural, educational, educational institutions, businesses, rec- ernment, the private sector, and citizens re- scenic, and recreational resources of the Na- reational organizations, community resi- siding in the National Heritage Area in con- tional Heritage Area; dents, and private property owners; serving, supporting, enhancing, and inter- (3) specify existing and potential sources of (B) the local coordinating entity— preting the significant historic, cultural and funding or economic development strategies (i) has afforded adequate opportunity for recreational sites in the National Heritage to protect, enhance, interpret, fund, manage, public and Federal, State, Tribal, and local Area; and and develop the National Heritage Area; governmental involvement (including (7) to provide appropriate linkages among (4) include an inventory of the natural, his- through workshops and hearings) in the units of the National Park System within torical, cultural, educational, scenic, and preparation of the management plan; and

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2898 CONGRESSIONAL RECORD — SENATE April 10, 2008 (ii) provides for at least semiannual public tional Heritage Area to determine the im- provide technical or financial assistance meetings to ensure adequate implementation pact of the investments; and under any other law. of the management plan; (3) review the management structure, part- (b) CONSULTATION AND COORDINATION.—The (C) the resource protection, enhancement, nership relationships, and funding of the Na- head of any Federal agency planning to con- interpretation, funding, management, and tional Heritage Area for purposes of identi- duct activities that may have an impact on development strategies described in the fying the critical components for sustain- a National Heritage Area is encouraged to management plan, if implemented, would ability of the National Heritage Area. consult and coordinate the activities with adequately protect, enhance, interpret, fund, (c) REPORT.—Based on the evaluation con- the Secretary and the local coordinating en- manage, and develop the natural, historic, ducted under subsection (a)(1), the Secretary tity to the maximum extent practicable. cultural, educational, scenic, and rec- shall submit a report to the Committee on (c) OTHER FEDERAL AGENCIES.—Nothing in reational resources of the National Heritage Natural Resources of the United States this subtitle— Area; House of Representatives and the Committee (1) modifies, alters, or amends any law or (D) the management plan would not ad- on Energy and Natural Resources of the regulation authorizing a Federal agency to versely affect any activities authorized on United States Senate. The report shall in- manage Federal land under the jurisdiction Federal land under public land laws or land clude recommendations for the future role of of the Federal agency; use plans; the National Park Service, if any, with re- (2) limits the discretion of a Federal land (E) the local coordinating entity has dem- spect to the National Heritage Area. manager to implement an approved land use onstrated the financial capability, in part- SEC. 406. LOCAL COORDINATING ENTITY. plan within the boundaries of a National nership with others, to carry out the plan; (a) DUTIES.—To further the purposes of the Heritage Area; or (F) the Secretary has received adequate as- National Heritage Area, the Journey (3) modifies, alters, or amends any author- surances from the appropriate State, Tribal, Through Hallowed Ground Partnership, as ized use of Federal land under the jurisdic- and local officials whose support is needed to the local coordinating entity, shall— tion of a Federal agency. ensure the effective implementation of the (1) prepare a management plan for the Na- SEC. 408. PRIVATE PROPERTY AND REGULATORY State, Tribal, and local elements of the man- tional Heritage Area, and submit the man- PROTECTIONS. agement plan; and agement plan to the Secretary, in accord- Nothing in this subtitle— (G) the management plan demonstrates ance with this subtitle; (1) abridges the rights of any property partnerships among the local coordinating (2) submit an annual report to the Sec- owner (whether public or private), including entity, Federal, State, Tribal, and local gov- retary for each fiscal year for which the the right to refrain from participating in any ernments, regional planning organizations, local coordinating entity receives Federal plan, project, program, or activity conducted nonprofit organizations, or private sector funds under this subtitle, specifying— within the National Heritage Area; parties for implementation of the manage- (A) the specific performance goals and ac- (2) requires any property owner to permit ment plan. complishments of the local coordinating en- public access (including access by Federal, (4) DISAPPROVAL.— tity; State, Tribal, or local agencies) to the prop- (A) IN GENERAL.—If the Secretary dis- (B) the expenses and income of the local erty of the property owner, or to modify pub- approves the management plan, the Sec- lic access or use of property of the property retary— coordinating entity; (C) the amounts and sources of matching owner under any other Federal, State, Trib- (i) shall advise the local coordinating enti- al, or local law; ty in writing of the reasons for the dis- funds; (3) alters any duly adopted land use regula- approval; and (D) the amounts leveraged with Federal tion, approved land use plan, or other regu- (ii) may make recommendations to the funds and sources of the leveraging; and latory authority (such as the authority to local coordinating entity for revisions to the (E) grants made to any other entities dur- make safety improvements or increase the management plan. ing the fiscal year; capacity of existing roads or to construct (B) DEADLINE.—Not later than 180 days (3) make available for audit for each fiscal new roads) of any Federal, State, Tribal, or after receiving a revised management plan, year for which the local coordinating entity local agency, or conveys any land use or the Secretary shall approve or disapprove receives Federal funds under this subtitle, other regulatory authority to any local co- the revised management plan. all information pertaining to the expendi- ordinating entity, including but not nec- (5) AMENDMENTS.— ture of the funds and any matching funds; essarily limited to development and manage- (A) IN GENERAL.—An amendment to the and ment of energy or water or water-related in- management plan that substantially alters (4) encourage economic viability and sus- frastructure; the purposes of the National Heritage Area tainability that is consistent with the pur- (4) authorizes or implies the reservation or shall be reviewed by the Secretary and ap- poses of the National Heritage Area. appropriation of water or water rights; proved or disapproved in the same manner as (b) AUTHORITIES.—For the purposes of pre- (5) diminishes the authority of the State to the original management plan. paring and implementing the approved man- manage fish and wildlife, including the regu- (B) IMPLEMENTATION.—The local coordi- agement plan for the National Heritage lation of fishing and hunting within the Na- nating entity shall not use Federal funds au- Area, the local coordinating entity may use tional Heritage Area; or thorized by this subtitle to implement an Federal funds made available under this sub- (6) creates any liability, or affects any li- amendment to the management plan until title to— ability under any other law, of any private the Secretary approves the amendment. (1) make grants to political jurisdictions, property owner with respect to any person (6) AUTHORITIES.—The Secretary may— nonprofit organizations, and other parties injured on the private property. (A) provide technical assistance under the within the National Heritage Area; authority of this subtitle for the develop- (2) enter into cooperative agreements with SEC. 409. AUTHORIZATION OF APPROPRIATIONS. ment and implementation of the manage- or provide technical assistance to political (a) AUTHORIZATION OF APPROPRIATIONS.— ment plan; and jurisdictions, nonprofit organizations, Fed- Subject to subsection (b), there are author- (B) enter into cooperative agreements with eral agencies, and other interested parties; ized to be appropriated to carry out this sub- interested parties to carry out this subtitle. (3) hire and compensate staff, including in- title not more than $1,000,000 for any fiscal SEC. 405. EVALUATION; REPORT. dividuals with expertise in— year. Funds so appropriated shall remain (a) IN GENERAL.—Not later than 3 years be- (A) natural, historical, cultural, edu- available until expended. fore the date on which authority for Federal cational, scenic, and recreational resource (b) LIMITATION ON TOTAL AMOUNTS APPRO- funding terminates for the National Heritage conservation; PRIATED.—Not more than $15,000,000 may be Area under this subtitle, the Secretary (B) economic and community development; appropriated to carry out this subtitle. shall— and (c) COST-SHARING REQUIREMENT.—The Fed- (1) conduct an evaluation of the accom- (C) heritage planning; eral share of the total cost of any activity plishments of the National Heritage Area; (4) obtain funds or services from any under this subtitle shall be not more than 50 and source, including other Federal programs; percent; the non-Federal contribution may (2) prepare a report in accordance with sub- (5) contract for goods or services; and be in the form of in-kind contributions of section (c). (6) support activities of partners and any goods or services fairly valued. (b) EVALUATION.—An evaluation conducted other activities that further the purposes of SEC. 410. USE OF FEDERAL FUNDS FROM OTHER under subsection (a)(1) shall— the National Heritage Area and are con- SOURCES. (1) assess the progress of the local coordi- sistent with the approved management plan. Nothing in this subtitle shall preclude the nating entity with respect to— (c) PROHIBITION ON ACQUISITION OF REAL local coordinating entity from using Federal (A) accomplishing the purposes of the au- PROPERTY.—The local coordinating entity funds available under other laws for the pur- thorizing legislation for the National Herit- may not use Federal funds authorized under poses for which those funds were authorized. age Area; and this subtitle to acquire any interest in real SEC. 411. SUNSET FOR GRANTS AND OTHER AS- (B) achieving the goals and objectives of property. SISTANCE. the approved management plan for the Na- SEC. 407. RELATIONSHIP TO OTHER FEDERAL The authority of the Secretary to provide tional Heritage Area; AGENCIES. financial assistance under this subtitle ter- (2) analyze the Federal, State, Tribal, (a) IN GENERAL.—Nothing in this subtitle minates on the date that is 15 years after the local, and private investments in the Na- affects the authority of a Federal agency to date of enactment of this subtitle.

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Subtitle B—Niagara Falls National Heritage (2) MAP.—The boundaries of the National for any additional financial assistance under Area Heritage Area shall be as generally depicted this subtitle until such time as the manage- SEC. 421. PURPOSES. on the map titled ‘‘Niagara Falls National ment plan is submitted to and approved by The purposes of this subtitle include— Heritage Area,’’ and numbered P76/80,000 and the Secretary. dated July, 2006. The map shall be on file and (1) to recognize the national importance of (c) APPROVAL OF MANAGEMENT PLAN.— available to the public in the appropriate of- the natural and cultural legacies of the area, (1) REVIEW.—Not later than 180 days after fices of the National Park Service and the as demonstrated in the National Park Serv- receiving the plan, the Secretary shall re- local coordinating entity. ice study report entitled ‘‘Niagara National view and approve or disapprove the manage- Heritage Area Study’’ dated 2005; SEC. 424. MANAGEMENT PLAN. ment plan for a National Heritage Area on (2) to preserve, support, conserve, and in- (a) REQUIREMENTS.—The management plan the basis of the criteria established under terpret the natural, scenic, cultural, and his- for the National Heritage Area shall— paragraph (3). toric resources within the National Heritage (1) describe comprehensive policies, goals, (2) CONSULTATION.—The Secretary shall Area; strategies, and recommendations for telling consult with the Governor before approving (3) to promote heritage, cultural, and rec- the story of the heritage of the area covered a management plan for the National Herit- reational tourism and to develop educational by the National Heritage Area and encour- age Area. and cultural programs for visitors and the aging long-term resource protection, en- (3) CRITERIA FOR APPROVAL.—In deter- general public; hancement, interpretation, funding, manage- mining whether to approve a management (4) to recognize and interpret important ment, and development of the National Her- plan for a National Heritage Area, the Sec- events and geographic locations representing itage Area; retary shall consider whether— key developments in American history and (2) include a description of actions and (A) the local coordinating entity rep- culture, including Native American, Colonial commitments that Federal, State, Tribal, resents the diverse interests of the National American, European American, and African and local governments, private organiza- Heritage Area, including Federal, State, American heritage; tions, and citizens will take to protect, en- Tribal, and local governments, natural and (5) to enhance a cooperative management hance, interpret, fund, manage, and develop historic resource protection organizations, framework to assist State, local, and Tribal the natural, historical, cultural, educational, educational institutions, businesses, rec- governments, the private sector, and citizens scenic, and recreational resources of the Na- reational organizations, community resi- residing in the National Heritage Area in tional Heritage Area; dents, and private property owners; conserving, supporting, enhancing, and in- (3) specify existing and potential sources of (B) the local coordinating entity— terpreting the significant historic, cultural, funding or economic development strategies (i) has afforded adequate opportunity for and recreational sites in the National Herit- to protect, enhance, interpret, fund, manage, public and Federal, State, Tribal, and local age Area; and develop the National Heritage Area; governmental involvement (including (6) to conserve and interpret the history of (4) include an inventory of the natural, his- through workshops and hearings) in the the development of hydroelectric power in torical, cultural, educational, scenic, and preparation of the management plan; and the United States and its role in developing recreational resources of the National Herit- (ii) provides for at least semiannual public the American economy; and age Area related to the national importance meetings to ensure adequate implementation (7) to provide appropriate linkages among and themes of the National Heritage Area units of the National Park System within that should be protected, enhanced, inter- of the management plan; and surrounding the National Heritage Area, preted, managed, funded, and developed; (C) the resource protection, enhancement, to protect, enhance, and interpret resources (5) recommend policies and strategies for interpretation, funding, management, and outside of park boundaries. resource management, including the devel- development strategies described in the management plan, if implemented, would SEC. 422. DEFINITIONS. opment of intergovernmental and inter- adequately protect, enhance, interpret, fund, In this subtitle: agency agreements to protect, enhance, in- manage, and develop the natural, historic, (1) COMMISSION.—The term ‘‘Commission’’ terpret, fund, manage, and develop the nat- means the Niagara Falls National Heritage ural, historical, cultural, educational, sce- cultural, educational, scenic, and rec- Area Commission established under this sub- nic, and recreational resources of the Na- reational resources of the National Heritage title. tional Heritage Area; Area; (D) the management plan would not ad- (2) GOVERNOR.—The term ‘‘Governor’’ (6) describe a program for implementation means the Governor of the State of New for the management plan, including— versely affect any activities authorized on York. (A) performance goals; Federal land under public land laws or land (3) LOCAL COORDINATING ENTITY.—The term (B) plans for resource protection, enhance- use plans; ‘‘local coordinating entity’’ means the local ment, interpretation, funding, management, (E) the local coordinating entity has dem- coordinating entity for the National Herit- and development; and onstrated the financial capability, in part- age Area designated pursuant to this sub- (C) specific commitments for implementa- nership with others, to carry out the plan; title. tion that have been made by the local co- (F) the Secretary has received adequate as- (4) MANAGEMENT PLAN.—The term ‘‘man- ordinating entity or any Federal, State, surances from the appropriate State, Tribal, agement plan’’ means the plan prepared by Tribal, or local government agency, organi- and local officials whose support is needed to the local coordinating entity for the Na- zation, business, or individual; ensure the effective implementation of the tional Heritage Area that specifies actions, (7) include an analysis of, and rec- State, Tribal, and local elements of the man- policies, strategies, performance goals, and ommendations for, means by which Federal, agement plan; and recommendations to meet the goals of the State, Tribal, and local programs may best (G) the management plan demonstrates National Heritage Area, in accordance with be coordinated (including the role of the Na- partnerships among the local coordinating this subtitle. tional Park Service and other Federal agen- entity, Federal, State, Tribal, and local gov- (5) NATIONAL HERITAGE AREA.—The term cies associated with the National Heritage ernments, regional planning organizations, ‘‘National Heritage Area’’ means the Niagara Area) to further the purposes of this subtitle; nonprofit organizations, or private sector Falls National Heritage Area established in and parties for implementation of the manage- this subtitle. (8) include a business plan that— ment plan. (6) SECRETARY.—The term ‘‘Secretary’’ (A) describes the role, operation, financing, (4) DISAPPROVAL.— means the Secretary of the Interior. and functions of the local coordinating enti- (A) IN GENERAL.—If the Secretary dis- SEC. 423. DESIGNATION OF THE NIAGARA FALLS ty and of each of the major activities con- approves the management plan, the Sec- NATIONAL HERITAGE AREA. tained in the management plan; and retary— (a) ESTABLISHMENT.—There is hereby es- (B) provides adequate assurances that the (i) shall advise the local coordinating enti- tablished the Niagara Falls National Herit- local coordinating entity has the partner- ty in writing of the reasons for the dis- age Area. ships and financial and other resources nec- approval; and (b) BOUNDARIES.— essary to implement the management plan (ii) may make recommendations to the (1) IN GENERAL.—The National Heritage for the National Heritage Area. local coordinating entity for revisions to the Area shall consist of the area from the west- (b) DEADLINE.— management plan. ern boundary of the town of Wheatfield, New (1) IN GENERAL.—Not later than 3 years (B) DEADLINE.—Not later than 180 days York, extending to the mouth of the Niagara after the date on which funds are first made after receiving a revised management plan, River on Lake Ontario, including the city of available to develop the management plan the Secretary shall approve or disapprove Niagara Falls, New York, the villages of after designation as a National Heritage the revised management plan. Youngstown and Lewiston, New York, land Area, the local coordinating entity shall sub- (5) AMENDMENTS.— and water within the boundaries of the Her- mit the management plan to the Secretary (A) IN GENERAL.—An amendment to the itage Area in Niagara County, New York, for approval. management plan that substantially alters and any additional thematically related (2) TERMINATION OF FUNDING.—If the man- the purposes of the National Heritage Area sites within Erie and Niagara Counties, New agement plan is not submitted to the Sec- shall be reviewed by the Secretary and ap- York, that are identified in the management retary in accordance with paragraph (1), the proved or disapproved in the same manner as plan developed under this subtitle. local coordinating entity shall not qualify the original management plan.

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(B) IMPLEMENTATION.—The local coordi- all information pertaining to the expendi- servation, recreation, and education, or mu- nating entity shall not use Federal funds au- ture of the funds and any matching funds; seum services, of whom— thorized by this subtitle to implement an (4) encourage economic viability and sus- (A) 4 members shall be appointed by the amendment to the management plan until tainability that is consistent with the pur- Secretary, after consideration of the rec- the Secretary approves the amendment. poses of the National Heritage Area; and ommendation of the 2 members of the Senate (6) AUTHORITIES.—The Secretary may— (5) coordinate projects, activities, and pro- from the State; and (A) provide technical assistance under the grams with the Erie Canalway National Her- (B) 2 members shall be appointed by the authority of this subtitle for the develop- itage Corridor. Secretary, after consideration of the rec- ment and implementation of the manage- (c) AUTHORITIES.—For the purposes of pre- ommendation of the Member of the House of ment plan; and paring and implementing the approved man- Representatives whose district encompasses (B) enter into cooperative agreements with agement plan for the National Heritage the National Heritage Area. interested parties to carry out this subtitle. Area, the local coordinating entity may use (c) TERMS; VACANCIES.— SEC. 425. EVALUATION; REPORT. Federal funds made available under this sub- (1) TERM.—A member of the Commission title to— shall be appointed for a term not to exceed 5 (a) IN GENERAL.—Not later than 3 years be- (1) make grants to political jurisdictions, years. fore the date on which authority for Federal nonprofit organizations, and other parties (2) VACANCIES.— funding terminates for the National Heritage within the National Heritage Area; (A) PARTIAL TERM.—A member appointed Area under this subtitle the Secretary (2) enter into cooperative agreements with to fill a vacancy on the Commission shall shall— or provide technical assistance to political serve for the remainder of the term for which (1) conduct an evaluation of the accom- jurisdictions, nonprofit organizations, Fed- the predecessor of the member was ap- plishments of the National Heritage Area; eral agencies, and other interested parties; pointed. and (3) hire and compensate staff, including in- (B) IN GENERAL.—A vacancy on the Com- (2) prepare a report in accordance with sub- dividuals with expertise in— mission shall be filled in the same manner as section (c). (A) natural, historical, cultural, edu- the original appointment was made. (b) EVALUATION.—An evaluation conducted (d) CHAIRPERSON AND VICE CHAIRPERSON.— under subsection (a)(1) shall— cational, scenic, and recreational resource (1) SELECTION.—The Commission shall se- (1) assess the progress of the local coordi- conservation; (B) economic and community development; lect a Chairperson and Vice Chairperson nating entity with respect to— from among the members of the Commis- (A) accomplishing the purposes of the au- and (C) heritage planning; sion. thorizing legislation for the National Herit- (2) VICE CHAIRPERSON.—The Vice Chair- age Area; and (4) obtain funds or services from any source, including other Federal programs; person shall serve as the Chairperson in the (B) achieving the goals and objectives of absence of the Chairperson. the approved management plan for the Na- (5) contract for goods or services; and (6) support activities of partners and any (e) QUORUM.— tional Heritage Area; (1) IN GENERAL.—A majority of the mem- (2) analyze the Federal, State, Tribal, and other activities that further the purposes of the National Heritage Area and are con- bers of the Commission shall constitute a local, and private investments in the Na- quorum. tional Heritage Area to determine the im- sistent with the approved management plan. (d) PROHIBITION ON ACQUISITION OF REAL (2) TRANSACTION.—For the transaction of pact of the investments; and PROPERTY.—The local coordinating entity any business or the exercise of any power of (3) review the management structure, part- may not use Federal funds authorized under the Commission, the Commission shall have nership relationships, and funding of the Na- this subtitle to acquire any interest in real the power to act by a majority vote of the tional Heritage Area for purposes of identi- property. members present at any meeting at which a fying the critical components for sustain- SEC. 427. NIAGARA FALLS HERITAGE AREA COM- quorum is in attendance. ability of the National Heritage Area. MISSION. (f) MEETINGS.— (c) REPORT.—Based on the evaluation con- (a) ESTABLISHMENT.—There is established (1) IN GENERAL.—The Commission shall ducted under subsection (a)(1), the Secretary within the Department of the Interior the meet at least quarterly at the call of— shall submit a report to the Committee on Niagara Falls National Heritage Area Com- (A) the Chairperson; or Natural Resources of the United States mission. (B) a majority of the members of the Com- House of Representatives and the Committee (b) MEMBERSHIP.—The Commission shall be mission. on Energy and Natural Resources of the composed of 17 members, of whom— (2) NOTICE.—Notice of Commission meet- United States Senate. The report shall in- (1) 1 member shall be the Director of the ings and agendas for the meetings shall be clude recommendations for the future role of National Park Service (or a designee); published in local newspapers that are dis- the National Park Service, if any, with re- (2) 5 members shall be appointed by the tributed throughout the National Heritage spect to the National Heritage Area. Secretary, after consideration of the rec- Area. SEC. 426. LOCAL COORDINATING ENTITY. ommendation of the Governor, from among (3) APPLICABLE LAW.—Meetings of the Com- (a) DESIGNATION.—The local coordinating individuals with knowledge and experience mission shall be subject to section 552b of entity for the Heritage Area shall be— of— title 5, United States Code. (1) for the 5-year period beginning on the (A) the New York State Office of Parks, (g) AUTHORITIES OF THE COMMISSION.—In addition to the authorities otherwise grant- date of enactment of this subtitle, the Com- Recreation and Historic Preservation, the ed in this subtitle, the Commission may— mission; and Niagara River Greenway Commission, the (1) request and accept from the head of any (2) on expiration of the 5-year period de- New York Power Authority, the USA Niag- Federal agency, on a reimbursable or non-re- scribed in paragraph (1), a private nonprofit ara Development Corporation, and the Niag- imbursable basis, any personnel of the Fed- or governmental organization designated by ara Tourism and Convention Corporation; or eral agency to the Commission to assist in the Commission. (B) any successors of the agencies de- carrying out the duties of the Commission; (b) DUTIES.—To further the purposes of the scribed in subparagraph (A); (2) request and accept from the head of any National Heritage Area, the local coordi- (3) 1 member shall be appointed by the Sec- State agency or any agency of a political nating entity, shall— retary, after consideration of the rec- subdivision of the State, on a reimbursable (1) prepare a management plan for the Na- ommendation of the mayor of Niagara Falls, or nonreimbursable basis, any personnel of tional Heritage Area, and submit the man- New York; the agency to the Commission to assist in agement plan to the Secretary, in accord- (4) 1 member shall be appointed by the Sec- carrying out the duties of the Commission; ance with this subtitle; retary, after consideration of the rec- (3) seek, accept, and dispose of gifts, be- (2) submit an annual report to the Sec- ommendation of the mayor of the village of quests, grants, or donations of money, per- retary for each fiscal year for which the Youngstown, New York; sonal property, or services; and local coordinating entity receives Federal (5) 1 member shall be appointed by the Sec- (4) use the United States mails in the same funds under this subtitle, specifying— retary, after consideration of the rec- manner as other agencies of the Federal Gov- (A) the specific performance goals and ac- ommendation of the mayor of the village of ernment. complishments of the local coordinating en- Lewiston, New York; (h) DUTIES OF THE COMMISSION.—To further tity; (6) 1 member shall be appointed by the Sec- the purposes of the National Heritage Area, (B) the expenses and income of the local retary, after consideration of the rec- in addition to the duties otherwise listed in coordinating entity; ommendation of the Tuscarora Nation; this subtitle, the Commission shall assist in (C) the amounts and sources of matching (7) 1 member shall be appointed by the Sec- the transition of the management of the Na- funds; retary, after consideration of the rec- tional Heritage Area from the Commission (D) the amounts leveraged with Federal ommendation of the Seneca Nation of Indi- to the local coordinating entity designated funds and sources of the leveraging; and ans; and under this subtitle. (E) grants made to any other entities dur- (8) 6 members shall be individuals who (i) COMPENSATION OF MEMBERS.— ing the fiscal year; have an interest in, support for, and exper- (1) IN GENERAL.—A member of the Commis- (3) make available for audit for each fiscal tise appropriate to tourism, regional plan- sion shall serve without compensation. year for which the local coordinating entity ning, history and historic preservation, cul- (2) TRAVEL EXPENSES.—A member of the receives Federal funds under this subtitle, tural or natural resource management, con- Commission shall be allowed travel expenses,

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including per diem in lieu of subsistence, at (c) COST-SHARING REQUIREMENT.—The Fed- SEC. 443. DESIGNATION OF ABRAHAM LINCOLN rates authorized for an employee of an agen- eral share of the total cost of any activity NATIONAL HERITAGE AREA. cy under subchapter I of chapter 57 of title 5, under this subtitle shall be not more than 50 (a) ESTABLISHMENT.—There is hereby es- United States Code, while away from the percent; the non-Federal contribution may tablished the Abraham Lincoln National home or regular place of business of the be in the form of in-kind contributions of Heritage Area. member in the performance of the duties of goods or services fairly valued. the Commission. SEC. 431. USE OF FEDERAL FUNDS FROM OTHER (b) BOUNDARIES.— (j) GIFTS.—For purposes of section 170(c) of SOURCES. (1) IN GENERAL.—The National Heritage the Internal Revenue Code of 1986, any gift Nothing in this subtitle shall preclude the Area shall consist of sites as designated by or charitable contribution to the Commis- local coordinating entity from using Federal the management plan within a core area lo- sion shall be considered to be a charitable funds available under other laws for the pur- cated in Central Illinois, consisting of contribution or gift to the United States. poses for which those funds were authorized. Adams, Brown, Calhoun, Cass, Champaign, (k) USE OF FEDERAL FUNDS.—Except as pro- SEC. 432. SUNSET FOR GRANTS AND OTHER AS- Christian, Clark, Coles, Cumberland, Dewitt, vided for the leasing of administrative facili- SISTANCE. Douglas, Edgar, Fayette, Fulton, Greene, ties under subsection (g)(1), the Commission The authority of the Secretary to provide Hancock, Henderson, Jersey, Knox, LaSalle, may not use Federal funds made available to financial assistance under this subtitle ter- Logan, Macon, Macoupin, Madison, Mason, the Commission under this subtitle to ac- minates on the date that is 15 years after the McDonough, McLean, Menard, Montgomery, quire any real property or interest in real date of enactment of this Act. Morgan, Moultrie, Peoria, Piatt, Pike, San- property. Subtitle C—Abraham Lincoln National gamon, Schuyler, Scott, Shelby, Tazewell, SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES. Heritage Area Vermillion, Warren and Woodford counties. (a) IN GENERAL.—Nothing in this subtitle SEC. 441. PURPOSES. (2) MAP.—The boundaries of the National affects the authority of a Federal agency to The purposes of this subtitle include— Heritage Area shall be as generally depicted provide technical or financial assistance (1) to recognize the significant natural and on the map titled ‘‘Proposed Abraham Lin- under any other law. cultural legacies of the area, as dem- coln National Heritage Area’’, and numbered (b) CONSULTATION AND COORDINATION.—The onstrated in the study entitled ‘‘Feasibility 338/80,000, and dated July 2007. The map shall head of any Federal agency planning to con- Study of the Proposed Abraham Lincoln Na- be on file and available to the public in the duct activities that may have an impact on tional Heritage Area’’ prepared for the Look- appropriate offices of the National Park a National Heritage Area is encouraged to ing for Lincoln Heritage Coalition in 2002 Service and the local coordinating entity. consult and coordinate the activities with and revised in 2007; SEC. 444. MANAGEMENT PLAN. the Secretary and the local coordinating en- (2) to promote heritage, cultural and rec- tity to the maximum extent practicable. reational tourism and to develop educational (a) REQUIREMENTS.—The management plan (c) OTHER FEDERAL AGENCIES.—Nothing in and cultural programs for visitors and the for the National Heritage Area shall— this subtitle— general public; (1) describe comprehensive policies, goals, (1) modifies, alters, or amends any law or (3) to recognize and interpret important strategies, and recommendations for telling regulation authorizing a Federal agency to events and geographic locations representing the story of the heritage of the area covered manage Federal land under the jurisdiction key periods in the growth of America, in- by the National Heritage Area and encour- of the Federal agency; cluding Native American, Colonial Amer- aging long-term resource protection, en- (2) limits the discretion of a Federal land ican, European American, and African Amer- hancement, interpretation, funding, manage- manager to implement an approved land use ican heritage; ment, and development of the National Her- plan within the boundaries of a National (4) to recognize and interpret the distinc- itage Area; Heritage Area; or tive role the region played in shaping the (2) include a description of actions and (3) modifies, alters, or amends any author- man who would become the 16th President of commitments that Federal, State, Tribal, ized use of Federal land under the jurisdic- the United States, and how Abraham Lin- and local governments, private organiza- tion of a Federal agency. coln’s life left its traces in the stories, folk- tions, and citizens will take to protect, en- SEC. 429. PRIVATE PROPERTY AND REGULATORY lore, buildings, streetscapes, and landscapes hance, interpret, fund, manage, and develop PROTECTIONS. of the region; the natural, historical, cultural, educational, Nothing in this subtitle— (5) to provide a cooperative management scenic, and recreational resources of the Na- (1) abridges the rights of any property framework to foster a close working rela- owner (whether public or private), including tional Heritage Area; tionship with all levels of government, the the right to refrain from participating in any (3) specify existing and potential sources of private sector, and the local communities in plan, project, program, or activity conducted funding or economic development strategies the region in identifying, preserving, inter- within the National Heritage Area; to protect, enhance, interpret, fund, manage, preting, and developing the historical, cul- (2) requires any property owner to permit and develop the National Heritage Area; tural, scenic, and natural resources of the re- public access (including access by Federal, (4) include an inventory of the natural, his- State, Tribal, or local agencies) to the prop- gion for the educational and inspirational torical, cultural, educational, scenic, and erty of the property owner, or to modify pub- benefit of current and future generations; recreational resources of the National Herit- lic access or use of property of the property and age Area related to the national importance owner under any other Federal, State, Trib- (6) to provide appropriate linkages between and themes of the National Heritage Area al, or local law; units of the National Park System and com- that should be protected, enhanced, inter- (3) alters any duly adopted land use regula- munities, governments, and organizations preted, managed, funded, and developed; tion, approved land use plan, or other regu- within the Heritage Area. (5) recommend policies and strategies for latory authority of any Federal, State, Trib- SEC. 442. DEFINITIONS. resource management, including the devel- al, or local agency, or conveys any land use In this subtitle: opment of intergovernmental and inter- or other regulatory authority to any local (1) LOCAL COORDINATING ENTITY.—The term agency agreements to protect, enhance, in- coordinating entity, including but not nec- ‘‘local coordinating entity’’ means the Look- terpret, fund, manage, and develop the nat- essarily limited to development and manage- ing for Lincoln Heritage Coalition, which is ural, historical, cultural, educational, sce- ment of energy, water, or water-related in- hereby designated by Congress— nic, and recreational resources of the Na- frastructure; (A) to develop, in partnership with others, tional Heritage Area; (4) authorizes or implies the reservation or the management plan for the National Herit- (6) describe a program for implementation appropriation of water or water rights; age Area; and for the management plan, including— (5) diminishes the authority of the State to (B) to act as a catalyst for the implemen- (A) performance goals; manage fish and wildlife, including the regu- tation of projects and programs among di- (B) plans for resource protection, enhance- lation of fishing and hunting within the Na- verse partners in the National Heritage ment, interpretation, funding, management, tional Heritage Area; or Area. and development; and (6) creates any liability, or affects any li- (2) MANAGEMENT PLAN.—The term ‘‘man- (C) specific commitments for implementa- ability under any other law, of any private agement plan’’ means the plan prepared by tion that have been made by the local co- property owner with respect to any person the local coordinating entity for the Na- ordinating entity or any Federal, State, injured on the private property. tional Heritage Area that specifies actions, Tribal, or local government agency, organi- SEC. 430. AUTHORIZATION OF APPROPRIATIONS. policies, strategies, performance goals, and zation, business, or individual; (a) AUTHORIZATION OF APPROPRIATIONS.— recommendations to meet the goals of the (7) include an analysis of, and rec- Subject to subsection (b), there are author- National Heritage Area, in accordance with ommendations for, means by which Federal, ized to be appropriated to carry out this sub- this subtitle. State, Tribal, and local programs may best title not more than $1,000,000 for any fiscal (3) NATIONAL HERITAGE AREA.—The term be coordinated (including the role of the Na- year. Funds so appropriated shall remain ‘‘National Heritage Area’’ means the Abra- tional Park Service and other Federal agen- available until expended. ham Lincoln National Heritage Area estab- cies associated with the National Heritage (b) LIMITATION ON TOTAL AMOUNTS APPRO- lished in this subtitle. Area) to further the purposes of this subtitle; PRIATED.—Not more than $15,000,000 may be (4) SECRETARY.—The term ‘‘Secretary’’ and appropriated to carry out this subtitle. means the Secretary of the Interior. (8) include a business plan that—

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(A) describes the role, operation, financing, (A) IN GENERAL.—If the Secretary dis- (B) the expenses and income of the local and functions of the local coordinating enti- approves the management plan, the Sec- coordinating entity; ty and of each of the major activities con- retary— (C) the amounts and sources of matching tained in the management plan; and (i) shall advise the local coordinating enti- funds; (B) provides adequate assurances that the ty in writing of the reasons for the dis- (D) the amounts leveraged with Federal local coordinating entity has the partner- approval; and funds and sources of the leveraging; and ships and financial and other resources nec- (ii) may make recommendations to the (E) grants made to any other entities dur- essary to implement the management plan local coordinating entity for revisions to the ing the fiscal year; for the National Heritage Area. management plan. (3) make available for audit for each fiscal (b) DEADLINE.— (B) DEADLINE.—Not later than 180 days year for which the local coordinating entity (1) IN GENERAL.—Not later than 3 years after receiving a revised management plan, receives Federal funds under this subtitle, after the date on which funds are first made the Secretary shall approve or disapprove all information pertaining to the expendi- available to develop the management plan the revised management plan. ture of the funds and any matching funds; after designation as a National Heritage (5) AMENDMENTS.— and Area, the local coordinating entity shall sub- (A) IN GENERAL.—An amendment to the (4) encourage economic viability and sus- mit the management plan to the Secretary management plan that substantially alters tainability that is consistent with the pur- for approval. the purposes of the National Heritage Area poses of the National Heritage Area. (2) TERMINATION OF FUNDING.—If the man- shall be reviewed by the Secretary and ap- (b) AUTHORITIES.—For the purposes of pre- agement plan is not submitted to the Sec- proved or disapproved in the same manner as paring and implementing the approved man- retary in accordance with paragraph (1), the the original management plan. agement plan for the National Heritage local coordinating entity shall not qualify (B) IMPLEMENTATION.—The local coordi- Area, the local coordinating entity may use for any additional financial assistance under nating entity shall not use Federal funds au- Federal funds made available under this sub- this subtitle until such time as the manage- thorized by this subtitle to implement an title to— ment plan is submitted to and approved by amendment to the management plan until (1) make grants to political jurisdictions, the Secretary. the Secretary approves the amendment. nonprofit organizations, and other parties (c) APPROVAL OF MANAGEMENT PLAN.— (6) AUTHORITIES.—The Secretary may— within the National Heritage Area; (1) REVIEW.—Not later than 180 days after (A) provide technical assistance under the (2) enter into cooperative agreements with receiving the plan, the Secretary shall re- authority of this subtitle for the develop- or provide technical assistance to political view and approve or disapprove the manage- ment and implementation of the manage- jurisdictions, nonprofit organizations, Fed- ment plan for a National Heritage Area on ment plan; and eral agencies, and other interested parties; the basis of the criteria established under (B) enter into cooperative agreements with (3) hire and compensate staff, including in- paragraph (3). interested parties to carry out this subtitle. dividuals with expertise in— (2) CONSULTATION.—The Secretary shall SEC. 445. EVALUATION; REPORT. (A) natural, historical, cultural, edu- consult with the Governor of each State in cational, scenic, and recreational resource (a) IN GENERAL.—Not later than 3 years be- which the National Heritage Area is located fore the date on which authority for Federal conservation; before approving a management plan for the funding terminates for the National Heritage (B) economic and community development; National Heritage Area. Area under this subtitle, the Secretary and (3) CRITERIA FOR APPROVAL.—In deter- shall— (C) heritage planning; mining whether to approve a management (1) conduct an evaluation of the accom- (4) obtain funds or services from any plan for a National Heritage Area, the Sec- plishments of the National Heritage Area; source, including other Federal programs; retary shall consider whether— and (5) contract for goods or services; and (A) the local coordinating entity rep- (2) prepare a report in accordance with sub- (6) support activities of partners and any resents the diverse interests of the National section (c). other activities that further the purposes of Heritage Area, including Federal, State, (b) EVALUATION.—An evaluation conducted the National Heritage Area and are con- Tribal, and local governments, natural, and under subsection (a)(1) shall— sistent with the approved management plan. historic resource protection organizations, (1) assess the progress of the local coordi- (c) PROHIBITION ON ACQUISITION OF REAL educational institutions, businesses, rec- nating entity with respect to— PROPERTY.—The local coordinating entity may not use Federal funds authorized under reational organizations, community resi- (A) accomplishing the purposes of the au- this subtitle to acquire any interest in real dents, and private property owners; thorizing legislation for the National Herit- property. (B) the local coordinating entity— age Area; and (i) has afforded adequate opportunity for (B) achieving the goals and objectives of SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES. public and Federal, State, Tribal, and local the approved management plan for the Na- governmental involvement (including (a) IN GENERAL.—Nothing in this subtitle tional Heritage Area; affects the authority of a Federal agency to through workshops and hearings) in the (2) analyze the Federal, State, Tribal, and preparation of the management plan; and provide technical or financial assistance local, and private investments in the Na- under any other law. (ii) provides for at least semiannual public tional Heritage Area to determine the im- meetings to ensure adequate implementation (b) CONSULTATION AND COORDINATION.—The pact of the investments; and head of any Federal agency planning to con- of the management plan; (3) review the management structure, part- duct activities that may have an impact on (C) the resource protection, enhancement, nership relationships, and funding of the Na- a National Heritage Area is encouraged to interpretation, funding, management, and tional Heritage Area for purposes of identi- consult and coordinate the activities with development strategies described in the fying the critical components for sustain- the Secretary and the local coordinating en- management plan, if implemented, would ability of the National Heritage Area. tity to the maximum extent practicable. adequately protect, enhance, interpret, fund, (c) REPORT.—Based on the evaluation con- (c) OTHER FEDERAL AGENCIES.—Nothing in manage, and develop the natural, historic, ducted under subsection (a)(1), the Secretary this subtitle— cultural, educational, scenic, and rec- shall submit a report to the Committee on (1) modifies, alters, or amends any law or reational resources of the National Heritage Natural Resources of the United States regulation authorizing a Federal agency to Area; House of Representatives and the Committee manage Federal land under the jurisdiction (D) the management plan would not ad- on Energy and Natural Resources of the of the Federal agency; versely affect any activities authorized on United States Senate. The report shall in- (2) limits the discretion of a Federal land Federal land under public land laws or land clude recommendations for the future role of manager to implement an approved land use use plans; the National Park Service, if any, with re- plan within the boundaries of a National (E) the local coordinating entity has dem- spect to the National Heritage Area. Heritage Area; or onstrated the financial capability, in part- SEC. 446. LOCAL COORDINATING ENTITY. (3) modifies, alters, or amends any author- nership with others, to carry out the plan; (a) DUTIES.—To further the purposes of the ized use of Federal land under the jurisdic- (F) the Secretary has received adequate as- National Heritage Area, the Looking for Lin- tion of a Federal agency. surances from the appropriate State, Tribal, coln Heritage Coalition, as the local coordi- SEC. 448. PRIVATE PROPERTY AND REGULATORY and local officials whose support is needed to nating entity, shall— PROTECTIONS. ensure the effective implementation of the (1) prepare a management plan for the Na- Nothing in this subtitle— State, Tribal, and local elements of the man- tional Heritage Area, and submit the man- (1) abridges the rights of any property agement plan; and agement plan to the Secretary, in accord- owner (whether public or private), including (G) the management plan demonstrates ance with this subtitle; the right to refrain from participating in any partnerships among the local coordinating (2) submit an annual report to the sec- plan, project, program, or activity conducted entity, Federal, State, Tribal, and local gov- retary for each fiscal year for which the within the National Heritage Area; ernments, regional planning organizations, local coordinating entity receives Federal (2) requires any property owner to permit nonprofit organizations, or private sector funds under this subtitle, specifying— public access (including access by Federal, parties for implementation of the manage- (A) the specific performance goals and ac- State, Tribal, or local agencies) to the prop- ment plan. complishments of the local coordinating en- erty of the property owner, or to modify pub- (4) DISAPPROVAL.— tity; lic access or use of property of the property

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OHIO AND ERIE CANAL NATIONAL HER- al, or local law; and ITAGE CORRIDOR TECHNICAL COR- (3) alters any duly adopted land use regula- (3) review the management structure, part- RECTIONS. tion, approved land use plan, or other regu- nership relationships, and funding of the Na- Title VIII of Division II of the Omnibus latory authority of any Federal, State, Trib- tional Heritage Area for purposes of identi- Parks and Public Lands Management Act of al, or local agency, or conveys any land use fying the critical components for sustain- 1996 (Public Law 104–333) is amended— (1) by striking ‘‘Canal National Heritage or other regulatory authority to any local ability of the National Heritage Area. Corridor’’ each place it appears and inserting coordinating entity, including but not nec- (c) REPORT.—Based on the evaluation con- ‘‘National Heritage Canalway’’; essarily limited to development and manage- ducted under subsection (a)(1), the Secretary (2) by striking ‘‘corridor’’ each place it ap- ment of energy, water, or water-related in- shall submit a report to the Committee on pears and inserting ‘‘canalway’’, except in frastructure; Natural Resources of the United States references to the feasibility study and man- (4) authorizes or implies the reservation or House of Representatives and the Committee agement plan; appropriation of water or water rights; on Energy and Natural Resources of the Sen- (3) in the heading of section 808(a)(3), by (5) diminishes the authority of the State to ate. The report shall include recommenda- striking ‘‘CORRIDOR’’ and inserting manage fish and wildlife, including the regu- tions for the future role of the National Park ‘‘CANALWAY’’; lation of fishing and hunting within the Na- Service, if any, with respect to the National (4) in the title heading, by striking tional Heritage Area; or Heritage Area. ‘‘CANAL NATIONAL HERITAGE COR- (6) creates any liability, or affects any li- Subtitle E—Technical Corrections and RIDOR’’ and inserting ‘‘NATIONAL HERIT- ability under any other law, of any private Additions AGE CANALWAY’’; property owner with respect to any person SEC. 471. NATIONAL COAL HERITAGE AREA TECH- (5) in section 803— injured on the private property. NICAL CORRECTIONS. (A) by striking paragraph (2); SEC. 449. AUTHORIZATION OF APPROPRIATIONS. Title I of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (B) by redesignating paragraphs (3), (4), (5), (a) AUTHORIZATION OF APPROPRIATIONS.— (6), and (7) as paragraphs (2), (3), (4), (5), and Subject to subsection (b), there are author- (Public Law 104–333 as amended by Public Law 106–176 and Public Law 109–338) is (6), respectively; ized to be appropriated to carry out this sub- (C) in paragraph (2) (as redesignated by title not more than $1,000,000 for any fiscal amended— (1) by striking section 103(b) and inserting subparagraph (B)), by striking ‘‘808’’ and in- year. Funds so appropriated shall remain serting ‘‘806’’; and available until expended. the following: ‘‘(b) BOUNDARIES.—The National Coal Her- (D) in paragraph (6) (as redesignated by (b) LIMITATION ON TOTAL AMOUNTS APPRO- itage Area shall be comprised of Lincoln subparagraph (B)), by striking ‘‘807(a)’’ and PRIATED.—Not more than $15,000,000 may be County, West Virginia, and Paint Creek and inserting ‘‘805(a)’’; appropriated to carry out this subtitle. Cabin Creek within Kanawah County, West (6) in the heading of section 804, by strik- (c) COST-SHARING REQUIREMENT.—The Fed- Virginia, and the counties that are the sub- ing ‘‘CANAL NATIONAL HERITAGE COR- eral share of the total cost of any activity ject of the study by the National Park Serv- RIDOR’’ and inserting ‘‘NATIONAL HERIT- under this subtitle shall be not more than 50 ice, dated 1993, entitled ‘A Coal Mining Her- AGE CANALWAY’’; percent; the non-Federal contribution may itage Study: Southern West Virginia’ con- (7) in the second sentence of section be in the form of in-kind contributions of ducted pursuant to title VI of Public Law 804(b)(1), by striking ‘‘808’’ and inserting goods or services fairly valued. 100–699.’’; ‘‘806’’; SEC. 450. USE OF FEDERAL FUNDS FROM OTHER (2) by striking section 105 and inserting the (8) by striking sections 805 and 806; SOURCES. following: (9) by redesignating sections 807, 808, 809, Nothing in this subtitle shall preclude the ‘‘SEC. 105. ELIGIBLE RESOURCES. 810, 811, and 812 as sections 805, 806, 807, 808, local coordinating entity from using Federal ‘‘(a) IN GENERAL.—The resources eligible 809, and 810, respectively; funds available under other laws for the pur- for the assistance under section 104 shall in- (10) in section 805(c)(2) (as redesignated by poses for which those funds were authorized. clude— paragraph (9)), by striking ‘‘808’’ and insert- SEC. 451. SUNSET FOR GRANTS AND OTHER AS- ‘‘(1) resources in Lincoln County, West Vir- ing ‘‘806’’; SISTANCE. ginia, and Paint Creek and Cabin Creek in (11) in section 806 (as redesignated by para- The authority of the Secretary to provide Kanawah County, West Virginia, as deter- graph (9))— financial assistance under this subtitle ter- mined to be appropriate by the National Coal (A) in subsection (a)(1), by striking ‘‘Com- minates on the date that is 15 years after the Heritage Area Authority; and mittee’’ and inserting ‘‘Secretary’’; date of the enactment of this subtitle. ‘‘(2) the resources set forth in appendix D (B) in the heading of subsection (a)(1), by Subtitle D—Authorization Extensions and of the study by the National Park Service, striking ‘‘COMMITTEE’’ and inserting ‘‘SEC- Viability Studies dated 1993, entitled ‘A Coal Mining Heritage RETARY’’; Study: Southern West Virginia’ conducted (C) in subsection (a)(3), in the first sen- SEC. 461. EXTENSIONS OF AUTHORIZED APPRO- tence of subparagraph (B), by striking ‘‘Com- PRIATIONS. pursuant to title VI of Public Law 100–699. ‘‘(b) PRIORITY.—Priority consideration mittee’’ and inserting ‘‘management entity’’; Division II of the Omnibus Parks and Pub- shall be given to those sites listed as ‘Con- (D) in subsection (e), by striking lic Lands Management Act of 1996 (Public servation Priorities’ and ‘Important Historic ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; and Law 104–333; 16 U.S.C. 461 note) is amended in Resources’ as depicted on the map entitled (E) in subsection (f), by striking ‘‘807(d)(1)’’ each of sections 108(a), 209(a), 311(a), 409(a), ‘Study Area: Historic Resources’ in such and inserting ‘‘805(d)(1)’’; 508(a), 608(a), 708(a), 810(a) (as redesignated study.’’; (12) in section 807 (as redesignated by para- by section 474(9)), and 909(c), by striking (3) in section 106(a)— graph (9)), in subsection (c) by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. (A) by striking ‘‘Governor’’ and all that ‘‘Cayohoga Valley National Recreation SEC. 462. EVALUATION AND REPORT. follows through ‘‘Parks,’’ and inserting ‘‘Na- Area’’ and inserting ‘‘Cayohoga Valley Na- (a) IN GENERAL.—For the nine National tional Coal Heritage Area Authority’’; and tional Park’’; Heritage Areas authorized in Division II of (B) in paragraph (3), by striking ‘‘State of (13) in section 808 (as redesignated by para- the Omnibus Parks and Public Lands Man- West Virginia’’ and all that follows through graph (9))— agement Act of 1996, not later than 3 years ‘‘entities, or’’ and inserting ‘‘National Coal (A) in subsection (b), by striking ‘‘Com- before the date on which authority for Fed- Heritage Area Authority or’’; and mittee or’’; and eral funding terminates for each National (4) in section 106(b), by inserting ‘‘not’’ be- (B) in subsection (c), in the matter before Heritage Area, the Secretary shall— fore ‘‘meet’’. paragraph (1), by striking ‘‘Committee’’ and (1) conduct an evaluation of the accom- SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE inserting ‘‘management entity’’; and plishments of the National Heritage Area; AREA ADDITION. (14) in section 809 (as redesignated by para- and Section 403(b) of title IV of Division II of graph (9)), by striking ‘‘assistance’’ and in- (2) prepare a report in accordance with sub- the Omnibus Parks and Public Lands Man- serting ‘‘financial assistance’’. section (c). agement Act of 1996 (Public Law 104–333) is SEC. 475. NEW JERSEY COASTAL HERITAGE (b) EVALUATION.—An evaluation conducted amended by inserting ‘‘Butler,’’ after ‘‘Bea- TRAIL ROUTE EXTENSION OF AU- under subsection (a)(1) shall— ver,’’. THORIZATION. (1) assess the progress of the local manage- SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE Section 6 of Public Law 100–515 (16 U.S.C. ment entity with respect to— CORRIDOR ADDITION. 1244 note) is amended as follows: (A) accomplishing the purposes of the au- Section 604(b)(2) of title VI of Division II of (1) Strike paragraph (1) of subsection (b) thorizing legislation for the National Herit- the Omnibus Parks and Public Lands Man- and insert the following new paragraph: age Area; and agement Act of 1996 is amended by adding at ‘‘(1) IN GENERAL.—Amounts made available (B) achieving the goals and objectives of the end the following new subparagraphs: under subsection (a) shall be used only for— the approved management plan for the Na- ‘‘(O) Berkeley County. ‘‘(A) technical assistance; tional Heritage Area; ‘‘(P) Saluda County. ‘‘(B) the design and fabrication of interpre- (2) analyze the investments of Federal, ‘‘(Q) The portion of Georgetown County tive materials, devices, and signs; and State, Tribal, and local government and pri- that is not part of the Gullah/Geechee Cul- ‘‘(C) the preparation of the strategic vate entities in each National Heritage Area tural Heritage Corridor.’’. plan.’’.

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(2) Paragraph (3) of subsection (b) is (c) REPORT.—Not later than 3 fiscal years (B) reflects traditions, customs, beliefs, amended by inserting after subparagraph (B) after the date on which funds are made avail- and historical events that are a valuable a new subparagraph as follows: able to carry out the study, the Secretary part of the story of the United States; ‘‘(C) Notwithstanding paragraph (3)(A), shall submit to the Committee on Energy (C) provides— funds made available under subsection (a) for and Natural Resources of the Senate and the (i) outstanding opportunities to conserve the preparation of the strategic plan shall Committee on Natural Resources of the natural, historic, cultural, or scenic fea- not require a non-Federal match.’’. House of Representatives a report that de- tures; and (3) Subsection (c) is amended by striking scribes the findings, conclusions, and rec- (ii) outstanding educational opportunities; ‘‘2007’’ and inserting ‘‘2011’’. ommendations of the Secretary with respect (D) contains resources that— Subtitle F—Studies to the study. (i) are important to any identified themes of the study area; and SEC. 481. COLUMBIA-PACIFIC NATIONAL HERIT- SEC. 482. STUDY OF SITES RELATING TO ABRA- (ii) retain a degree of integrity capable of AGE AREA STUDY. HAM LINCOLN IN KENTUCKY. (a) DEFINITIONS.—In this section: supporting interpretation; (a) DEFINITIONS.—In this section: (1) SECRETARY.—The term ‘‘Secretary’’ (E) includes residents, business interests, (1) HERITAGE AREA.—The term ‘‘Heritage means the Secretary of the Interior. nonprofit organizations, and State and local Area’’ means a National Heritage Area in the (2) STUDY AREA.—The term ‘‘study area’’ governments that— means— State to honor Abraham Lincoln. (i) are involved in the planning of the Her- TATE.—The term ‘‘State’’ means the (A) the coastal areas of Clatsop and Pacific (2) S itage Area; Commonwealth of Kentucky. Counties (also known as the North Beach Pe- (ii) have developed a conceptual financial (3) STUDY AREA.—The term ‘‘study area’’ ninsula); and plan that outlines the roles of all partici- means the study area described in subsection (B) areas relating to Native American his- pants in the Heritage Area, including the (b)(2). tory, local history, Euro-American settle- Federal Government; and ment culture, and related economic activi- (b) STUDY.— (iii) have demonstrated support for des- ties of the Columbia River within a corridor (1) IN GENERAL.—The Secretary, in con- ignation of the Heritage Area; along the Columbia River eastward in sultation with the Kentucky Historical Soci- (F) has a potential management entity to Clatsop, Pacific, Columbia, and Wahkiakum ety, other State historical societies, the work in partnership with the individuals and Counties. State Historic Preservation Officer, State entities described in subparagraph (E) to de- (b) COLUMBIA-PACIFIC NATIONAL HERITAGE tourism offices, and other appropriate orga- velop the Heritage Area while encouraging AREA STUDY.— nizations and agencies, shall conduct a study State and local economic activity; and (1) IN GENERAL.—The Secretary, in con- to assess the suitability and feasibility of (G) has a conceptual boundary map that is sultation with the managers of any Federal designating the study area as a National supported by the public. land within the study area, appropriate Heritage Area in the State to honor Abra- (c) REPORT.—Not later than the third fiscal State and local governmental agencies, trib- ham Lincoln. year after the date on which funds are first al governments, and any interested organiza- (2) DESCRIPTION OF STUDY AREA.—The study made available to carry out this section, the tions, shall conduct a study to determine the area shall include— Secretary shall submit to the Committee on feasibility of designating the study area as (A) Boyle, Breckinridge, Fayette, Frank- Natural Resources of the House of Rep- the Columbia-Pacific National Heritage lin, Hardin, Jefferson, Jessamine, Larue, resentatives and the Committee on Energy Area. Madison, Mercer, and Washington Counties and Natural Resources of the Senate a report (2) REQUIREMENTS.—The study shall in- in the State; and that describes— clude analysis, documentation, and deter- (B) the following sites in the State: (1) the findings of the study; and minations on whether the study area— (i) The Abraham Lincoln Birthplace Na- (2) any conclusions and recommendations (A) has an assemblage of natural, historic, tional Historic Site. of the Secretary. and cultural resources that together rep- (ii) The Abraham Lincoln Boyhood Home TITLE V—BUREAU OF RECLAMATION AND resent distinctive aspects of American herit- Unit. UNITED STATES GEOLOGICAL SURVEY age worthy of recognition, conservation, in- (iii) Downtown Hodgenville, Kentucky, in- AUTHORIZATIONS terpretation, and continuing use, and are cluding the Lincoln Museum and Adolph A. SEC. 501. ALASKA WATER RESOURCES STUDY. best managed through partnerships among Weinman statue. (a) DEFINITIONS.—In this section: public and private entities and by combining (iv) Lincoln Homestead State Park and (1) SECRETARY.—The term ‘‘Secretary’’ diverse and sometimes noncontiguous re- Mordecai Lincoln House. means the Secretary of the Interior. sources and active communities; (v) Camp Nelson Heritage Park. (2) STATE.—The term ‘‘State’’ means the (B) reflects traditions, customs, beliefs, (vi) Farmington Historic Home. State of Alaska. and folklife that are a valuable part of the (vii) The Mary Todd Lincoln House. (b) ALASKA WATER RESOURCES STUDY.— national story; (viii) Ashland, which is the Henry Clay Es- (1) STUDY.—The Secretary, acting through (C) provides outstanding opportunities to tate. the Commissioner of Reclamation and the conserve natural, historic, cultural, or scenic (ix) The Old State Capitol. Director of the United States Geological features; (x) The Kentucky Military History Mu- Survey, where appropriate, and in accord- (D) provides outstanding recreational and seum. ance with this section and other applicable educational opportunities; (xi) The Thomas D. Clark Center for Ken- provisions of law, shall conduct a study that (E) contains resources important to the tucky History. includes— identified theme or themes of the study area (xii) The New State Capitol. (A) a survey of accessible water supplies, that retain a degree of integrity capable of (xiii) Whitehall. including aquifers, on the Kenai Peninsula supporting interpretation; (xiv) Perryville Battlefield State Historic and in the Municipality of Anchorage, the (F) includes residents, business interests, Site. Matanuska-Susitna Borough, the city of nonprofit organizations, and local and State (xv) The Joseph Holt House. Fairbanks, and the Fairbanks Northstar Bor- governments that are involved in the plan- (xvi) Elizabethtown, Kentucky, including ough; ning, have developed a conceptual financial the Lincoln Heritage House. (B) a survey of water treatment needs and plan that outlines the roles for all partici- (xvii) Lincoln Marriage Temple at Fort technologies, including desalination, appli- pants, including the Federal Government, Harrod. cable to the water resources of the State; and have demonstrated support for the con- (3) REQUIREMENTS.—The study shall in- and cept of a national heritage area; clude analysis, documentation, and deter- (C) a review of the need for enhancement of (G) has a potential local coordinating enti- minations on whether the study area— the streamflow information collected by the ty to work in partnership with residents, (A) has an assemblage of natural, historic, United States Geological Survey in the State business interests, nonprofit organizations, and cultural resources that— relating to critical water needs in areas such and local and State governments to develop (i) interpret— as— a national heritage area consistent with con- (I) the life of Abraham Lincoln; and (i) infrastructure risks to State transpor- tinued local and State economic activity; (II) the contributions of Abraham Lincoln tation; and to the United States; (ii) flood forecasting; (H) has a conceptual boundary map that is (ii) represent distinctive aspects of the her- (iii) resource extraction; and supported by the public. itage of the United States; (iv) fire management. (3) PRIVATE PROPERTY.—In conducting the (iii) are worthy of recognition, conserva- (2) REPORT.—Not later than 2 years after study required by this subsection, the Sec- tion, interpretation, and continuing use; and the date of enactment of this Act, the Sec- retary shall analyze the potential impact (iv) would be best managed— retary shall submit to the Committee on that designation of the area as a national (I) through partnerships among public and Natural Resources of the House of Rep- heritage area is likely to have on land within private entities; and resentatives and the Committee on Energy the proposed area or bordering the proposed (II) by linking diverse and sometimes non- and Natural Resources of the Senate a report area that is privately owned at the time that contiguous resources and active commu- describing the results of the study required the study is conducted. nities; by paragraph (1).

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(c) SUNSET.—The authority of the Sec- liable for damages arising out of any act, (B) expansion of climate, surface water, retary to carry out any provisions of this omission, or occurrence relating to the land and groundwater monitoring networks; section shall terminate 10 years after the and facilities, consistent with Article 9 of (C) assessment of existing water resources, date of enactment of this Act. Contract No. 02–LC–20–7790 between the surface water storage, and groundwater stor- (d) AUTHORIZATION OF APPROPRIATIONS.— United States and Placer County Water age potential; There are authorized to be appropriated such Agency. (D) numerical analysis and modeling nec- sums as are necessary to carry out this sec- SEC. 504. ARTHUR V. WATKINS DAM ENLARGE- essary to provide an integrated under- tion. MENT. standing of water resources and water man- SEC. 502. RENEGOTIATION OF PAYMENT SCHED- (a) FINDINGS.—Congress finds the fol- agement options; ULE, REDWOOD VALLEY COUNTY lowing: (E) participation in State planning forums WATER DISTRICT. (1) Arthur V. Watkins Dam is a feature of and planning groups; Section 15 of Public Law 100–516 (102 Stat. the Weber Basin Project, which was author- (F) coordination of Federal water manage- 2573) is amended— ized by law on August 29, 1949. ment planning efforts; (1) by amending paragraph (2) of subsection (2) Increasing the height of Arthur V. Wat- (G) technical review of data, models, plan- (a) to read as follows: kins Dam and construction of pertinent fa- ning scenarios, and water plans developed by ‘‘(2) If, as of January 1, 2006, the Secretary cilities may provide additional storage ca- the State; and of the Interior and the Redwood Valley pacity for the development of additional (H) provision of scientific and technical County Water District have not renegotiated water supply for the Weber Basin Project for specialists to support State and local activi- the schedule of payment, the District may uses of municipal and industrial water sup- ties. enter into such additional non-Federal obli- ply, flood control, fish and wildlife, and (3) ALLOCATION.—In providing grants under gations as are necessary to finance procure- recreation. paragraph (1), the Secretary shall, subject to ment of dedicated water rights and improve- (b) AUTHORIZATION OF FEASIBILITY STUDY.— the availability of appropriations, allocate— ments necessary to store and convey those The Secretary of the Interior, acting (A) $5,000,000 to develop hydrologic models rights to provide for the District’s water through the Bureau of Reclamation, is au- and acquire associated equipment for the needs. The Secretary shall reschedule the thorized to conduct a feasibility study on New Mexico Rio Grande main stem sections payments due under loans numbered 14–06– raising the height of Arthur V. Watkins Dam and Rios Pueblo de Taos and Hondo, Rios 200–8423A and 14–06–200–8423A Amendatory for the development of additional storage to Nambe, Pojoaque and Teseque, Rio Chama, and said payments shall commence when meet water supply needs within the Weber and Lower Rio Grande tributaries; such additional obligations have been finan- Basin Project area and the Wasatch Front. (B) $1,500,000 to complete the hydrographic cially satisfied by the District. The date of The feasibility study shall include such envi- survey development of hydrologic models the initial payment owed by the District to ronmental evaluation as required under the and acquire associated equipment for the the United States shall be regarded as the National Environmental Policy Act of 1969 San Juan River and tributaries; start of the District’s repayment period and (42 U.S.C. 4321 et seq.) and a cost allocation (C) $1,000,000 to complete the hydrographic the time upon which any interest shall first as required under the Reclamation Project survey development of hydrologic models be computed and assessed under section 5 of Act of 1939 (43 U.S.C. 485 et seq.). and acquire associated equipment for South- the Small Reclamation Projects Act of 1956 (c) COST SHARES.— west New Mexico, including the Animas (43 U.S.C. 422a et seq.).’’; and (1) FEDERAL SHARE.—The Federal share of Basin, the Gila River, and tributaries; (2) by striking subsection (c). the costs of the study authorized in sub- (D) $4,500,000 for statewide digital SEC. 503. AMERICAN RIVER PUMP STATION section (b) shall not exceed 50 percent of the orthophotography mapping; and PROJECT TRANSFER. total cost of the study. (E) such sums as are necessary to carry out (a) AUTHORITY TO TRANSFER.—The Sec- (2) IN-KIND CONTRIBUTIONS.—The Secretary additional projects consistent with para- retary of the Interior (hereafter in this sec- shall accept, as appropriate, in-kind con- graph (2). tion referred to as the ‘‘Secretary’’) shall tributions of goods or services from the (4) COST-SHARING REQUIREMENT.— transfer ownership of the American River Weber Basin Water Conservancy District. (A) IN GENERAL.—The non-Federal share of Pump Station Project located at Auburn, Such goods and services accepted under this the total cost of any activity carried out California, which includes the Pumping subsection shall be counted as part of the using a grant provided under paragraph (1) Plant, associated facilities, and easements non-Federal cost share for the study. shall be 50 percent. necessary for permanent operation of the fa- (d) AUTHORIZATION OF APPROPRIATIONS.— (B) FORM OF NON-FEDERAL SHARE.—The cilities, to the Placer County Water Agency, There is authorized to be appropriated to the non-Federal share under subparagraph (A) in accordance with the terms of Contract No. Secretary $1,000,000 for the Federal cost may be in the form of any in-kind services 02–LC–20–7790 between the United States and share of the study authorized in subsection that the Secretary determines would con- Placer County Water Agency and the terms (b). tribute substantially toward the conduct and and conditions established in this section. (e) SUNSET.—The authority of the Sec- completion of the activity assisted. (b) FEDERAL COSTS NONREIMBURSABLE.— (5) NONREIMBURSABLE BASIS.—Any assist- Federal costs associated with construction of retary to carry out any provisions of this ance or grants provided to the State under the American River Pump Station Project section shall terminate 10 years after the this section shall be made on a non-reim- located at Auburn, California, are non- date of enactment of this Act. bursable basis. reimbursable. SEC. 505. NEW MEXICO WATER PLANNING ASSIST- (6) AUTHORIZED TRANSFERS.—On request of (c) GRANT OF REAL PROPERTY INTEREST.— ANCE. The Secretary is authorized to grant title to (a) DEFINITIONS.—In this section: the State, the Secretary shall directly trans- Placer County Water Agency as provided in (1) SECRETARY.—The term ‘‘Secretary’’ fer to 1 or more Federal agencies any subsection (a) in full satisfaction of the means the Secretary of the Interior, acting amounts made available to the State to United States’ obligations under Land Pur- through the Bureau of Reclamation and the carry out this section. (c) AUTHORIZATION OF APPROPRIATIONS.— chase Contract 14–06–859–308 to provide a United States Geological Survey. There is authorized to be appropriated to water supply to the Placer County Water (2) STATE.—The term ‘‘State’’ means the State of New Mexico. carry out this section $3,000,000 for each of Agency. fiscal years 2008 through 2012. (d) COMPLIANCE WITH ENVIRONMENTAL (b) COMPREHENSIVE WATER PLAN ASSIST- (d) SUNSET OF AUTHORITY.—The authority ANCE.— LAWS.— of the Secretary to carry out any provisions (1) IN GENERAL.—Before conveying land and (1) IN GENERAL.—Upon the request of the of this section shall terminate 10 years after facilities pursuant to this section, the Sec- Governor of the State and subject to para- the date of enactment of this Act. graphs (2) through (6), the Secretary shall— retary shall comply with all applicable re- SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS quirements under— (A) provide to the State technical assist- AND LANDS OF THE YAKIMA (A) the National Environmental Policy Act ance and grants for the development of com- PROJECT, WASHINGTON. of 1969 (42 U.S.C. 4321 et seq.); prehensive State water plans; (a) CONVEYANCE REQUIRED.—The Secretary (B) the Endangered Species Act of 1973 (16 (B) conduct water resources mapping in of the Interior shall convey to the Yakima- U.S.C. 1531 et seq.); and the State; and Tieton Irrigation District, located in (C) any other law applicable to the land (C) conduct a comprehensive study of Yakima County, Washington, all right, title, and facilities. groundwater resources (including potable, and interest of the United States in and to (2) EFFECT.—Nothing in this section modi- brackish, and saline water resources) in the the buildings and lands of the Yakima fies or alters any obligations under— State to assess the quantity, quality, and Project, Washington, in accordance with the (A) the National Environmental Policy Act interaction of groundwater and surface terms and conditions set forth in the agree- of 1969 (42 U.S.C. 4321 et seq.); or water resources. ment titled ‘‘Agreement Between the United (B) the Endangered Species Act of 1973 (16 (2) TECHNICAL ASSISTANCE.—Technical as- States and the Yakima-Tieton Irrigation U.S.C. 1531 et seq.). sistance provided under paragraph (1) may District to Transfer Title to Certain Feder- (e) RELEASE FROM LIABILITY.—Effective on include— ally Owned Buildings and Lands, With Cer- the date of transfer to the Placer County (A) acquisition of hydrologic data, ground- tain Property Rights, Title, and Interest, to Water Agency of any land or facility under water characterization, database develop- the Yakima-Tieton Irrigation District’’ this section, the United States shall not be ment, and data distribution; (Contract No. 5–07–10–L1658).

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(b) LIABILITY.—Effective upon the date of source Conservation Act of 1996 (division B of (D) COMPLIANCE WITH STATE LAW.—The Sec- conveyance under this section, the United Public Law 104–208; 110 Stat. 3009–534) is retary, in carrying out this subsection, shall States shall not be held liable by any court amended— comply with applicable Oregon State water for damages of any kind arising out of any (1) in subsection (a)(1), by striking law. act, omission, or occurrence relating to the ‘‘Deschutes River Basin Working Group’’ and (E) PROHIBITION ON HOLDING TITLE.—The conveyed buildings and lands, except for inserting ‘‘Deschutes River Conservancy Federal Government shall not hold title to damages caused by acts of negligence com- Working Group’’; any facility rehabilitated or constructed mitted by the United States or by its em- (2) by amending the text of subsection under this subsection. ployees or agents before the date of convey- (a)(1)(B) to read as follows: ‘‘4 representa- (F) PROHIBITION ON OPERATION AND MAINTE- ance. Nothing in this section increases the tives of private interests including two from NANCE.—The Federal Government shall not liability of the United States beyond that irrigated agriculture who actively farm more be responsible for the operation and mainte- provided in chapter 171 of title 28, United than 100 acres of irrigated land and are not nance of any facility constructed or rehabili- States Code (popularly known as the Federal irrigation district managers and two from tated under this subsection. Tort Claims Act), on the date of enactment the environmental community;’’; (3) RELATIONSHIP TO OTHER LAW.—Activi- of this Act. (3) in subsection (b)(3), by inserting before ties funded under this subsection shall not be (c) BENEFITS.—After conveyance of the the final period the following: ‘‘, and up to a considered a supplemental or additional ben- buildings and lands to the Yakima-Tieton Ir- total amount of $2,000,000 during each of fis- efit under Federal reclamation law (the Act rigation District under this section— cal years 2007 through 2016’’; and of June 17, 1902 (32 Stat. 388, chapter 1093), (1) such buildings and lands shall not be (4) in subsection (h), by inserting before and Acts supplemental to and amendatory of considered to be a part of a Federal reclama- the period at the end the following: ‘‘, and that Act (43 U.S.C. 371 et seq.)). tion project; and $2,000,000 for each of fiscal years 2007 through (4) AUTHORIZATION OF APPROPRIATIONS.— (2) such irrigation district shall not be eli- 2016’’. There is authorized to be appropriated to the gible to receive any benefits with respect to (b) WALLOWA LAKE DAM REHABILITATION Secretary to pay the Federal share of the any buildings and lands conveyed, except ACT.— costs of activities authorized under this sub- benefits that would be available to a simi- (1) DEFINITIONS.—In this subsection: section $6,000,000. larly situated person with respect to such (A) ASSOCIATED DITCH COMPANIES, INCOR- (5) SUNSET.—The authority of the Sec- buildings and lands that are not part of a PORATED.—The term ‘‘Associated Ditch Com- retary to carry out any provisions of this Federal reclamation project. panies, Incorporated’’ means the nonprofit subsection shall terminate 10 years after the (d) REPORT.—If the Secretary of the Inte- corporation established under the laws of the date of the enactment of this subsection. rior has not completed the conveyance re- State of Oregon that operates Wallowa Lake (c) LITTLE BUTTE/BEAR CREEK SUBBASINS, quired under subsection (a) within 12 months Dam. OREGON, WATER RESOURCE STUDY.— after the date of enactment of this Act, the (B) SECRETARY.—The term ‘‘Secretary’’ (1) AUTHORIZATION.—The Secretary of the Secretary shall submit to Congress a report means the Secretary of the Interior, acting Interior, acting through the Bureau of Rec- that explains the reason such conveyance through the Commissioner of Reclamation. lamation, may participate in the Water for has not been completed and stating the date (C) WALLOWA LAKE DAM REHABILITATION Irrigation, Streams and the Economy by which the conveyance will be completed. PROGRAM.—The term ‘‘Wallowa Lake Dam Project water management feasibility study SEC. 507. CONJUNCTIVE USE OF SURFACE AND Rehabilitation Program’’ means the program and environmental impact statement in ac- GROUNDWATER IN JUAB COUNTY, for the rehabilitation of the Wallowa Lake cordance with the ‘‘Memorandum of Agree- UTAH. Dam in Oregon, as contained in the engineer- ment Between City of Medford and Bureau of Section 202(a)(2) of the Reclamation ing document titled, ‘‘Phase I Dam Assess- Reclamation for the Water for Irrigation, Projects Authorization and Adjustment Act ment and Preliminary Engineering Design’’, Streams, and the Economy Project’’, dated of 1992 (Public Law 102–575) is amended by in- dated December 2002, and on file with the Bu- July 2, 2004. serting ‘‘Juab,’’ after ‘‘Davis,’’. reau of Reclamation. (2) AUTHORIZATION OF APPROPRIATIONS.— SEC. 508. EARLY REPAYMENT OF A & B IRRIGA- (2) AUTHORIZATION TO PARTICIPATE IN PRO- (A) IN GENERAL.—There is authorized to be TION DISTRICT CONSTRUCTION GRAM.— appropriated to the Bureau of Reclamation COSTS. (A) GRANTS AND COOPERATIVE AGREE- $500,000 to carry out activities under this (a) IN GENERAL.—Notwithstanding section MENTS.—The Secretary may provide grants subsection. 213 of the Reclamation Reform Act of 1982 (43 to, or enter into cooperative or other agree- (B) NON-FEDERAL SHARE.— U.S.C. 390mm), any landowner within the A ments with, tribal, State, and local govern- (i) IN GENERAL.—The non-Federal share & B Irrigation District in the State (referred mental entities and the Associated Ditch shall be 50 percent of the total costs of the to in this section as the ‘‘District’’) may Companies, Incorporated, to plan, design, Bureau of Reclamation in carrying out para- repay, at any time, the construction costs of and construct facilities needed to implement graph (1). District project facilities that are allocated the Wallowa Lake Dam Rehabilitation Pro- (ii) FORM.—The non-Federal share required to land of the landowner within the District. gram. under clause (i) may be in the form of any in- (b) APPLICABILITY OF FULL-COST PRICING (B) CONDITIONS.—As a condition of pro- kind services that the Secretary of the Inte- LIMITATIONS.—On discharge, in full, of the viding funds under subparagraph (A), the rior determines would contribute substan- obligation for repayment of all construction Secretary shall ensure that— tially toward the conduct and completion of costs described in subsection (a) that are al- (i) the Wallowa Lake Dam Rehabilitation the study and environmental impact state- located to all land the landowner owns in the Program and activities under this section ment required under paragraph (1). District in question, the parcels of land shall meet the standards of the dam safety pro- (3) SUNSET.—The authority of the Sec- not be subject to the ownership and full-cost gram of the State of Oregon; retary to carry out any provisions of this pricing limitations under Federal reclama- (ii) the Associated Ditch Companies, Incor- subsection shall terminate 10 years after the tion law (the Act of June 17, 1902 (32 Stat. porated, agrees to assume liability for any date of the enactment of this section. 388, chapter 1093), and Acts supplemental to work performed, or supervised, with Federal (d) NORTH UNIT IRRIGATION DISTRICT.—The and amendatory of that Act (43 U.S.C. 371 et funds provided to it under this subsection; Act of August 10, 1954 (68 Stat. 679, chapter seq.), including the Reclamation Reform Act and 663), is amended— of 1982 (13 U.S.C. 390aa et seq.). (iii) the United States shall not be liable (1) in the first section— (c) CERTIFICATION.—On request of a land- for damages of any kind arising out of any (A) by inserting ‘‘(referred to in this Act as owner that has repaid, in full, the construc- act, omission, or occurrence relating to a fa- the ‘District’)’’ after ‘‘irrigation district’’; tion costs described in subsection (a), the cility rehabilitated or constructed with Fed- and Secretary of the Interior shall provide to the eral funds provided under this subsection, (B) by inserting ‘‘(referred to in this Act as landowner a certificate described in section both while and after activities are conducted the ‘Contract’)’’ after ‘‘1953’’; and 213(b)(1) of the Reclamation Reform Act of using Federal funds provided under this sub- (2) by adding at the end the following: 1982 (43 U.S.C. 390mm(b)(1)). section. ‘‘SEC. 3. ADDITIONAL TERMS. (d) EFFECT.—Nothing in this section— (C) COST SHARING.— ‘‘On approval of the District directors and (1) modifies any contractual rights under, (i) IN GENERAL.—The Federal share of the notwithstanding project authorizing legisla- or amends or reopens, the reclamation con- costs of activities authorized under this sub- tion to the contrary, the Contract is modi- tract between the District and the United section shall not exceed 50 percent. fied, without further action by the Secretary States; or (ii) EXCLUSIONS FROM FEDERAL SHARE.— of the Interior, to include the following (2) modifies any rights, obligations, or re- There shall not be credited against the Fed- modifications: lationships between the District and land- eral share of such costs— ‘‘(1) In Article 8(a) of the Contract, by de- owners in the District under Idaho State (I) any expenditure by the Bonneville leting ‘a maximum of 50,000’ and inserting law. Power Administration in the Wallowa River ‘approximately 59,000’ after ‘irrigation serv- SEC. 509. OREGON WATER RESOURCES. watershed; and ice to’. (a) EXTENSION OF PARTICIPATION OF BUREAU (II) expenditures made by individual agri- ‘‘(2) In Article 11(a) of the Contract, by de- OF RECLAMATION IN DESCHUTES RIVER CON- cultural producers in any Federal com- leting ‘The classified irrigable lands within SERVANCY.—Section 301 of the Oregon Re- modity or conservation program. the project comprise 49,817.75 irrigable acres,

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2907 of which 35,773.75 acres are in Class A and directors and the consent of the Commis- maintenance of the project described in sub- 14,044.40 in Class B. These lands and the sioner of Reclamation.’’. section (a). standards upon which the classification was SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— made are described in the document entitled STUDY. There is authorized to be appropriated to ‘‘Land Classification, North Unit, Deschutes (a) AUTHORIZATION OF STUDY.—Pursuant to carry out this section $12,000,000. Project, 1953’’ which is on file in the office of reclamation laws, the Secretary of the Inte- ‘‘(e) SUNSET OF AUTHORITY.—The authority the Regional Director, Bureau of Reclama- rior, acting through the Bureau of Reclama- of the Secretary to carry out any provisions tion, Boise, Idaho, and in the office of the tion and in consultation and cooperation of this section shall terminate 10 years after District’ and inserting ‘The classified irri- with the States of Nebraska, Kansas, and the date of enactment of this section.’’. (b) CONFORMING AMENDMENT.—The table of gable land within the project comprises Colorado, may conduct a study to— sections in section 2 of the Reclamation 58,902.8 irrigable acres, all of which are au- (1) determine the feasibility of imple- Projects Authorization and Adjustment Act thorized to receive irrigation water pursuant menting a water supply and conservation of 1992 (43 U.S.C. prec. 371) is amended by in- to water rights issued by the State of Oregon project that will— serting after the item relating to section 1638 and have in the past received water pursuant (A) improve water supply reliability in the the following: to such State water rights.’. Republican River Basin between Harlan ‘‘(3) In Article 11(c) of the Contract, by de- County Lake in Nebraska and Milford Lake ‘‘Sec. 1639. Eastern Municipal Water District leting ‘, with the approval of the Secretary,’ in Kansas, including areas in the counties of Recycled Water System Pres- after ‘District may’, by deleting ‘the 49,817.75 Harlan, Franklin, Webster, and Nuckolls in surization and Expansion acre maximum limit on the irrigable area is Nebraska and Jewel, Republic, Cloud, Wash- Project, California.’’. not exceeded’ and inserting ‘irrigation serv- ington, and Clay in Kansas (in this section SEC. 512. BAY AREA REGIONAL WATER RECY- ice is provided to no more than approxi- referred to as the ‘‘Republican River Basin’’); CLING PROGRAM. (a) PROJECT AUTHORIZATIONS.— mately 59,000 acres and no amendment to the (B) increase the capacity of water storage (1) IN GENERAL.—The Reclamation Waste- District boundary is required’ after ‘time so through modifications of existing projects or water and Groundwater Study and Facilities long as’. through new projects that serve areas in the Act (43 U.S.C. 390h et seq.) (as amended by ‘‘(4) In Article 11(d) of the Contract, by in- Republican River Basin; and section 512(a)) is amended by adding at the serting ‘, and may further be used for (C) improve water management efficiency end the following: instream purposes, including fish or wildlife in the Republican River Basin through con- purposes, to the extent that such use is re- servation and other available means and, ‘‘SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RE- quired by Oregon State law in order for the CLAIMED WATER PIPELINE where appropriate, evaluate integrated water PROJECT. District to engage in, or take advantage of, resource management and supply needs in ‘‘(a) AUTHORIZATION.—The Secretary, in co- conserved water projects as authorized by the Republican River Basin; and operation with the City of Palo Alto, Cali- Oregon State law’ after ‘herein provided’. (2) consider appropriate cost-sharing op- fornia, and the City of Mountain View, Cali- ‘‘(5) By adding at the end of Article 12(d) tions for implementation of the project. fornia, is authorized to participate in the de- the following: ‘(e) Notwithstanding the above (b) COST SHARING.—The Federal share of sign, planning, and construction of recycled subsections of this Article or Article 13 the cost of the study shall not exceed 50 per- water distribution systems. below, beginning with the irrigation season cent of the total cost of the study, and shall ‘‘(b) COST SHARE.—The Federal share of the immediately following the date of enactment be nonreimbursable. cost of the project authorized by this section of the National Forests, Parks, Public Land, (c) COOPERATIVE AGREEMENTS.—The Sec- shall not exceed 25 percent of the total cost and Reclamation Projects Authorization Act retary shall undertake the study through co- of the project. of 2007, the annual installment for each year, operative agreements with the State of Kan- ‘‘(c) LIMITATION.—The Secretary shall not for the District, under the Contract, on ac- sas or Nebraska and other appropriate enti- provide funds for the operation and mainte- count of the District’s construction charge ties determined by the Secretary. nance of the project authorized by this sec- obligation, shall be a fixed and equal annual (d) COMPLETION AND REPORT.— tion. amount payable on June 30 the year fol- (1) IN GENERAL.—Except as provided in ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— lowing the year for which it is applicable, paragraph (2), not later than 3 years after There is authorized to be appropriated to such that the District’s total construction the date of the enactment of this Act, the carry out this section $5,000,000. charge obligation shall be completely paid Secretary of the Interior shall complete the ‘‘SEC. 1643. PITTSBURG RECYCLED WATER by June 30, 2044.’. study and transmit to the Congress a report PROJECT. ‘‘(6) In Article 14(a) of the Contract, by in- containing the results of the study. ‘‘(a) AUTHORIZATION.—The Secretary, in co- serting ‘and for instream purposes, including (2) EXTENSION.—If the Secretary deter- operation with the City of Pittsburg, Cali- fish or wildlife purposes, to the extent that mines that the study cannot be completed fornia, and the Delta Diablo Sanitation Dis- such use is required by Oregon State law in within the 3-year period beginning on the trict, is authorized to participate in the de- order for the District to engage in, or take date of the enactment of this Act, the Sec- sign, planning, and construction of recycled advantage of, conserved water projects as au- retary— water system facilities. thorized by Oregon State law,’ after ‘and in- (A) shall, at the time of that determina- ‘‘(b) COST SHARE.—The Federal share of the cidental stock and domestic uses’, by insert- tion, report to the Congress on the status of cost of the project authorized by this section ing ‘and for instream purposes as described the study, including an estimate of the date shall not exceed 25 percent of the total cost above,’ after ‘irrigation, stock and domestic of completion; and of the project. uses’, and by inserting ‘, including natural (B) complete the study and transmit to the ‘‘(c) LIMITATION.—The Secretary shall not flow rights out of the Crooked River held by Congress a report containing the results of provide funds for the operation and mainte- the District’ after ‘irrigation system’. the study by not later than that date. nance of the project authorized by this sec- ‘‘(7) In Article 29(a) of the Contract, by in- (e) SUNSET OF AUTHORITY.—The authority tion. serting ‘and for instream purposes, including of the Secretary to carry out any provisions ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fish or wildlife purposes, to the extent that of this section shall terminate 10 years after There is authorized to be appropriated to such use is required by Oregon State law in the date of the enactment of this Act. carry out this section $1,750,000. ‘‘SEC. 1644. ANTIOCH RECYCLED WATER order for the District to engage in, or take SEC. 511. EASTERN MUNICIPAL WATER DISTRICT. advantage of, conserved water projects as au- PROJECT. (a) IN GENERAL.—The Reclamation Waste- ‘‘(a) AUTHORIZATION.—The Secretary, in co- thorized by Oregon State law’ after ‘provided water and Groundwater Study and Facilities in article 11’. operation with the City of Antioch, Cali- Act (43 U.S.C. 390h et seq.) is amended by fornia, and the Delta Diablo Sanitation Dis- ‘‘(8) In Article 34 of the Contract, by delet- adding at the end the following: ing ‘The District, after the election and upon trict, is authorized to participate in the de- the execution of this contract, shall prompt- ‘‘SEC. 1639. EASTERN MUNICIPAL WATER DIS- sign, planning, and construction of recycled TRICT RECYCLED WATER SYSTEM ly secure final decree of the proper State water system facilities. PRESSURIZATION AND EXPANSION ‘‘(b) COST SHARE.—The Federal share of the court approving and confirming this con- PROJECT, CALIFORNIA. cost of the project authorized by this section tract and decreeing and adjudging it to be a ‘‘(a) AUTHORIZATION.—The Secretary, in co- shall not exceed 25 percent of the total cost lawful, valid, and binding general obligation operation with the Eastern Municipal Water of the project. of the District. The District shall furnish to District, California, may participate in the ‘‘(c) LIMITATION.—The Secretary shall not the United States certified copies of such de- design, planning, and construction of perma- provide funds for the operation and mainte- crees and of all pertinent supporting nent facilities needed to establish oper- nance of the project authorized by this sec- records.’ after ‘for that purpose.’. ational pressure zones that will be used to tion. ‘‘SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. provide recycled water in the district. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘The Secretary of the Interior (acting ‘‘(b) COST SHARING.—The Federal share of There is authorized to be appropriated to through the Commissioner of Reclamation) the cost of the project described in sub- carry out this section $2,250,000. may in the future renegotiate with the Dis- section (a) shall not exceed 25 percent of the ‘‘SEC. 1645. NORTH COAST COUNTY WATER DIS- trict such terms of the Contract as the Dis- total cost of the project. TRICT RECYCLED WATER PROJECT. trict directors determine to be necessary, ‘‘(c) LIMITATION.—Funds provided by the ‘‘(a) AUTHORIZATION.—The Secretary, in co- only upon the written request of the District Secretary shall not be used for operation or operation with the North Coast County

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South Bay Advanced Recycled (5) REPORT.—The Secretary shall report ‘‘(b) COST SHARE.—The Federal share of the Water Treatment Facility.’’. annually to the Natural Resources Com- cost of the project authorized by this section (b) SAN JOSE AREA WATER RECLAMATION mittee of the House of Representatives and shall not exceed 25 percent of the total cost AND REUSE PROJECT.—It is the intent of Con- the Energy and Natural Resources Com- of the project. gress that a comprehensive water recycling mittee of the Senate on site security actions ‘‘(c) LIMITATION.—The Secretary shall not program for the San Francisco Bay Area in- and activities undertaken pursuant to this provide funds for the operation and mainte- clude the San Jose Area water reclamation Act for each fiscal year. The report shall in- nance of the project authorized by this sec- and reuse program authorized by section 1607 clude a summary of Federal and non-Federal tion. of the Reclamation Projects Authorization expenditures for the fiscal year and informa- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and Adjustment Act of 1992 (43 U.S.C. 390h–5). tion relating to a 5-year planning horizon for There is authorized to be appropriated to SEC. 513. BUREAU OF RECLAMATION SITE SECU- the program, detailed to show pre-September carry out this section $2,500,000. RITY. 11, 2001, and post-September 11, 2001, costs for ‘‘SEC. 1646. REDWOOD CITY RECYCLED WATER (a) TREATMENT OF CAPITAL COSTS.—Costs the site security activities. PROJECT. incurred by the Secretary of the Interior for (d) PRE-SEPTEMBER 11, 2001 SECURITY COST ‘‘(a) AUTHORIZATION.—The Secretary, in co- the physical fortification of Bureau of Rec- LEVELS.—Reclamation project security costs operation with the City of Redwood City, lamation facilities to satisfy increased post- at the levels of activity that existed prior to California, is authorized to participate in the September 11, 2001, security needs, including September 11, 2001, shall remain reimburs- design, planning, and construction of recy- the construction, modification, upgrade, or able. cled water system facilities. replacement of such facility fortifications, SEC. 514. MORE WATER, MORE ENERGY, AND LESS WASTE. ‘‘(b) COST SHARE.—The Federal share of the shall be nonreimbursable. (b) TREATMENT OF SECURITY-RELATED OP- cost of the project authorized by this section (a) FINDINGS.—The Congress finds that— ERATION AND MAINTENANCE COSTS.— shall not exceed 25 percent of the total cost (1) development of energy resources, in- (1) REIMBURSABLE COSTS.—The Secretary of of the project. cluding oil, natural gas, coalbed methane, the Interior shall include no more than ‘‘(c) LIMITATION.—The Secretary shall not and geothermal resources, frequently results $18,900,000 per fiscal year, indexed each fiscal provide funds for the operation and mainte- in bringing to the surface water extracted year after fiscal year 2008 according to the nance of the project authorized by this sec- from underground sources; preceding year’s Consumer Price Index, of tion. (2) some of that produced water is used for those costs incurred for increased levels of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— irrigation or other purposes, but most of the guards and patrols, training, patrols by local There is authorized to be appropriated to water is returned to the subsurface or other- and tribal law enforcement entities, oper- carry out this section $1,100,000. wise disposed of as waste; ation, maintenance, and replacement of (3) reducing the quantity of produced water ‘‘SEC. 1647. SOUTH SANTA CLARA COUNTY RECY- guard and response force equipment, and op- CLED WATER PROJECT. returned to the subsurface and increasing eration and maintenance of facility fortifica- the quantity of produced water that is made ‘‘(a) AUTHORIZATION.—The Secretary, in co- tions at Bureau of Reclamation facilities available for irrigation and other uses— operation with the South County Regional after the events of September 11, 2001, as re- Wastewater Authority and the Santa Clara (A) would augment water supplies; imbursable operation and maintenance costs (B) could reduce the costs to energy devel- Valley Water District, is authorized to par- under Reclamation law. ticipate in the design, planning, and con- opers for disposing of the water; and (2) COSTS COLLECTED THROUGH WATER (C) in some cases, could increase the effi- struction of recycled water system distribu- RATES.—In the case of the Central Valley tion facilities. ciency of energy development activities; and Project of California, site security costs allo- (4) it is in the national interest— ‘‘(b) COST SHARE.—The Federal share of the cated to irrigation and municipal and indus- cost of the project authorized by this section (A) to limit the quantity of produced water trial water service in accordance with this disposed of as waste; shall not exceed 25 percent of the total cost section shall be collected by the Secretary of the project. (B) to optimize the production of energy exclusively through inclusion of these costs resources; and ‘‘(c) LIMITATION.—The Secretary shall not in the operation and maintenance water provide funds for the operation and mainte- (C) to remove or reduce obstacles to use of rates. produced water for irrigation or other pur- nance of the project authorized by this sec- (c) TRANSPARENCY AND REPORT TO CON- tion. poses in ways that will not adversely affect GRESS.— water quality or the environment. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (1) POLICIES AND PROCEDURES.—The Sec- (b) PURPOSES.—The purposes of this section There is authorized to be appropriated to retary is authorized to develop policies and are— carry out this section $7,000,000. procedures with project beneficiaries, con- (1) to optimize the production of energy re- ‘‘SEC. 1648. SOUTH BAY ADVANCED RECYCLED sistent with the requirements of paragraphs sources— WATER TREATMENT FACILITY. (2) and (3), to provide for the payment of the (A) by minimizing the quantity of pro- ‘‘(a) AUTHORIZATION.—The Secretary, in co- reimbursable costs described in subsection duced water; and operation with the City of San Jose, Cali- (b). (B) by facilitating the use of produced fornia, and the Santa Clara Valley Water (2) NOTICE.—On identifying a Bureau of water for irrigation and other purposes with- District, is authorized to participate in the Reclamation facility for a site security out adversely affecting water quality or the design, planning, and construction of recy- measure, the Secretary shall provide to the environment; and cled water treatment facilities. project beneficiaries written notice— (2) to demonstrate means of accomplishing ‘‘(b) COST SHARE.—The Federal share of the (A) describing the need for the site secu- those results. cost of the project authorized by this section rity measure and the process for identifying (c) DEFINITIONS.—In this section: shall not exceed 25 percent of the total cost and implementing the site security measure; (1) LOWER BASIN STATE.—The term ‘‘Lower of the project. and Basin State’’ means any of the States of— ‘‘(c) LIMITATION.—The Secretary shall not (B) summarizing the administrative and (A) Arizona; provide funds for the operation and mainte- legal requirements relating to the site secu- (B) California; and nance of the project authorized by this sec- rity measure. (C) Nevada. tion. (3) CONSULTATION.—The Secretary shall— (2) PRODUCED WATER.—The term ‘‘produced ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (A) provide project beneficiaries an oppor- water’’ means water from an underground There is authorized to be appropriated to tunity to consult with the Bureau of Rec- source that is brought to the surface as part carry out this section $8,250,000.’’. lamation on the planning, design, and con- of the process of exploration for, or develop- (2) CONFORMING AMENDMENTS.—The table of struction of the site security measure; and ment of— sections in section 2 of the Reclamation (B) in consultation with project bene- (A) oil; Projects Authorization and Adjustment Act ficiaries, develop and provide timeframes for (B) natural gas; of 1992 (43 U.S.C. prec. 371) (as amended by the consultation described in subparagraph (C) coalbed methane; or section 512(b)) is amended by inserting after (A). (D) any other substance to be used as an the item relating to section 1641 the fol- (4) RESPONSE; NOTICE.—Before incurring energy source. lowing: costs pursuant to activities described in sub- (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘Sec. 1642. Mountain View, Moffett Area Re- section (b), the Secretary shall consider cost means the Secretary of the Interior. claimed Water Pipeline Project. containment measures recommended by a (4) UPPER BASIN STATE.—The term ‘‘Upper ‘‘Sec. 1643. Pittsburg Recycled Water project beneficiary that has elected to con- Basin State’’ means any of the States of— Project. sult with the Bureau of Reclamation on such (A) Colorado; ‘‘Sec. 1644. Antioch Recycled Water Project. activities. The Secretary shall provide to the (B) New Mexico; ‘‘Sec. 1645. North Coast County Water Dis- project beneficiary— (C) Utah; and trict Recycled Water Project. (A) a timely written response describing (D) Wyoming. ‘‘Sec. 1646. Redwood City Recycled Water proposed actions, if any, to address the rec- (d) IDENTIFICATION OF PROBLEMS AND SOLU- Project. ommendation; and TIONS.—

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(1) STUDY.—The Secretary shall conduct a (4) solicit comments and suggestions from (A) IN GENERAL.—The Secretary, in co- study to identify— the public. operation with the Governance Committee, (A) the technical, economic, environ- (g) RELATION TO OTHER LAWS.—Nothing in may— mental, and other obstacles to reducing the this section supersedes, modifies, abrogates, (i) participate in the Program; and quantity of produced water; or limits— (ii) carry out any projects and activities (B) the technical, economic, environ- (1) the effect of any State law or any inter- that are designated for implementation dur- mental, legal, and other obstacles to increas- state authority or compact relating to— ing the First Increment. ing the extent to which produced water can (A) any use of water; or (B) AUTHORITY OF SECRETARY.—For pur- be used for irrigation and other purposes (B) the regulation of water quantity or poses of carrying out this section, the Sec- without adversely affecting water quality, quality; or retary, in cooperation with the Governance public health, or the environment; (2) the applicability or effect of any Fed- Committee, may— (C) the legislative, administrative, and eral law (including regulations). (i) enter into agreements and contracts other actions that could reduce or eliminate (h) AUTHORIZATION OF APPROPRIATIONS.— with Federal and non-Federal entities; the obstacles identified in subparagraphs (A) There are authorized to be appropriated— (ii) acquire interests in land, water, and fa- and (B); and (1) $1,000,000 to carry out subsection (d); cilities from willing sellers without the use (D) the costs and benefits associated with and of eminent domain; reducing or eliminating the obstacles identi- (2) $7,500,000 to carry out subsection (e). (iii) subsequently transfer any interests ac- fied in subparagraphs (A) and (B). quired under clause (ii); and SEC. 515. PLATTE RIVER RECOVERY IMPLEMEN- (iv) accept or provide grants. (2) REPORT.—Not later than 1 year after TATION PROGRAM AND PATH- the date of enactment of this Act, the Sec- FINDER MODIFICATION PROJECT (3) COST-SHARING CONTRIBUTIONS.— retary shall submit to the Committee on AUTHORIZATION. (A) IN GENERAL.—As provided in the Agree- ment, the States shall contribute not less Natural Resources of the House of Rep- (a) PURPOSES.—The purposes of this section than 50 percent of the total contributions resentatives and the Committee on Energy are to authorize— necessary to carry out the Program. and Natural Resources of the Senate a report (1) the Secretary of the Interior, acting (B) NON-FEDERAL CONTRIBUTIONS.—The fol- describing the results of the study under through the Commissioner of Reclamation lowing contributions shall constitute the paragraph (1). and in partnership with the States, other States’ share of the Program: (e) IMPLEMENTATION.— Federal agencies, and other non-Federal en- (i) $30,000,000 in non-Federal funds, with (1) GRANTS.—Subject to the availability of tities, to continue the cooperative effort the balance of funds remaining to be contrib- appropriations, the Secretary shall provide among the Federal and non-Federal entities uted to be adjusted for inflation on October financial assistance for the development of through the implementation of the Platte 1 of the year after the date of enactment of facilities, technologies, and processes to River Recovery Implementation Program for this Act and each October 1 thereafter. demonstrate the feasibility, effectiveness, threatened and endangered species in the (ii) Credit for contributions of water or and safety of— Central and Lower Platte River Basin with- land for the purposes of implementing the (A) optimizing energy resource production out creating Federal water rights or requir- Program, as determined to be appropriate by by reducing the quantity of produced water ing the grant of water rights to Federal enti- the Secretary. generated; or ties; and (C) IN-KIND CONTRIBUTIONS.—The Secretary (B) increasing the extent to which pro- (2) the modification of the Pathfinder Dam or the States may elect to provide a portion duced water may be recovered and made and Reservoir, in accordance with the re- of the Federal share or non-Federal share, suitable for use for irrigation, municipal, or quirements described in subsection (c). respectively, in the form of in-kind goods or industrial uses, or other purposes without (b) PLATTE RIVER RECOVERY IMPLEMENTA- services, if the contribution of goods or serv- adversely affecting water quality or the en- TION PROGRAM.— ices is approved by the Governance Com- vironment. (1) DEFINITIONS.—In this subsection: mittee, as provided in Attachment 1 of the (2) LIMITATIONS.—Assistance under this (A) AGREEMENT.—The term ‘‘Agreement’’ Agreement. subsection— means the Platte River Recovery Implemen- (4) AUTHORITY TO MODIFY PROGRAM.—The (A) shall be provided for— tation Program Cooperative Agreement en- Program may be modified or amended before (i) at least 1 project in each of the Upper tered into by the Governors of the States and the completion of the First Increment if the Basin States; and the Secretary. Secretary and the States determine that the (ii) at least 1 project in at least 1 of the (B) FIRST INCREMENT.—The term ‘‘First In- modifications are consistent with the pur- Lower Basin States; crement’’ means the first 13 years of the Pro- poses of the Program. (B) shall not exceed $1,000,000 for any gram. (5) EFFECT.— project; (C) GOVERNANCE COMMITTEE.—The term (A) EFFECT ON RECLAMATION LAWS.—No ac- (C) shall be used to pay not more than 50 ‘‘Governance Committee’’ means the govern- tion carried out under this subsection shall, percent of the total cost of a project; ance committee established under the Agree- with respect to the acreage limitation provi- (D) shall not be used for the operation or ment and composed of members from the sions of the reclamation laws— maintenance of any facility; and States, the Federal Government, environ- (i) be considered in determining whether a (E) may be in addition to assistance pro- mental interests, and water users. district (as the term is defined in section 202 vided by the Federal Government pursuant (D) INTEREST IN LAND OR WATER.—The term of the Reclamation Reform Act of 1982 (43 to other provisions of law. ‘‘interest in land or water’’ includes a fee U.S.C. 390bb)) has discharged the obligation (f) CONSULTATION, ADVICE, AND COM- title, short- or long-term easement, lease, or of the district to repay the construction cost MENTS.—In carrying out this section, includ- other contractual arrangement that is deter- of project facilities used to make irrigation ing in preparing the report under subsection mined to be necessary by the Secretary to water available for delivery to land in the (d)(2) and establishing criteria to be used in implement the land and water components of district; connection with an award of financial assist- the Program. (ii) serve as the basis for reinstating acre- ance under subsection (e), the Secretary (E) PROGRAM.—The term ‘‘Program’’ means age limitation provisions in a district that shall— the Platte River Recovery Implementation has completed payment of the construction (1) consult with the Secretary of Energy, Program established under the Agreement. obligations of the district; or the Administrator of the Environmental (F) PROJECT OR ACTIVITY.—The term (iii) serve as the basis for increasing the Protection Agency, and appropriate Gov- ‘‘project or activity’’ means— construction repayment obligation of the ernors and local officials; (i) the planning, design, permitting or district, which would extend the period dur- (2)(A) review any relevant information de- other compliance activity, preconstruction ing which the acreage limitation provisions veloped in connection with research carried activity, construction, construction manage- would apply. out by others, including research carried out ment, operation, maintenance, and replace- (B) EFFECT ON WATER RIGHTS.—Nothing in pursuant to subtitle J of title IX of the En- ment of a facility; this section— ergy Policy Act of 2005 (42 U.S.C. 16371 et (ii) the acquisition of an interest in land or (i) creates Federal water rights; or seq.); and water; (ii) requires the grant of water rights to (B) to the extent the Secretary determines (iii) habitat restoration; Federal entities. to be advisable, include that information in (iv) research and monitoring; (6) AUTHORIZATION OF APPROPRIATIONS.— the report under subsection (d)(2); (v) program administration; and (A) IN GENERAL.—There is authorized to be (3) seek the advice of— (vi) any other activity that is determined appropriated to carry out projects and ac- (A) individuals with relevant professional to be necessary by the Secretary to carry tivities under this subsection $157,140,000, as or academic expertise; and out the Program. adjusted under subparagraph (C). (B) individuals or representatives of enti- (G) SECRETARY.—The term ‘‘Secretary’’ (B) NONREIMBURSABLE FEDERAL EXPENDI- ties with industrial experience, particularly means the Secretary of the Interior, acting TURES.—Any amounts expended under sub- experience relating to production of oil, nat- through the Commissioner of Reclamation. paragraph (A) shall be considered to be non- ural gas, coalbed methane, or other energy (H) STATES.—The term ‘‘States’’ means the reimbursable Federal expenditures. resources (including geothermal resources); States of Nebraska, Wyoming, and Colorado. (C) ADJUSTMENT.—The balance of funds re- and (2) IMPLEMENTATION OF PROGRAM.— maining to be appropriated shall be adjusted

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(c) AUTHORIZATION OF APPROPRIATIONS.— would serve, and of why the program would (D) AVAILABILITY OF FUNDS.—At the end of There is authorized to be appropriated to the be capable of transferring knowledge and in- each fiscal year, any unexpended funds for Secretary to conduct the study under sub- formation about advanced energy tech- projects and activities made available under section (a) $900,000. nologies that increase efficiency of energy subparagraph (A) shall be retained for use in TITLE VI—DEPARTMENT OF ENERGY use; future fiscal years to implement projects and AUTHORIZATIONS ‘‘(2) a description of the activities the ap- activities under the Program. SEC. 601. ENERGY TECHNOLOGY TRANSFER. plicant would carry out, of the technologies (7) TERMINATION OF AUTHORITY.—The au- Section 917 of the Energy Policy Act of that would be transferred, and of any other thority for the Secretary to implement the 2005 (42 U.S.C. 16197) is amended to read as organizations that will help facilitate a re- First Increment shall terminate on Sep- follows: gional approach to carrying out those activi- tember 30, 2020. ties; ‘‘SEC. 917. ADVANCED ENERGY TECHNOLOGY (c) PATHFINDER MODIFICATION PROJECT.— TRANSFER CENTERS. ‘‘(3) a description of how the proposed ac- tivities would be appropriate to the specific (1) AUTHORIZATION OF PROJECT.— ‘‘(a) GRANTS.—Not later than 18 months (A) IN GENERAL.—The Secretary of the In- after the date of enactment of the National energy needs of the geographic region to be terior, acting through the Commissioner of Forests, Parks, Public Land, and Reclama- served; Reclamation (referred to in this subsection tion Projects Authorization Act of 2008, the ‘‘(4) an estimate of the number and types as the ‘‘Secretary’’), may— Secretary shall make grants to nonprofit in- of energy end-users expected to be reached (i) modify the Pathfinder Dam and Res- stitutions, State and local governments, co- through such activities; and ervoir; and operative extension services, or institutions ‘‘(5) a description of how the applicant will (ii) enter into 1 or more agreements with of higher education (or consortia thereof), to assess the success of the program. the State of Wyoming to implement the establish a geographically dispersed network ‘‘(d) SELECTION CRITERIA.—The Secretary Pathfinder Modification Project (referred to of Advanced Energy Technology Transfer shall award grants under this section on the in this subsection as the ‘‘Project’’), as de- Centers, to be located in areas the Secretary basis of the following criteria, at a min- scribed in Appendix F to the Final Settle- determines have the greatest need of the imum: ment Stipulation in Nebraska v. Wyoming, services of such Centers. In making awards ‘‘(1) The ability of the applicant to carry 534 U.S. 40 (2001). under this section, the Secretary shall— out the proposed activities. (B) FEDERAL APPROPRIATIONS.—No Federal ‘‘(1) give priority to applicants already op- ‘‘(2) The extent to which the applicant will appropriations are required to modify the erating or partnered with an outreach pro- coordinate the activities of the Center with Pathfinder Dam under this paragraph. gram capable of transferring knowledge and other entities as appropriate, such as State (2) AUTHORIZED USES OF PATHFINDER RES- information about advanced energy effi- and local governments, utilities, institutions ERVOIR.—Provided that all of the conditions ciency methods and technologies; of higher education, and National Labora- described in paragraph (3) are first met, the ‘‘(2) ensure that, to the extent practicable, tories. approximately 54,000 acre-feet capacity of the program enables the transfer of knowl- ‘‘(3) The appropriateness of the applicant’s Pathfinder Reservoir, which has been lost to edge and information— outreach program for carrying out the pro- sediment but will be recaptured by the ‘‘(A) about a variety of technologies; and gram described in this section. Project, may be used for municipal, environ- ‘‘(B) in a variety of geographic areas; ‘‘(4) The likelihood that proposed activities mental, and other purposes, as described in ‘‘(3) give preference to applicants that could be expanded or used as a model for Appendix F to the Final Settlement Stipula- would significantly expand on or fill a gap in other areas. tion in Nebraska v. Wyoming, 534 U.S. 40 existing programs in a geographical region; ‘‘(e) COST-SHARING.—In carrying out this (2001). and section, the Secretary shall require cost- (3) CONDITIONS PRECEDENT.—The actions ‘‘(4) consider the special needs and oppor- sharing in accordance with the requirements and water uses authorized in paragraphs tunities for increased energy efficiency for of section 988 for commercial application ac- (1)(A)(i) and (2) shall not occur until each of manufactured and site-built housing, includ- tivities. the following actions have been completed: ing construction, renovation, and retrofit. ‘‘(f) DURATION.— (A) Final approval from the Wyoming leg- ‘‘(b) ACTIVITIES.—Each Center shall oper- ‘‘(1) INITIAL GRANT PERIOD.—A grant award- islature for the export of Project water to ate a program to encourage demonstration ed under this section shall be for a period of the State of Nebraska under the laws (in- and commercial application of advanced en- 5 years. cluding regulations) of the State of Wyo- ergy methods and technologies through edu- ‘‘(2) INITIAL EVALUATION.—Each grantee ming. cation and outreach to building and indus- under this section shall be evaluated during (B) Final approval in a change of water use trial professionals, and to other individuals its third year of operation under procedures proceeding under the laws (including regula- and organizations with an interest in effi- established by the Secretary to determine if tions) of the State of Wyoming for all new cient energy use. Funds awarded under this the grantee is accomplishing the purposes of uses planned for Project water. Final ap- section may be used for the following activi- this section described in subsection (a). The proval, as used in this subparagraph, in- ties: Secretary shall terminate any grant that cludes exhaustion of any available review ‘‘(1) Developing and distributing informa- does not receive a positive evaluation. If an under State law of any administrative action tional materials on technologies that could evaluation is positive, the Secretary may ex- authorizing the change of the Pathfinder use energy more efficiently. tend the grant for 3 additional years beyond Reservoir water right. ‘‘(2) Carrying out demonstrations of ad- the original term of the grant. SEC. 516. CENTRAL OKLAHOMA MASTER CON- vanced energy methods and technologies. ‘‘(3) ADDITIONAL EXTENSION.—If a grantee SERVATORY DISTRICT FEASIBILITY ‘‘(3) Developing and conducting seminars, receives an extension under paragraph (2), STUDY. workshops, long-distance learning sessions, the grantee shall be evaluated again during (a) STUDY.— and other activities to aid in the dissemina- the second year of the extension. The Sec- (1) IN GENERAL.—Not later than 3 years tion of knowledge and information on tech- retary shall terminate any grant that does after the date of enactment of this Act, the nologies that could use energy more effi- not receive a positive evaluation. If an eval- Secretary of the Interior, acting through the ciently. uation is positive, the Secretary may extend Commissioner of Reclamation (referred to in ‘‘(4) Providing or coordinating onsite en- the grant for a final additional period of 3 this section as the ‘‘Secretary’’), shall— ergy evaluations, including instruction on additional years beyond the original exten- (A) conduct a feasibility study of alter- the commissioning of building heating and sion. natives to augment the water supplies of— cooling systems, for a wide range of energy ‘‘(4) LIMITATION.—No grantee may receive (i) the Central Oklahoma Master Conserv- end-users. more than 11 years of support under this sec- atory District (referred to in this section as ‘‘(5) Examining the energy efficiency needs tion without reapplying for support and com- the ‘‘District)’’; and of energy end-users to develop recommended peting against all other applicants seeking a (ii) cities served by the District; research projects for the Department. grant at that time. (2) INCLUSIONS.—The study under para- ‘‘(6) Hiring experts in energy efficient tech- ‘‘(g) PROHIBITION.—None of the funds graph (1) shall include recommendations of nologies to carry out activities described in awarded under this section may be used for the Secretary, if any, relating to the alter- paragraphs (1) through (5). the construction of facilities. natives studied. ‘‘(c) APPLICATION.—A person seeking a ‘‘(h) DEFINITIONS.—For purposes of this sec- (b) COST-SHARING REQUIREMENT.— grant under this section shall submit to the tion: (1) IN GENERAL.—The Federal share of the Secretary an application in such form and ‘‘(1) ADVANCED ENERGY METHODS AND TECH- total costs of the study under subsection (a) containing such information as the Sec- NOLOGIES.—The term ‘advanced energy meth- shall not exceed 50 percent. retary may require. The Secretary may ods and technologies’ means all methods and (2) FORM OF NON-FEDERAL SHARE.—The non- award a grant under this section to an entity technologies that promote energy efficiency Federal share required under paragraph (1) already in existence if the entity is other- and conservation, including distributed gen- may be in the form of any in-kind services wise eligible under this section. The applica- eration technologies, and life-cycle analysis that the Secretary determines would con- tion shall include, at a minimum— of energy use.

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‘‘(2) CENTER.—The term ‘Center’ means an (A) the orderly phasing-out of the non- program effective date and ending on Decem- Advanced Energy Technology Transfer Cen- resident contract worker program of the ber 31, 2014, except as provided in subsections ter established pursuant to this section. Commonwealth; and (b) and (d), during which the Secretary of ‘‘(3) DISTRIBUTED GENERATION.—The term (B) the orderly phasing-in of Federal re- Homeland Security, in consultation with the ‘distributed generation’ means an electric sponsibilities over immigration in the Com- Secretary of State, the Attorney General, power generation technology, including pho- monwealth; and the Secretary of Labor, and the Secretary of tovoltaic, small wind, and micro-combined (2) to minimize, to the greatest extent the Interior, shall establish, administer, and heat and power, that serves electric con- practicable, potential adverse economic and enforce a transition program to regulate im- sumers at or near the site of production. fiscal effects of phasing-out the Common- migration to the Commonwealth, as provided ‘‘(4) COOPERATIVE EXTENSION.—The term wealth’s nonresident contract worker pro- in this section (hereafter referred to as the ‘Cooperative Extension’ means the extension gram and to maximize the Commonwealth’s ‘transition program’). services established at the land-grant col- potential for future economic and business ‘‘(3) DELAY OF COMMENCEMENT OF TRANSI- leges and universities under the Smith-Lever growth by— TION PERIOD.— Act of May 8, 1914. (A) encouraging diversification and growth ‘‘(A) IN GENERAL.—The Secretary of Home- ‘‘(5) LAND-GRANT COLLEGES AND UNIVER- of the economy of the Commonwealth in ac- land Security, in the Secretary’s sole discre- SITIES.—The term ‘land-grant colleges and cordance with fundamental values under- tion, in consultation with the Secretary of universities’ means— lying Federal immigration policy; the Interior, the Secretary of Labor, the Sec- ‘‘(A) 1862 Institutions (as defined in section (B) recognizing local self-government, as retary of State, the Attorney General, and 2 of the Agricultural Research, Extension, provided for in the Covenant To Establish a the Governor of the Commonwealth, may de- and Education Reform Act of 1998 (7 U.S.C. Commonwealth of the Northern Mariana Is- termine that the transition program effec- 7601)); lands in Political Union With the United tive date be delayed for a period not to ex- ‘‘(B) 1890 Institutions (as defined in section States of America through consultation with ceed more than 180 days after such date. 2 of that Act); and the Governor of the Commonwealth; ‘‘(B) CONGRESSIONAL NOTIFICATION.—The ‘‘(C) 1994 Institutions (as defined in section (C) assisting the Commonwealth in achiev- Secretary of Homeland Security shall notify 2 of that Act). ing a progressively higher standard of living the Congress of a determination under sub- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— for citizens of the Commonwealth through paragraph (A) not later than 30 days prior to In addition to amounts otherwise authorized the provision of technical and other assist- the transition program effective date. to be appropriated in section 911, there are ance; ‘‘(C) CONGRESSIONAL REVIEW.—A delay of authorized to be appropriated for the pro- (D) providing opportunities for individuals the transition program effective date shall gram under this section such sums as may be authorized to work in the United States, in- not take effect until 30 days after the date appropriated.’’. cluding citizens of the freely associated on which the notification under subpara- SEC. 602. AMENDMENTS TO THE STEEL AND ALU- states; and graph (B) is made. MINUM ENERGY CONSERVATION (E) providing a mechanism for the contin- ‘‘(4) REQUIREMENT FOR REGULATIONS.—The AND TECHNOLOGY COMPETITIVE- ued use of alien workers, to the extent those transition program shall be implemented NESS ACT OF 1988. workers continue to be necessary to supple- (a) AUTHORIZATION OF APPROPRIATIONS.— pursuant to regulations to be promulgated, ment the Commonwealth’s resident work- as appropriate, by the head of each agency or Section 9 of the Steel and Aluminum Energy force, and to protect those workers from the Conservation and Technology Competitive- department of the United States having re- potential for abuse and exploitation. sponsibilities under the transition program. ness Act of 1988 (15 U.S.C. 5108) is amended to (b) AVOIDING ADVERSE EFFECTS.—In rec- ‘‘(5) INTERAGENCY AGREEMENTS.—The Sec- read as follows: ognition of the Commonwealth’s unique eco- retary of Homeland Security, the Secretary ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. nomic circumstances, history, and geo- of State, the Secretary of Labor, and the ‘‘There are authorized to be appropriated graphical location, it is the intent of the Secretary of the Interior shall negotiate and to the Secretary to carry out this Act Congress that the Commonwealth be given implement agreements among their agencies $12,000,000 for each of the fiscal years 2008 as much flexibility as possible in maintain- to identify and assign their respective duties through 2012.’’. ing existing businesses and other revenue so as to ensure timely and proper implemen- (b) STEEL PROJECT PRIORITIES.—Section sources, and developing new economic oppor- 4(c)(1) of the Steel and Aluminum Energy tunities, consistent with the mandates of tation of the provisions of this section. The Conservation and Technology Competitive- this subtitle. This subtitle, and the amend- agreements should address, at a minimum, ness Act of 1988 (15 U.S.C. 5103(c)(1)) is ments made by this subtitle, should be im- procedures to ensure that Commonwealth amended— plemented wherever possible to expand tour- employers have access to adequate labor, and (1) in subparagraph (H), by striking ‘‘coat- ism and economic development in the Com- that tourists, students, retirees, and other ings for sheet steels’’ and inserting ‘‘sheet monwealth, including aiding prospective visitors have access to the Commonwealth and bar steels’’; and tourists in gaining access to the Common- without unnecessary delay or impediment. (2) by adding at the end the following new wealth’s memorials, beaches, parks, dive The agreements may also allocate funding subparagraph: sites, and other points of interest. between the respective agencies tasked with ‘‘(K) The development of technologies SEC. 702. IMMIGRATION REFORM FOR THE COM- various responsibilities under this section. which reduce greenhouse gas emissions.’’. MONWEALTH. ‘‘(6) CERTAIN EDUCATION FUNDING.—In addi- (c) CONFORMING AMENDMENTS.—The Steel (a) AMENDMENT TO JOINT RESOLUTION AP- tion to fees charged pursuant to section and Aluminum Energy Conservation and PROVING COVENANT ESTABLISHING COMMON- 286(m) of the Immigration and Nationality Technology Competitiveness Act of 1988 is WEALTH OF THE NORTHERN MARIANA IS- Act (8 U.S.C. 1356(m)) to recover the full further amended— LANDS.—The Joint Resolution entitled ‘‘A costs of providing adjudication services, the (1) by striking section 7 (15 U.S.C. 5106); Joint Resolution to approve the ‘Covenant Secretary of Homeland Security shall charge and To Establish a Commonwealth of the North- an annual supplemental fee of $150 per non- (2) in section 8 (15 U.S.C. 5107), by inserting ern Mariana Islands in Political Union with immigrant worker to each prospective em- the United States of America’, and for other ‘‘, beginning with fiscal year 2008,’’ after ployer who is issued a permit under sub- purposes’’, approved March 24, 1976 (Public ‘‘close of each fiscal year’’. section (d) of this section during the transi- Law 94–241; 90 Stat. 263), is amended by add- tion period. Such supplemental fee shall be TITLE VII—NORTHERN MARIANA ISLANDS ing at the end the following new section: paid into the Treasury of the Commonwealth Subtitle A—Immigration, Security, and Labor ‘‘SEC. 6. IMMIGRATION AND TRANSITION. government for the purpose of funding ongo- SEC. 701. STATEMENT OF CONGRESSIONAL IN- ‘‘(a) APPLICATION OF THE IMMIGRATION AND ing vocational educational curricula and TENT. NATIONALITY ACT AND ESTABLISHMENT OF A program development by Commonwealth (a) IMMIGRATION AND GROWTH.—In recogni- TRANSITION PROGRAM.— educational entities. tion of the need to ensure uniform adherence ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(7) ASYLUM.—Section 208 of the Immigra- to long-standing fundamental immigration and (3), effective on the first day of the first tion and Nationality Act (8 U.S.C. 1158) shall policies of the United States, it is the inten- full month commencing 1 year after the date not apply during the transition period to tion of the Congress in enacting this sub- of enactment of the Consolidated Natural persons physically present in the Common- title— Resources Act of 2008 (hereafter referred to wealth or arriving in the Commonwealth (1) to ensure that effective border control as the ‘transition program effective date’), (whether or not at a designated port of ar- procedures are implemented and observed, the provisions of the ‘immigration laws’ (as rival), including persons brought to the Com- and that national security and homeland se- defined in section 101(a)(17) of the Immigra- monwealth after having been interdicted in curity issues are properly addressed, by ex- tion and Nationality Act (8 U.S.C. international or United States waters. tending the immigration laws (as defined in 1101(a)(17))) shall apply to the Common- ‘‘(b) NUMERICAL LIMITATIONS FOR NON- section 101(a)(17) of the Immigration and Na- wealth of the Northern Mariana Islands (re- tionality Act (8 U.S.C. 1101 (a)(17)), to apply ferred to in this section as the ‘Common- IMMIGRANT WORKERS.—An alien, if otherwise to the Commonwealth of the Northern Mar- wealth’), except as otherwise provided in this qualified, may seek admission to Guam or to iana Islands (referred to in this subtitle as section. the Commonwealth during the transition the ‘‘Commonwealth’’), with special provi- ‘‘(2) TRANSITION PERIOD.—There shall be a program as a nonimmigrant worker under sions to allow for— transition period beginning on the transition section 101(a)(15)(H) of the Immigration and

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2912 CONGRESSIONAL RECORD — SENATE April 10, 2008 Nationality Act (8 U.S.C. 1101(a)(15)(H)) with- any reasonable method and criteria deter- States citizen residents, lawful permanent out counting against the numerical limita- mined by the Secretary of Homeland Secu- residents, and unemployed alien workers al- tions set forth in section 214(g) of such Act (8 rity to promote the maximum use of, and to ready within the Commonwealth, to assume U.S.C. 1184(g)). This subsection does not prevent adverse effects on wages and work- those jobs; apply to any employment to be performed ing conditions of, workers authorized to be ‘‘(vi) any available evidence tending to outside of Guam or the Commonwealth. Not employed in the United States, including show that United States citizen residents, later than 3 years following the transition lawfully admissible freely associated state lawful permanent residents, and unemployed program effective date, the Secretary of citizen labor. No alien shall be granted non- alien workers already in the Commonwealth Homeland Security shall issue a report to immigrant classification or a visa under this are not willing to accept jobs of the type of- the Committee on Energy and Natural Re- subsection unless the permit requirements fered; sources and the Committee on the Judiciary established under this paragraph have been ‘‘(vii) the extent to which admittance of of the Senate and the Committee on Natural met. alien workers will affect the compensation, Resources and the Committee on the Judici- ‘‘(3) The Secretary of Homeland Security benefits, and living standards of existing ary of the House of Representatives pro- shall set the conditions for admission of such workers within those industries and other jecting the number of asylum claims the an alien under the transition program, and industries authorized to employ alien work- Secretary anticipates following the termi- the Secretary of State shall authorize the ers; and nation of the transition period, the efforts issuance of nonimmigrant visas for such an ‘‘(viii) the prior use, if any, of alien work- the Secretary has made to ensure appro- alien. Such a visa shall not be valid for ad- ers to fill those industry jobs, and whether priate interdiction efforts, provide for appro- mission to the United States, as defined in the industry requires alien workers to fill priate treatment of asylum seekers, and pre- section 101(a)(38) of the Immigration and Na- those jobs. pare to accept and adjudicate asylum claims tionality Act (8 U.S.C. 1101(a)(38)), except ad- ‘‘(6) The Secretary of Homeland Security in the Commonwealth. mission to the Commonwealth. An alien ad- may authorize the admission of a spouse or ‘‘(c) NONIMMIGRANT INVESTOR VISAS.— mitted to the Commonwealth on the basis of minor child accompanying or following to ‘‘(1) IN GENERAL.—Notwithstanding the such a visa shall be permitted to engage in join a worker admitted pursuant to this sub- treaty requirements in section 101(a)(15)(E) employment only as authorized pursuant to section. of the Immigration and Nationality Act (8 the transition program. ‘‘(e) PERSONS LAWFULLY ADMITTED UNDER U.S.C. 1101(a)(15)(E)), during the transition ‘‘(4) Such an alien shall be permitted to THE COMMONWEALTH IMMIGRATION LAW.— period, the Secretary of Homeland Security transfer between employers in the Common- ‘‘(1) PROHIBITION ON REMOVAL.— may, upon the application of an alien, clas- wealth during the period of such alien’s au- ‘‘(A) IN GENERAL.—Subject to subparagraph sify an alien as a CNMI-only nonimmigrant thorized stay therein, without permission of (B), no alien who is lawfully present in the under section 101(a)(15)(E)(ii) of the Immi- the employee’s current or prior employer, Commonwealth pursuant to the immigration gration and Nationality Act (8 U.S.C. within the alien’s occupational category or laws of the Commonwealth on the transition 1101(a)(15)(E)(ii)) if the alien— another occupational category the Secretary program effective date shall be removed ‘‘(A) has been admitted to the Common- of Homeland Security has found requires from the United States on the grounds that wealth in long-term investor status under alien workers to supplement the resident such alien’s presence in the Commonwealth the immigration laws of the Commonwealth workforce. is in violation of section 212(a)(6)(A) of the before the transition program effective date; ‘‘(5)(A) Not later than 180 days prior to the Immigration and Nationality Act (8 U.S.C. ‘‘(B) has continuously maintained resi- expiration of the transition period, or any 1182(a)(6)(A)), until the earlier of the date— dence in the Commonwealth under long-term extension thereof, the Secretary of Labor, in ‘‘(i) of the completion of the period of the investor status; consultation with the Secretary of Homeland alien’s admission under the immigration ‘‘(C) is otherwise admissible; and Security, the Secretary of Defense, the Sec- laws of the Commonwealth; or ‘‘(D) maintains the investment or invest- retary of the Interior, and the Governor of ‘‘(ii) that is 2 years after the transition ments that formed the basis for such long- the Commonwealth, shall ascertain the cur- program effective date. term investor status. rent and anticipated labor needs of the Com- ‘‘(B) LIMITATIONS.—Nothing in this sub- ‘‘(2) REQUIREMENT FOR REGULATIONS.—Not monwealth and determine whether an exten- section shall be construed to prevent or limit later than 60 days before the transition pro- sion of up to 5 years of the provisions of this the removal under subparagraph 212(a)(6)(A) gram effective date, the Secretary of Home- subsection is necessary to ensure an ade- of the Immigration and Nationality Act (8 land Security shall publish regulations in quate number of workers will be available U.S.C. 1182(a)(6)(A)) of such an alien at any the Federal Register to implement this sub- for legitimate businesses in the Common- time, if the alien entered the Commonwealth section. wealth. For the purpose of this subpara- after the date of enactment of the Consoli- ‘‘(d) SPECIAL PROVISION TO ENSURE ADE- graph, a business shall not be considered le- dated Natural Resources Act of 2008, and the QUATE EMPLOYMENT; COMMONWEALTH ONLY gitimate if it engages directly or indirectly Secretary of Homeland Security has deter- TRANSITIONAL WORKERS.—An alien who is in prostitution, trafficking in minors, or any mined that the Government of the Common- seeking to enter the Commonwealth as a other activity that is illegal under Federal wealth has violated section 702(i) of the Con- nonimmigrant worker may be admitted to or local law. The determinations of whether solidated Natural Resources Act of 2008. perform work during the transition period a business is legitimate and to what extent, ‘‘(2) EMPLOYMENT AUTHORIZATION.—An subject to the following requirements: if any, it may require alien workers to sup- alien who is lawfully present and authorized ‘‘(1) Such an alien shall be treated as a plement the resident workforce, shall be to be employed in the Commonwealth pursu- nonimmigrant described in section 101(a)(15) made by the Secretary of Homeland Secu- ant to the immigration laws of the Common- of the Immigration and Nationality Act (8 rity, in the Secretary’s sole discretion. wealth on the transition program effective U.S.C. 1101(a)(15)), including the ability to ‘‘(B) If the Secretary of Labor determines date shall be considered authorized by the apply, if otherwise eligible, for a change of that such an extension is necessary to ensure Secretary of Homeland Security to be em- nonimmigrant classification under section an adequate number of workers for legiti- ployed in the Commonwealth until the ear- 248 of such Act (8 U.S.C. 1258) or adjustment mate businesses in the Commonwealth, the lier of the date— of status under this section and section 245 of Secretary of Labor may, through notice pub- ‘‘(A) of expiration of the alien’s employ- such Act (8 U.S.C. 1255). lished in the Federal Register, provide for an ment authorization under the immigration ‘‘(2) The Secretary of Homeland Security additional extension period of up to 5 years. laws of the Commonwealth; or shall establish, administer, and enforce a ‘‘(C) In making the determination of ‘‘(B) that is 2 years after the transition system for allocating and determining the whether alien workers are necessary to en- program effective date. number, terms, and conditions of permits to sure an adequate number of workers for le- ‘‘(3) REGISTRATION.—The Secretary of be issued to prospective employers for each gitimate businesses in the Commonwealth, Homeland Security may require any alien such nonimmigrant worker described in this and if so, the number of such workers that present in the Commonwealth on or after the subsection who would not otherwise be eligi- are necessary, the Secretary of Labor may transition period effective date to register ble for admission under the Immigration and consider, among other relevant factors— with the Secretary in such a manner, and ac- Nationality Act (8 U.S.C. 1101 et seq.). In ‘‘(i) government, industry, or independent cording to such schedule, as he may in his adopting and enforcing this system, the Sec- workforce studies reporting on the need, or discretion require. Paragraphs (1) and (2) of retary shall also consider, in good faith and lack thereof, for alien workers in the Com- this subsection shall not apply to any alien not later than 30 days after receipt by the monwealth’s businesses; who fails to comply with such registration Secretary, any comments and advice sub- ‘‘(ii) the unemployment rate of United requirement. Notwithstanding any other mitted by the Governor of the Common- States citizen workers residing in the Com- law, the Government of the Commonwealth wealth. This system shall provide for a re- monwealth; shall provide to the Secretary all Common- duction in the allocation of permits for such ‘‘(iii) the unemployment rate of aliens in wealth immigration records or other infor- workers on an annual basisto zero, during a the Commonwealth who have been lawfully mation that the Secretary deems necessary period not to extend beyond December 31, admitted for permanent residence; to assist the implementation of this para- 2014, unless extended pursuant to paragraph 5 ‘‘(iv) the number of unemployed alien graph or other provisions of the Consolidated of this subsection. In no event shall a permit workers in the Commonwealth; Natural Resources Act of 2008. Nothing in be valid beyond the expiration of the transi- ‘‘(v) any good faith efforts to locate, edu- this paragraph shall modify or limit section tion period. This system may be based on cate, train, or otherwise prepare United 262 of the Immigration and Nationality Act

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2913 (8 U.S.C. 1302) or other provision of the Im- Northern Mariana Islands, see subsection for nonimmigrant visitor visas, overstays, migration and Nationality Act relating to (l).’’; and exit systems, and information exchange. the registration of aliens. (3) by amending section 212(l) (8 U.S.C. ‘‘(5) SUSPENSION.—The Secretary of Home- ‘‘(4) REMOVABLE ALIENS.—Except as specifi- 1182(l)) to read as follows: land Security shall monitor the admission of cally provided in paragraph (1)(A) of this ‘‘(l) GUAM AND NORTHERN MARIANA ISLANDS nonimmigrant visitors to Guam and the subsection, nothing in this subsection shall VISA WAIVER PROGRAM.— Commonwealth of the Northern Mariana Is- prohibit or limit the removal of any alien ‘‘(1) IN GENERAL.—The requirement of sub- lands under this subsection. If the Secretary who is removable under the Immigration and section (a)(7)(B)(i) may be waived by the Sec- determines that such admissions have re- Nationality Act. retary of Homeland Security, in the case of sulted in an unacceptable number of visitors ‘‘(5) PRIOR ORDERS OF REMOVAL.—The Sec- an alien applying for admission as a non- from a country remaining unlawfully in retary of Homeland Security may execute immigrant visitor for business or pleasure Guam or the Commonwealth of the Northern any administratively final order of exclu- and solely for entry into and stay in Guam Mariana Islands, unlawfully obtaining entry sion, deportation or removal issued under or the Commonwealth of the Northern Mar- to other parts of the United States, or seek- authority of the immigration laws of the iana Islands for a period not to exceed 45 ing withholding of removal or asylum, or United States before, on, or after the transi- days, if the Secretary of Homeland Security, that visitors from a country pose a risk to tion period effective date, or under authority after consultation with the Secretary of the law enforcement or security interests of of the immigration laws of the Common- Interior, the Secretary of State, the Gov- Guam or the Commonwealth of the Northern wealth before the transition period effective ernor of Guam and the Governor of the Com- Mariana Islands or of the United States (in- date, upon any subject of such order found in monwealth of the Northern Mariana Islands, cluding the interest in the enforcement of the Commonwealth on or after the transition determines that— the immigration laws of the United States), period effective date, regardless whether the ‘‘(A) an adequate arrival and departure the Secretary shall suspend the admission of alien has previously been removed from the control system has been developed in Guam nationals of such country under this sub- United States or the Commonwealth pursu- and the Commonwealth of the Northern Mar- section. The Secretary of Homeland Security ant to such order. iana Islands; and may in the Secretary’s discretion suspend ‘‘(f) EFFECT ON OTHER LAWS.—The provi- ‘‘(B) such a waiver does not represent a the Guam and Northern Mariana Islands visa sions of this section and of the immigration threat to the welfare, safety, or security of waiver program at any time, on a country- laws, as defined in section 101(a)(17) of the the United States or its territories and com- by-country basis, for other good cause. Immigration and Nationality Act (8 U.S.C. monwealths. ‘‘(6) ADDITION OF COUNTRIES.—The Governor 1101(a)(17)), shall, on the transition program ‘‘(2) ALIEN WAIVER OF RIGHTS.—An alien of Guam and the Governor of the Common- effective date, supersede and replace all may not be provided a waiver under this sub- wealth of the Northern Mariana Islands may laws, provisions, or programs of the Com- section unless the alien has waived any request the Secretary of the Interior and the monwealth relating to the admission of right— Secretary of Homeland Security to add a aliens and the removal of aliens from the ‘‘(A) to review or appeal under this Act an particular country to the list of countries Commonwealth. immigration officer’s determination as to whose nationals may obtain the waiver pro- ‘‘(g) ACCRUAL OF TIME FOR PURPOSES OF the admissibility of the alien at the port of vided by this subsection, and the Secretary SECTION 212(A)(9)(B) OF THE IMMIGRATION AND entry into Guam or the Commonwealth of of Homeland Security may grant such re- NATIONALITY ACT.—No time that an alien is quest after consultation with the Secretary present in the Commonwealth in violation of the Northern Mariana Islands; or ‘‘(B) to contest, other than on the basis of of the Interior and the Secretary of State, the immigration laws of the Commonwealth and may promulgate regulations with re- shall be counted for purposes of inadmis- an application for withholding of removal under section 241(b)(3) of this Act or under spect to the inclusion of that country and sibility under section 212(a)(9)(B) of the Im- any special requirements the Secretary of migration and Nationality Act (8 U.S.C. the Convention Against Torture, or an appli- cation for asylum if permitted under section Homeland Security, in the Secretary’s sole 1182(a)(9)(B)). discretion, may impose prior to allowing na- ‘‘(h) REPORT ON NONRESIDENT 208, any action for removal of the alien. tionals of that country to obtain the waiver GUESTWORKER POPULATION.—The Secretary ‘‘(3) REGULATIONS.—All necessary regula- provided by this subsection.’’. of the Interior, in consultation with the Sec- tions to implement this subsection shall be (c) SPECIAL NONIMMIGRANT CATEGORIES FOR retary of Homeland Security, and the Gov- promulgated by the Secretary of Homeland GUAM AND THE COMMONWEALTH OF THE ernor of the Commonwealth, shall report to Security, in consultation with the Secretary of the Interior and the Secretary of State, on NORTHERN MARIANA ISLANDS.—The Governor the Congress not later than 2 years after the of Guam and the Governor of the Common- date of enactment of the Consolidated Nat- or before the 180th day after the date of en- actment of the Consolidated Natural Re- wealth of the Northern Mariana Islands (re- ural Resources Act of 2008. The report shall ferred to in this subsection as ‘‘CNMI’’) may include— sources Act of 2008. The promulgation of such regulations shall be considered a for- request that the Secretary of Homeland Se- ‘‘(1) the number of aliens residing in the curity study the feasibility of creating addi- eign affairs function for purposes of section Commonwealth; tional Guam or CNMI-only nonimmigrant 553(a) of title 5, United States Code. At a ‘‘(2) a description of the legal status (under visas to the extent that existing non- minimum, such regulations should include, Federal law) of such aliens; immigrant visa categories under the Immi- but not necessarily be limited to— ‘‘(3) the number of years each alien has gration and Nationality Act do not provide ‘‘(A) a listing of all countries whose na- been residing in the Commonwealth; for the type of visitor, the duration of allow- tionals may obtain the waiver also provided ‘‘(4) the current and future requirements of able visit, or other circumstance. The Sec- by this subsection, except that such regula- the Commonwealth economy for an alien retary of Homeland Security may review tions shall provide for a listing of any coun- workforce; and such a request, and, after consultation with try from which the Commonwealth has re- ‘‘(5) such recommendations to the Con- the Secretary of State and the Secretary of gress, as the Secretary may deem appro- ceived a significant economic benefit from the Interior, shall issue a report to the Com- priate, related to whether or not the Con- the number of visitors for pleasure within mittee on Energy and Natural Resources and gress should consider permitting lawfully ad- the one-year period preceding the date of en- the Committee on the Judiciary of the Sen- mitted guest workers lawfully residing in actment of the Consolidated Natural Re- ate and the Committee on Natural Resources the Commonwealth on such enactment date sources Act of 2008, unless the Secretary of and the Committee on the Judiciary of the to apply for long-term status under the im- Homeland Security determines that such House of Representatives with respect to the migration and nationality laws of the United country’s inclusion on such list would rep- feasibility of creating those additional Guam States.’’. resent a threat to the welfare, safety, or se- or CNMI-only visa categories. Consideration (b) WAIVER OF REQUIREMENTS FOR NON- curity of the United States or its territories; of such additional Guam or CNMI-only visa IMMIGRANT VISITORS.—The Immigration and and categories may include, but are not limited Nationality Act (8 U.S.C. 1101 et seq.) is ‘‘(B) any bonding requirements for nation- to, special nonimmigrant statuses for inves- amended— als of some or all of those countries who may tors, students, and retirees, but shall not in- (1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))— present an increased risk of overstays or clude nonimmigrant status for the purpose (A) by striking ‘‘Guam’’ each place such other potential problems, if different from of employment in Guam or the CNMI. term appears and inserting ‘‘Guam or the such requirements otherwise provided by law (d) INSPECTION OF PERSONS ARRIVING FROM Commonwealth of the Northern Mariana Is- for nonimmigrant visitors. THE COMMONWEALTH OF THE NORTHERN MAR- lands’’; and ‘‘(4) FACTORS.—In determining whether to IANA ISLANDS; GUAM AND NORTHERN MARIANA (B) by striking ‘‘fifteen’’ and inserting grant or continue providing the waiver under ISLANDS-ONLY VISAS NOT VALID FOR ENTRY ‘‘45’’; this subsection to nationals of any country, INTO OTHER PARTS OF THE UNITED STATES.— (2) in section 212(a)(7)(B) (8 U.S.C. the Secretary of Homeland Security, in con- Section 212(d)(7) of the Immigration and Na- 1182(a)(7)(B)), by amending clause (iii) to sultation with the Secretary of the Interior tionality Act (8 U.S.C. 1182(d)(7)) is amended read as follows: and the Secretary of State, shall consider all by inserting ‘‘the Commonwealth of the ‘‘(iii) GUAM AND NORTHERN MARIANA IS- factors that the Secretary deems relevant, Northern Mariana Islands,’’ after ‘‘Guam,’’. LANDS VISA WAIVER.—For provision author- including electronic travel authorizations, (e) TECHNICAL ASSISTANCE PROGRAM.— izing waiver of clause (i) in the case of visi- procedures for reporting lost and stolen pass- (1) IN GENERAL.—The Secretary of the Inte- tors to Guam or the Commonwealth of the ports, repatriation of aliens, rates of refusal rior, in consultation with the Governor of

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the Commonwealth, the Secretary of Labor, (1) AMENDMENTS.—Public Law 94–241 is to attract new investors after the date of en- and the Secretary of Commerce, and as pro- amended as follows: actment of this Act. vided in the Interagency Agreements re- (A) In section 503 of the covenant set forth (D) An assessment of the number of illegal quired to be negotiated under section 6(a)(4) in section 1, by striking subsection (a) and aliens in the Commonwealth, including any of the Joint Resolution entitled ‘‘A Joint redesignating subsections (b) and (c) as sub- Federal and Commonwealth efforts to locate Resolution to approve the ‘Covenant To Es- sections (a) and (b), respectively. and repatriate them. tablish a Commonwealth of the Northern (B) By striking section 506 of the covenant (4) REPORTS BY THE LOCAL GOVERNMENT.— Mariana Islands in Political Union with the set forth in section 1. The Governor of the Commonwealth may United States of America’, and for other pur- (C) In section 703(b) of the covenant set submit an annual report to the President on poses’’, approved March 24, 1976 (Public Law forth in section 1, by striking ‘‘quarantine, the implementation of this subtitle, and the 94–241), as added by subsection (a), shall pro- passport, immigration and naturalization’’ amendments made by this subtitle, with rec- vide— and inserting ‘‘quarantine and passport’’. ommendations for future changes. The Presi- (A) technical assistance and other support (2) EFFECTIVE DATE.—The amendments dent shall forward the Governor’s report to to the Commonwealth to identify opportuni- made by paragraph (1) shall take effect on the Congress with any Administration com- ties for, and encourage diversification and the transition program effective date de- ment after an appropriate period of time for growth of, the economy of the Common- scribed in section 6 of Public Law 94–241 (as internal review, provided that nothing in wealth; added by subsection (a)). this paragraph shall be construed to require (B) technical assistance, including assist- (h) REPORTS TO CONGRESS.— the President to provide any legislative rec- ance in recruiting, training, and hiring of (1) IN GENERAL.—Not later than March 1 of ommendation to the Congress. workers, to assist employers in the Common- the first year that is at least 2 full years (5) REPORT ON FEDERAL PERSONNEL AND RE- wealth in securing employees first from after the date of enactment of this subtitle, SOURCE REQUIREMENTS.—Not later than 180 among United States citizens and nationals and annually thereafter, the President shall days after the date of enactment of this Act, resident in the Commonwealth and if an ade- submit to the Committee on Energy and the Secretary of Homeland Security, after quate number of such workers are not avail- Natural Resources and the Committee on the consulting with the Secretary of the Interior able, from among legal permanent residents, Judiciary of the Senate and the Committee and other departments and agencies as may including lawfully admissible citizens of the on Natural Resources and the Committee on be deemed necessary, shall submit a report freely associated states; and to the Committee on Natural Resources, the (C) technical assistance, including assist- the Judiciary of the House of Representa- tives a report that evaluates the overall ef- Committee on Homeland Security, and the ance to identify types of jobs needed, iden- Committee on the Judiciary of the House of tify skills needed to fulfill such jobs, and as- fect of the transition program established under section 6 of the Joint Resolution enti- Representatives, and to the Committee on sistance to Commonwealth educational enti- Energy and Natural Resources, the Com- ties to develop curricula for such job skills tled ‘‘A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of mittee on Homeland Security and Govern- to include training teachers and students for mental Affairs, and the Committee on the such skills. the Northern Mariana Islands in Political Union with the United States of America’, Judiciary of the Senate, on the current and (2) CONSULTATION.—In providing such tech- planned levels of Transportation Security nical assistance under paragraph (1), the Sec- and for other purposes’’, approved March 24, Administration, United States Customs and retaries shall— 1976 (Public Law 94–241), as added by sub- Border Protection, United States Immigra- (A) consult with the Government of the section (a), and the Immigration and Nation- tion and Customs Enforcement, United Commonwealth, local businesses, regional ality Act (8 U.S.C. 1101 et seq.) on the Com- States Citizenship and Immigration Serv- banks, educational institutions, and other monwealth. ices, and United States Coast Guard per- experts in the economy of the Common- (2) CONTENTS.—In addition to other topics sonnel and resources necessary for fulfilling wealth; and otherwise required to be included under this mission requirements on Guam and the Com- (B) assist in the development and imple- subtitle or the amendments made by this monwealth in a manner comparable to the mentation of a process to identify opportuni- subtitle, each report submitted under para- level provided at other similar ports of entry ties for and encourage diversification and graph (1) shall include a description of the in the United States. In fulfilling this report- growth of the economy of the Common- efforts that have been undertaken during the ing requirement, the Secretary shall con- wealth and to identify and encourage oppor- period covered by the report to diversify and sider and anticipate the increased require- tunities to meet the labor needs of the Com- strengthen the local economy of the Com- ments due to the proposed realignment of monwealth. monwealth, including efforts to promote the military forces on Guam and in the Com- (3) COST-SHARING.—For the provision of Commonwealth as a tourist destination. The monwealth and growth in the tourism sec- technical assistance or support under this report by the President shall include an esti- tor. paragraph (other than that required to pay mate for the numbers of nonimmigrant the salaries and expenses of Federal per- workers described under section 101(a)(15)(H) (i) REQUIRED ACTIONS PRIOR TO TRANSITION sonnel), the Secretary of the Interior shall of the Immigration and Nationality Act (8 PROGRAM EFFECTIVE DATE.—During the pe- require a non-Federal matching contribution U.S.C. 1101(a)(15)(H)) necessary to avoid ad- riod beginning on the date of enactment of of 10 percent. verse economic effects in Guam and the this Act and ending on the transition pro- (f) OPERATIONS.— Commonwealth. gram effective date described in section 6 of (1) ESTABLISHMENT.—At any time on and (3) GAO REPORT.—The Government Ac- Public Law 94–241 (as added by subsection after the date of enactment of this Act, the countability Office shall submit a report to (a)), the Government of the Commonwealth Attorney General, Secretary of Homeland the Congress not later than 2 years after the shall— Security, and the Secretary of Labor may es- date of enactment of this Act, to include, at (1) not permit an increase in the total tablish and maintain offices and other oper- a minimum, the following items: number of alien workers who are present in ations in the Commonwealth for the purpose (A) An assessment of the implementation the Commonwealth as of the date of enact- of carrying out duties under— of this subtitle and the amendments made by ment of this Act; and (A) the Immigration and Nationality Act (8 this subtitle, including an assessment of the (2) administer its nonrefoulement protec- U.S.C. 1101 et seq.); and performance of Federal agencies and the tion program— (B) the transition program established Government of the Commonwealth in meet- (A) according to the terms and procedures under section 6 of the Joint Resolution enti- ing congressional intent. set forth in the Memorandum of Agreement tled ‘‘A Joint Resolution to approve the (B) An assessment of the short-term and entered into between the Commonwealth of ‘Covenant to Establish a Commonwealth of long-term impacts of implementation of this the Northern Mariana Islands and the United the Northern Mariana Islands in Political subtitle and the amendments made by this States Department of Interior, Office of In- Union with the United States of America’, subtitle on the economy of the Common- sular Affairs, executed on September 12, 2003 and for other purposes’’, approved March 24, wealth, including its ability to obtain work- (which terms and procedures, including but 1976 (Public Law 94–241), as added by sub- ers to supplement its resident workforce and not limited to funding by the Secretary of section (a). to maintain access to its tourists and cus- the Interior and performance by the Sec- (2) PERSONNEL.—To the maximum extent tomers, and any effect on compliance with retary of Homeland Security of the duties of practicable and consistent with the satisfac- United States treaty obligations mandating ‘‘Protection Consultant’’ to the Common- tory performance of assigned duties under non-refoulement for refugees. wealth, shall have effect on and after the applicable law, the Attorney General, Sec- (C) An assessment of the economic benefit date of enactment of this Act), as well as retary of Homeland Security, and the Sec- of the investors ‘‘grandfathered’’ under sub- CNMI Public Law 13–61 and the Immigration retary of Labor shall recruit and hire per- section (c) of section 6 of the Joint Resolu- Regulations Establishing a Procedural Mech- sonnel from among qualified United States tion entitled ‘‘A Joint Resolution to approve anism for Persons Requesting Protection citizens and national applicants residing in the ‘Covenant To Establish a Commonwealth from Refoulement; and the Commonwealth to serve as staff in car- of the Northern Mariana Islands in Political (B) so as not to remove or otherwise effect rying out operations described in paragraph Union with the United States of America’, the involuntary return of any alien whom (1). and for other purposes’’, approved March 24, the Protection Consultant has determined to (g) CONFORMING AMENDMENTS TO PUBLIC 1976 (Public Law 94–241), as added by sub- be eligible for protection from persecution or LAW 94–241.— section (a), and the Commonwealth’s ability torture.

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(j) CONFORMING AMENDMENTS TO THE IMMI- section 702(a)) residence or presence in the election of Delegate, the method by which a GRATION AND NATIONALITY ACT.—The Immi- United States, except that, for the purpose special election to fill a permanent vacancy gration and Nationality Act (8 U.S.C. 1101 et only of determining whether an alien law- in the office of Delegate shall be conducted, seq.) is amended— fully admitted for permanent residence (as the method by which ties between candidates (1) in section 101(a)(15)(D)(ii), by inserting defined in section 101(a)(20) of the Immigra- for the office of Delegate shall be resolved, ‘‘or the Commonwealth of the Northern Mar- tion and Nationality Act (8 U.S.C. and all other matters of local application iana Islands’’ after ‘‘Guam’’ each time such 1101(a)(20))) has abandoned or lost such sta- pertaining to the election and the office of term appears; tus by reason of absence from the United Delegate not otherwise expressly provided (2) in section 101(a)(36), by striking ‘‘and States, such alien’s presence in the Common- for in this subtitle. the Virgin Islands of the United States’’ and wealth before, on, or after the date of enact- SEC. 715. COMPENSATION, PRIVILEGES, AND IM- inserting ‘‘the Virgin Islands of the United ment of this Act shall be considered to be MUNITIES. States, and the Commonwealth of the North- presence in the United States. Until the Rules of the House of Represent- ern Mariana Islands’’; Subtitle B—Northern Mariana Islands atives are amended to provide otherwise, the (3) in section 101(a)(38), by striking ‘‘and Delegate Delegate from the Commonwealth of the the Virgin Islands of the United States’’ and Northern Mariana Islands shall receive the SEC. 711. DELEGATE TO HOUSE OF REPRESENTA- inserting ‘‘the Virgin Islands of the United TIVES FROM COMMONWEALTH OF same compensation, allowances, and benefits States, and the Commonwealth of the North- THE NORTHERN MARIANA ISLANDS. as a Member of the House of Representa- ern Mariana Islands’’; The Commonwealth of the Northern Mar- tives, and shall be entitled to whatever privi- (4) in section 208, by adding at the end the iana Islands shall be represented in the leges and immunities are, or hereinafter may following: United States Congress by the Resident Rep- be, granted to any other nonvoting Delegate ‘‘(e) COMMONWEALTH OF THE NORTHERN resentative to the United States authorized to the House of Representatives. MARIANA ISLANDS.—The provisions of this by section 901 of the Covenant To Establish SEC. 716. LACK OF EFFECT ON COVENANT. section and section 209(b) shall apply to per- a Commonwealth of the Northern Mariana No provision of this subtitle shall be con- sons physically present in the Common- Islands in Political Union With the United strued to alter, amend, or abrogate any pro- wealth of the Northern Mariana Islands or States of America (approved by Public Law vision of the covenant referred to in section arriving in the Commonwealth (whether or 94–241 (48 U.S.C. 1801 et seq.)). The Resident 711 except section 901 of the covenant. not at a designated port of arrival and in- Representative shall be a nonvoting Delegate SEC. 717. DEFINITION. cluding persons who are brought to the Com- to the House of Representatives, elected as For purposes of this subtitle, the term monwealth after having been interdicted in provided in this subtitle. ‘‘Delegate’’ means the Resident Representa- international or United States waters) only SEC. 712. ELECTION OF DELEGATE. tive referred to in section 711. on or after January 1, 2014.’’; and (a) ELECTORS AND TIME OF ELECTION.—The SEC. 718. CONFORMING AMENDMENTS REGARD- (5) in section 235(b)(1), by adding at the end Delegate shall be elected— ING APPOINTMENTS TO MILITARY the following: (1) by the people qualified to vote for the SERVICE ACADEMIES BY DELEGATE ‘‘(G) COMMONWEALTH OF THE NORTHERN popularly elected officials of the Common- FROM THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. MARIANA ISLANDS.—Nothing in this sub- wealth of the Northern Mariana Islands; and (a) UNITED STATES MILITARY ACADEMY.— section shall be construed to authorize or re- (2) at the Federal general election of 2008 Section 4342(a)(10) of title 10, United States quire any person described in section 208(e) and at such Federal general election every 2d Code, is amended by striking ‘‘resident rep- to be permitted to apply for asylum under year thereafter. resentative’’ and inserting ‘‘Delegate in Con- section 208 at any time before January 1, (b) MANNER OF ELECTION.— gress’’. 2014.’’. (1) IN GENERAL.—The Delegate shall be (b) UNITED STATES NAVAL ACADEMY.—Sec- (k) AVAILABILITY OF OTHER NONIMMIGRANT elected at large and by a plurality of the tion 6954(a)(10) of such title is amended by PROFESSIONALS.—The requirements of sec- votes cast for the office of Delegate. tion 212(m)(6)(B) of the Immigration and Na- striking ‘‘resident representative’’ and in- (2) EFFECT OF ESTABLISHMENT OF PRIMARY tionality Act (8 U.S.C. 1182(m)(6)(B)) shall serting ‘‘Delegate in Congress’’. ELECTIONS.—Notwithstanding paragraph (1), (c) ACADEMY.— not apply to a facility in Guam, the Com- if the Government of the Commonwealth of Section 9342(a)(10) of such title is amended monwealth of the Northern Mariana Islands, the Northern Mariana Islands, acting pursu- by striking ‘‘resident representative’’ and in- or the Virgin Islands. ant to legislation enacted in accordance with serting ‘‘Delegate in Congress’’. SEC. 703. FURTHER AMENDMENTS TO PUBLIC the Constitution of the Commonwealth of LAW 94–241. the Northern Mariana Islands, provides for TITLE VIII—COMPACTS OF FREE Public Law 94–241, as amended, is further primary elections for the election of the Del- ASSOCIATION AMENDMENTS amended in section 4(c)(3) by striking the egate, the Delegate shall be elected by a ma- SEC. 801. APPROVAL OF AGREEMENTS. colon after ‘‘’’ and inserting jority of the votes cast in any general elec- (a) IN GENERAL.—Section 101 of the Com- the following: ‘‘, except that $200,000 in fiscal tion for the office of Delegate for which such pact of Free Association Amendments Act of year 2009 and $225,000 annually for fiscal primary elections were held. 2003 (48 U.S.C. 1921) is amended— years 2010 through 2018 are hereby rescinded; (c) VACANCY.—In case of a permanent va- (1) in the first sentence of subsection (a), Provided, That the amount rescinded shall cancy in the office of Delegate, the office of by inserting before the period at the end the be increased by the same percentage as that Delegate shall remain vacant until a suc- following: ‘‘, including Article X of the Fed- of the annual salary and benefit adjustments cessor is elected and qualified. eral Programs and Services Agreement Be- for Members of Congress’’. (d) COMMENCEMENT OF TERM.—The term of tween the Government of the United States SEC. 704. AUTHORIZATION OF APPROPRIATIONS. the Delegate shall commence on the 3d day and the Government of the Federated States There are authorized to be appropriated of January following the date of the election. of Micronesia, as amended under the Agree- such sums as may be necessary to carry out SEC. 713. QUALIFICATIONS FOR OFFICE OF DELE- ment to Amend Article X that was signed by this subtitle. GATE. those two Governments on June 30, 2004, SEC. 705. EFFECTIVE DATE. To be eligible for the office of Delegate a which shall serve as the authority to imple- (a) IN GENERAL.—Except as specifically candidate shall— ment the provisions thereof’’; and provided in this section or otherwise in this (1) be at least 25 years of age on the date (2) in the first sentence of subsection (b), subtitle, this subtitle and the amendments of the election; by inserting before the period at the end the made by this subtitle shall take effect on the (2) have been a citizen of the United States following: ‘‘, including Article X of the Fed- date of enactment of this Act. for at least 7 years prior to the date of the eral Programs and Services Agreement Be- (b) AMENDMENTS TO THE IMMIGRATION AND election; tween the Government of the United States NATIONALITY ACT.—The amendments to the (3) be a resident and domiciliary of the and the Government of the Republic of the Immigration and Nationality Act made by Commonwealth of the Northern Mariana Is- Marshall Islands, as amended under the this subtitle, and other provisions of this lands for at least 7 years prior to the date of Agreement to Amend Article X that was subtitle applying the immigration laws (as the election; signed by those two Governments on June 18, defined in section 101(a)(17) of Immigration (4) be qualified to vote in the Common- 2004, which shall serve as the authority to and Nationality Act (8 U.S.C. 1101(a)(17))) to wealth of the Northern Mariana Islands on implement the provisions thereof’’. the Commonwealth, shall take effect on the the date of the election; and (b) EFFECTIVE DATE.—The amendments transition program effective date described (5) not be, on the date of the election, a made by this section shall be effective as of in section 6 of Public Law 94–241 (as added by candidate for any other office. the date that is 180 days after the date of en- section 702(a)), unless specifically provided SEC. 714. DETERMINATION OF ELECTION PROCE- actment of this Act. otherwise in this subtitle. DURE. SEC. 802. FUNDS TO FACILITATE FEDERAL AC- (c) CONSTRUCTION.—Nothing in this subtitle Acting pursuant to legislation enacted in TIVITIES. or the amendments made by this subtitle accordance with the Constitution of the Unobligated amounts appropriated before shall be construed to make any residence or Commonwealth of the Northern Mariana Is- the date of enactment of this Act pursuant presence in the Commonwealth before the lands, the Government of the Commonwealth to section 105(f)(1)(A)(ii) of the Compact of transition program effective date described of the Northern Mariana Islands may deter- Free Association Amendments Act of 2003 in section 6 of Public Law 94–241 (as added by mine the order of names on the ballot for shall be available to both the United States

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CONFORMING AMENDMENT. comma after ‘‘may’’; and and inserting ‘‘section 1303(b)(6)(C) of that (a) IN GENERAL.—Section 105(f)(1)(A) of the (iii) in paragraph (10), by striking ‘‘related Act’’; Compact of Free Association Amendments to service’’ and inserting ‘‘related to such (L) in the third sentence of section 354(a), Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amend- services’’; and by striking ‘‘section 442 and 452’’ and insert- ed to read as follows: (C) in the first sentence of subsection (j), ing ‘‘sections 442 and 452’’; ‘‘(A) EMERGENCY AND DISASTER ASSIST- by inserting ‘‘the’’ before ‘‘Interior’’. (M) in section 461(h), by striking ‘‘Tele- ANCE.— (3) SUPPLEMENTAL PROVISIONS.—Section communications’’ and inserting ‘‘Tele- 105(b)(1) of the Compact of Free Association ‘‘(i) IN GENERAL.—Subject to clause (ii), communication’’; Amendments Act of 2003 (48 U.S.C. section 221(a)(6) of the U.S.–FSM Compact (N) in section 462(b)(4), by striking ‘‘of Free 1921d(b)(1)) is amended by striking ‘‘Trust and section 221(a)(5) of the U.S.–RMI Com- Association’’ the second place it appears; and pact shall each be construed and applied in Fund’’ and inserting ‘‘Trust Funds’’. (b) TITLE II.— (O) in section 463(b), by striking ‘‘Articles accordance with the two Agreements to IV’’ and inserting ‘‘Article IV’’. Amend Article X of the Federal Programs (1) U.S.–FSM COMPACT.—The Compact of Free Association, as amended, between the (2) U.S.–RMI COMPACT.—The Compact of and Service Agreements signed on June 30, Free Association, as amended, between the 2004, and on June 18, 2004, respectively, pro- Government of the United States of America and the Government of the Federated States Government of the United States of America vided that all activities carried out by the and the Government of the Republic of the United States Agency for International De- of Micronesia (as provided in section 201(a) of the Compact of Free Association Amend- Marshall Islands (as provided in section velopment and the Federal Emergency Man- ments Act of 2003 (117 Stat. 2757)) is amend- 201(b) of the Compact of Free Association agement Agency under Article X of the Fed- ed— Amendments Act of 2003 (117 Stat. 2795)) is eral Programs and Services Agreements may (A) in section 174— amended— be carried out notwithstanding any other (i) in subsection (a), by striking ‘‘courts’’ (A) in section 174(a), by striking ‘‘court’’ provision of law. In the sections referred to and inserting ‘‘court’’; and and inserting ‘‘courts’’; in this clause, the term ‘United States Agen- (ii) in subsection (b)(2), by striking ‘‘the’’ (B) in section 177(a), by striking the cy for International Development, Office of before ‘‘November’’; comma before ‘‘(or Palau)’’; Foreign Disaster Assistance’ shall be con- (B) in section 177(a), by striking ‘‘, or (C) in section 179(b), by striking ‘‘amended strued to mean ‘the United States Agency Palau’’ and inserting ‘‘(or Palau)’’; Compact,’’ and inserting ‘‘Compact, as for International Development’. (C) in section 179(b), by striking ‘‘amended amended,’’; ‘‘(ii) DEFINITION OF WILL PROVIDE FUND- Compact’’ and inserting ‘‘Compact, as (D) in section 211— ING.—In the second sentence of paragraph 12 amended,’’; (i) in the fourth sentence of subsection (a), of each of the Agreements described in (D) in section 211— by striking ‘‘Compact, as Amended, of Free clause (i), the term ‘will provide funding’ (i) in the fourth sentence of subsection (a), Association’’ and inserting ‘‘Compact of Free means will provide funding through a trans- by striking ‘‘Compact, as Amended, of Free Association, as amended’’; fer of funds using Standard Form 1151 or a Association’’ and inserting ‘‘Compact of Free similar document or through an interagency, (ii) in the first sentence of subsection (b), Association, as amended’’; by striking ‘‘Agreement between the Govern- reimbursable agreement.’’. (ii) in the fifth sentence of subsection (a), (b) EFFECTIVE DATE.—The amendments ment of the United States and the Govern- by striking ‘‘Trust Fund Agreement,’’ and ment of the Republic of the Marshall Islands made by subsection (a) shall be effective as inserting ‘‘Agreement Between the Govern- of the date that is 180 days after the date of Regarding Miliary Use and Operating ment of the United States of America and Rights’’ and inserting ‘‘Agreement Regard- enactment of this Act. the Government of the Federated States of SEC. 804. CLARIFICATIONS REGARDING PALAU. ing the Military Use and Operating Rights of Micronesia Implementing Section 215 and the Government of the United States in the Section 105(f)(1)(B) of the Compact of Free Section 216 of the Compact, as Amended, Re- Association Amendments Act of 2003 (48 Republic of the Marshall Islands concluded garding a Trust Fund (Trust Fund Agree- Pursuant to Sections 321 and 323 of the Com- U.S.C. 1921d(f)(1)(B)) is amended— ment),’’; pact of Free Association, as Amended (1) in clause (ii)(II), by striking ‘‘and its (iii) in subsection (b)— (Agreement between the Government of the territories’’ and inserting ‘‘, its territories, (I) in the first sentence, by striking ‘‘Gov- United States and the Government of the Re- and the Republic of Palau’’; ernment of the’’ before ‘‘Federated’’; and public of the Marshall Islands Regarding (2) in clause (iii)(II), by striking ‘‘, or the (II) in the second sentence, by striking Republic of the Marshall Islands’’ and insert- ‘‘Sections 321 and 323 of the Compact of Free Military Use and Operating Rights)’’; and ing ‘‘, the Republic of the Marshall Islands, Association, as Amended’’ and inserting (iii) in the last sentence of subsection (e), or the Republic of Palau’’; and ‘‘Sections 211(b), 321, and 323 of the Compact by inserting before the period at the end the (3) in clause (ix)— of Free Association, as amended,’’; and following: ‘‘and the Federal Programs and (A) by striking ‘‘Republic’’ both places it (iv) in the last sentence of subsection (d), Services Agreement referred to in section appears and inserting ‘‘government, institu- by inserting before the period at the end the 231’’; tions, and people’’; following: ‘‘and the Federal Programs and (E) in section 221(a)— (B) by striking ‘‘2007’’ and inserting ‘‘2009’’; Services Agreement referred to in section (i) in the matter preceding paragraph (1), and 231’’; by striking ‘‘Section 231’’ and inserting ‘‘sec- (C) by striking ‘‘was’’ and inserting (E) in the first sentence of section 215(b), tion 231’’; and ‘‘were’’. by striking ‘‘subsection(a)’’ and inserting (ii) in paragraph (5), by inserting ‘‘(Federal SEC. 805. AVAILABILITY OF LEGAL SERVICES. ‘‘subsection (a)’’; Emergency Management Agency)’’ after Section 105(f)(1)(C) of the Compact of Free (F) in section 221— ‘‘Homeland Security’’; Association Amendments Act of 2003 (48 (i) in subsection (a)(6), by inserting ‘‘(Fed- (F) in the second sentence of section 232, U.S.C. 1921d(f)(1)(C)) is amended by inserting eral Emergency Management Agency)’’ after by striking ‘‘sections 103(m)’’ and all that before the period at the end the following: ‘‘, ‘‘Homeland Security’’; and follows through ‘‘(January 14, 1986)’’ and in- which shall also continue to be available to (ii) in the first sentence of subsection (c), serting ‘‘section 103(k) of Public Law 108–188, the citizens of the Federated States of Mi- by striking ‘‘agreements’’ and inserting 117 Stat. 2734, December 17, 2003’’; cronesia, the Republic of Palau, and the Re- ‘‘agreement’’; (G) in the first sentence of section 341, by public of the Marshall Islands who legally re- (G) in the second sentence of section 222, striking ‘‘Section 141’’ and inserting ‘‘section side in the United States (including terri- by inserting ‘‘in’’ after ‘‘referred to’’; 141’’; tories and possessions)’’. (H) in the second sentence of section 232, (H) in section 342— SEC. 806. TECHNICAL AMENDMENTS. by striking ‘‘sections 102 (c)’’ and all that (i) in subsection (a), by striking ‘‘14 U.S.C. (a) TITLE I.— follows through ‘‘January 14, 1986)’’ and in- 195’’ and inserting ‘‘section 195 of title 14, (1) SECTION 177 AGREEMENT.—Section serting ‘‘section 102(b) of Public Law 108–188, United States Code’’; and 103(c)(1) of the Compact of Free Association 117 Stat. 2726, December 17, 2003’’; (ii) in subsection (b)— Amendments Act of 2003 (48 U.S.C. (I) in the second sentence of section 252, by (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- 1921b(c)(1)) is amended by striking ‘‘section inserting ‘‘, as amended,’’ after ‘‘Compact’’; serting ‘‘section 1303(b)(6) of the Merchant 177’’ and inserting ‘‘Section 177’’. (J) in the first sentence of the first undes- Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and (2) INTERPRETATION AND UNITED STATES ignated paragraph of section 341, by striking (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ POLICY.—Section 104 of the Compact of Free ‘‘Section 141’’ and inserting ‘‘section 141’’; and inserting ‘‘section 1303(b)(6)(C) of that Association Amendments Act of 2003 (48 (K) in section 342— Act’’; U.S.C. 1921c) is amended— (i) in subsection (a), by striking ‘‘14 U.S.C. (I) in the third sentence of section 354(a), (A) in subsection (b)(1), by inserting ‘‘the’’ 195’’ and inserting ‘‘section 195 of title 14, by striking ‘‘section 442 and 452’’ and insert- before ‘‘U.S.–RMI Compact,’’; United States Code’’; and ing ‘‘sections 442 and 452’’;

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2917 (J) in the first sentence of section 443, by (d) COSTS OF TRANSFERS.—Any expense in- hills, rushing rivers, and low-elevation inserting ‘‘, as amended.’’ after ‘‘the Com- curred by the United States in connection forest in Washington State’s Mount pact’’; with a transfer authorized by this section Baker-Snoqualmie National Forest are (K) in the matter preceding paragraph (1) shall be charged to the recipient. going to be preserved for generations of section 461(h)— (e) REPAIR AND REFURBISHMENT IN UNITED (i) by striking ‘‘1978’’ and inserting ‘‘1998’’; STATES SHIPYARDS.—To the maximum extent to come. and practicable, the President shall require, as a I am immensely proud of this legisla- (ii) by striking ‘‘Telecommunications’’ and condition of the transfer of a vessel under tion. The Wild Sky Wilderness area is inserting ‘‘Telecommunication Union’’; and this section, that the recipient to which the just 90 minutes away from downtown (L) in section 463(b), by striking ‘‘Article’’ vessel is transferred have such repair or re- Seattle. It will give more than 2.4 mil- and inserting ‘‘Articles’’. furbishment of the vessel as is needed before lion from Snohomish, King, and Skagit SEC. 807. TRANSMISSION OF VIDEOTAPE PRO- the vessel joins the naval forces of the recipi- Counties easy access to hike and camp GRAMMING. ent performed at a shipyard located in the Section 111(e)(2) of title 17, United States United States, including a United States in a distinctive northwest landscape, it Code, is amended by striking ‘‘or the Trust Navy shipyard. will preserve unique low elevation eco- Territory of the Pacific Islands’’ and insert- (f) EXPIRATION OF AUTHORITY.—The author- systems, and it is going to give the sur- ing ‘‘the Federated States of Micronesia, the ity to transfer a vessel under this section rounding towns a great economic boost Republic of Palau, or the Republic of the shall expire at the end of the 2-year period by increasing the number of visitors. Marshall Islands’’. beginning on the date of enactment of this I am especially proud because so SEC. 808. PALAU ROAD MAINTENANCE. Act. many people in Washington State are The Government of the Republic of Palau Mr. BINGAMAN. I move to recon- so excited about this wilderness pro- may deposit the payment otherwise payable sider the vote, and I move to lay that to the Government of the United States posal. Newspapers have endorsed it in motion on the table. more than 50 editorials, and more than under section 111 of Public Law 101–219 (48 The motion to lay on the table was U.S.C. 1960) into a trust fund if— 200 newspaper articles, op-eds, and let- agreed to. (1) the earnings of the trust fund are ex- ters to the editor have raved about it. Mr. BINGAMAN. Madam President, I pended solely for maintenance of the road This is the fourth time the Senate know the Senator from Washington, system constructed pursuant to section 212 has considered this bill. Wild Sky in of the Compact of Free Association between Mrs. MURRAY, is waiting to speak, and the past has passed the Senate unani- the Government of the United States of I will not take much time except to say mously three times because we saw the America and the Government of Palau (48 Senator DOMENICI and I obviously had value of this wilderness proposal and U.S.C. 1931 note); and tremendously good help from our (2) the trust fund is established and oper- recognized that this bill is something staffs. They worked long and hard to ated pursuant to an agreement entered into my State supports. between the Government of the United put this legislation together and get it into a form where it could be consid- Last year, for the first time, Wild States and the Government of the Republic Sky passed the House, and now passing of Palau. ered by the Senate. the Senate, we are so close to making SEC. 809. CLARIFICATION OF TAX-FREE STATUS We will seek time later this after- OF TRUST FUNDS. noon to elaborate as to the individual this truly a reality. In the U.S.–RMI Compact, the U.S.–FSM members of our staffs who participated With that in mind, I want to take a Compact, and their respective trust fund and to thank them for their good work. few minutes to share with my col- subsidiary agreements, for the purposes of I will yield the floor and allow Sen- leagues what they just did. I want taxation by the United States or its sub- them to see some of the benefits this sidiary jurisdictions, the term ‘‘State’’ ator MURRAY and Senator CANTWELL to means ‘‘State, territory, or the District of speak as provided in the unanimous bill offers my home State of Wash- Columbia’’. consent agreement. ington and why people in my State are SEC. 810. TRANSFER OF NAVAL VESSELS TO CER- The PRESIDING OFFICER. The Sen- so eager to create the Wild Sky Wilder- TAIN FOREIGN RECIPIENTS. ator from Washington is recognized. ness. (a) TRANSFERS BY GRANT.—The President is Mrs. MURRAY. Madam President, I Since the days when Native people authorized to transfer vessels to foreign thank my colleague from New Mexico and early settlers harvested salmon countries on a grant basis under section 516 and timber from our streams and for- of the Foreign Assistance Act of 1961 (22 for his tremendous work. I rise to U.S.C. 2321j), as follows: thank all of my colleagues for sup- ests, people who live in Washington (1) TURKEY.—To the Government of Tur- porting the public lands and natural re- State have recognized the importance key— sources package that was just passed of our natural heritage. We have a (A) the OLIVER HAZARD PERRY class by the Senate. great tradition in my State of respect- guided missile frigates GEORGE PHILIP I, like many of my colleagues, have a ing and enjoying the natural beauty (FFG–12) and SIDES (FFG–14); and vested interest in this bill. It contains that surrounds us. (B) the OSPREY class minehunter coastal Washington State is home to tremen- ship BLACKHAWK (MHC–58). my Wild Sky Wilderness Act which will dously natural resources, and we have (2) .—To the Government of designate over 100,000 acres as wilder- Lithuania, the OSPREY class minehunter ness. This proposal is the result of al- a proud history of embracing our na- coastal ships CORMORANT (MHC–57) and most 9 years of work by myself and tional parks and our forests. The Wild KINGFISHER (MHC–56). Congressman LARSEN of my home Sky area is already being enjoyed by (b) TRANSFERS BY SALE.—The President is State. It has the support of the vast many of our citizens who hike or hunt authorized to transfer vessels to foreign re- majority of the communities around or raft or camp there. And since we cipients on a sale basis under section 21 of proposed designating it as wilderness, the Arms Export Control Act (22 U.S.C. 2761), the area, as well as outdoor enthu- as follows: siasts, area businesses, and literally literally thousands of people have writ- (1) .—To the Taipei Economic and thousands of Washington State resi- ten Congressman LARSEN and me to Cultural Representative Office in the United dents. share their support. Many of those States (which is the Taiwan instrumentality Congressman LARSEN and I began writers told personal stories about designated pursuant to section 10(a) of the working on Wild Sky back in 1999 be- their experiences in the Wild Sky area. Taiwan Relations Act (22 U.S.C. 3309(a))), the cause we were troubled by the rapid Mike Town is a high school science OSPREY class minehunter coastal ships growth in Seattle and surrounding teacher from Duvall, WA. He described ORIOLE (MHC–55) and FALCON (MHC–59). areas. We are so fortunate in our State introducing his students to a wild (2) TURKEY.—To the Government of Tur- key, the OSPREY class minehunter coastal to have unique and beautiful natural salmon spawning site near the Wild ship SHRIKE (MHC–62). landscapes from the peaks of the Cas- Sky Wilderness. Because that river’s (c) GRANTS NOT COUNTED IN ANNUAL TOTAL cade Mountains, the northwest rain headwaters are in the proposed wilder- OF TRANSFERRED EXCESS DEFENSE ARTI- forest, the Olympic Peninsula to the ness area, the water is still so pristine CLES.—The value of a vessel transferred to a mighty Columbia River. But many of there that salmon are able to thrive, recipient on a grant basis pursuant to au- our special lands could be jeopardized and today it is the one of the few thority provided by subsection (a) shall not be counted against the aggregate value of ex- if we do not take action to preserve places left in the Cascades where cess defense articles transferred in any fiscal them now. spawning salmon are still so numerous year under section 516(g) of the Foreign As- The Wild Sky Wilderness area will you could actually walk across the sistance Act of 1961. ensure that 106,000 acres of rolling river on their backs.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2918 CONGRESSIONAL RECORD — SENATE April 10, 2008 Mike called that river one of the every effort to accommodate everyone can return to Wild Sky in the years to greatest spectacles in nature, and he who engaged in this process, and come. said to me: thanks to this effort, this bill is an ex- Finally, Madam President, hikers, I cherish the belief that with federal pro- ample of wilderness done the right climbers, rafters, hunters, and anglers tection for this area, my teenage students way. who visit us in the Puget Sound area— will have the ability to share the experience I wish to talk about the benefits of and I invite everyone who is listening of spawning wild salmon with their grand- Wild Sky because I am so excited about to come and enjoy Wild Sky—will children. what it offers people who live in my spend their money as they travel So the first reason we are so excited State and those who visit. Several through this area. Recreational enthu- about Wild Sky is because it reflects years ago, I took a trip through the siasts will see Wild Sky in the future the values of the people of Washington area where the Wild Sky Wilderness listed on maps and guide books as a State. would be. It is very hard to put into special destination, and those tourists But another reason this bill has so words how beautiful this stunning, will come and stay in our hotels and much support is because we worked amazing area is that is 90 minutes from our campgrounds and eat in our res- hard to accommodate the needs of the downtown Seattle. taurants and use local guides and out- users of this area. Very early on in the A significant part of this wilderness fitters. process, we reached out to all the local is seemingly endless expanses of mead- In recent years, the outdoor recre- stakeholders to gauge their interest ows. Rolling mountains can be seen ation business appears to have stayed and ask if they had any concerns, and that are covered with stands of huge healthy, even during bad economic we were able to work with them and old moss-covered trees, and some of times, and Wild Sky is going to help address many of the issues they raised. those trees are over 100 years old. From contribute to that in the future. And, We worked with Longview Fibre, a the ridges, you have incredible views of again, I invite all who are listening to paper company that had some land in the western slopes of the Cascade come and enjoy this beautiful place the proposed boundary. As a result, we Mountains. that you saw get voted on here in the were able to draw out certain areas and This area is so unique. And one of the Senate this afternoon. prioritize others that the company was things that makes it unique is its rel- Madam President, those are just a willing to sell. atively low elevation. About one-third few of the benefits of this Wild Sky We heard from local and State snow- of Wild Sky is below 3,000 feet. So the Wilderness. We have done a lot of hard mobile groups concerned that the Wild Sky Wilderness area is going to work on this bill in the last 8 years, boundaries of our original proposal bring new ecological systems into our and we couldn’t have done it without would shut out important riding areas. wilderness lands that are underrep- the help of a lot of people. So let me So we took out a vast majority of resented right now. take the last few minutes and thank Wild Sky links our forests and mead- those areas. all of the people across my State and ows and steep craggy peaks, as you can We ensured that float planes still here in the Senate who have worked so see, and it is going to create a pro- have access to Lake Isabel. hard to get this bill done. tected habitat corridor for all the wild- We worked with the Forest Service I thank Chairman BINGAMAN and his life living in this area. We have wolves and excluded heavily used areas around great staff, especially Bob Simon and and mountain goats, black and grizzly Barclay Lake and the only two areas David Brooks, for their help and their where timber sales were being consid- bears, and deer and trout. Salmon spawning grounds teeming unwavering support of Wild Sky ered. with fish—just like the one my town’s throughout all the years. We made sure that Snohomish Coun- science teacher showed his students— I thank Senator DOMENICI, who is ty and the Forest Service were com- used to be very common, but today leaving us this year to retire. Without fortable with the emergency commu- many of those species are struggling to him and his hard work on this bill, we nication capability in and around the survive. So at a time when we are ask- wouldn’t be here today. wilderness area. ing private landowners to assist in re- I thank Senators CRAPO and MUR- And last winter, massive floods al- covering wild fish runs, I believe the KOWSKI for all they did over the past tered the path of the Skykomish River Federal Government ought to do every- weeks and months to move this pack- and displaced and destroyed parts of thing it can on its own land to help age forward. I couldn’t have gotten that road that provides access through protect and restore that wildlife habi- here—we couldn’t have gotten here— our proposed wilderness area. So Con- tat. without their hard work. gressman LARSEN and I got back to- Secondly, Madam President, the Wild I thank many of my staff members, gether and brought together Snoho- Sky Wilderness is going to offer us especially Doug Clapp, who helped me mish County, the Forest Service, and great new recreational opportunities originally develop this bill many years local advocates to responsibly adjust for people in a growing region. Wild ago; Jaime Shimek, Evan Schatz, and the boundaries of this wilderness to Sky is unusually accessible because of Mike Spahn. I can’t even begin to say make sure the road could be rebuilt its low elevation, and it is near an all the names of my staff members who and remain open for future use. urban area. So families looking for a over the years have worked with us as Thanks to all of this work, we have quick and easy access to nature are we have developed this bill and gotten the support now of many of the locally going to be able to enjoy this very pris- it over the finish line. I thank all of elected officials and most of the sur- tine land. Climbers and hikers, hunters them. rounding towns and counties. Local and anglers have already sent us let- I recognize the hard work and sup- conservation, hunting, and fishing ters and e-mails talking about the op- port of Congressman LARSEN and his groups back this bill. The Seaplane Pi- portunities that Wild Sky offers. staff, Senator CANTWELL and her staff. lots Association and many local busi- Mark Heckert, who is a fish and wild- She is on the Senate floor this after- nesses endorse it, and the Under Sec- life biologist from Puyallup, wrote to noon as well and serves on the com- retary of Natural Resources for the me that he has taken his two sons to mittee. I could not have done it with- Forest Service, Mark Rey, said the camp and hunt and fish in this area. He out her help and support. I know she President will sign this bill. wrote me about how much he values has climbed into the Wild Sky and seen Even though many people in Wash- the outdoors and said he hopes to se- it as well as I have and is as excited as ington State understand and appre- cure the Wild Sky Wilderness for his I am to be out there to see this com- ciate the value of wilderness, this bill children to enjoy. He said to me: pleted. has a lot of support because we were Wild landscapes like those provided in the I thank Under Secretary Mark Rey of also willing to work with the diverse Wild Sky provide the stage for a the administration, who supported this groups of people who have an interest generational right of passage where young bill for many years. in how this land is used. This truly was boys and girls can discover their connection But above all, Madam President, I a public process. to our land. thank the people of my home State of Although we, of course, could not Creating this Wild Sky Wilderness is Washington who have worked tirelessly meet every single need, we have made going to ensure that Mark and his sons to bring this idea from a proposal on a

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2919 piece of paper 9 years ago to legislation Washington State. We have 12.2 million were forced to leave and to go to the that was passed in the Senate this acres out of over 42 million acres. That internment camps was from this site afternoon. is 29 percent of our State. I understand on Bainbridge Island in Washington I am going to be back when the other States may not like that kind of State. On March 30, 1942, 227 residents President signs this bill into law and designation, but for us in Washington of Bainbridge Island were asked to re- thank a broader list of people who have State it has been part of our lifestyle port to this ferry dock site and were been so essential, but as I finish this and part of what we want to preserve. taken to internment camps in afternoon I want to note the work of In fact, Mount Rainier, one of our Minidoka, ID, and Tule Lake in north- Tom Uniack and Mike Town, and I most visited special places, over 1 mil- ern California. thank them personally for all their lion people visit it on an annual basis. So this is what this lands bill is work. They have been so willing to lis- And a little company some people may about. It is about protecting wilderness ten and to answer questions and to give have heard of, REI, based in Seattle, and making designations of sites that tours of the Wild Sky country and have has outdoor recreational gear and does should be remembered. So I am very worked with us every step of the way. about $1 million worth of business an- proud we got this bill off the floor, and Tom and Mike, thank you. All your nually. So there are people who very I hope we will see immediate action by hard work has paid off, and we now much believe in the outdoors. the House. have passed in the Senate a very pop- I am sure the Presiding Officer knows I thank the Chair. ular bill. very well that the beauty of special f Wild Sky is going to help my State places is worth preserving, and it is a EXECUTIVE SESSION take a great step forward in protecting great boon to our economy. our environment. It is going to en- Senator MURRAY did an unbelievable hance our economy, it is going to im- job in shepherding this legislation NOMINATIONS OF BRIAN STACY prove our recreational opportunities, through the Senate and working with MILLER, TO BE UNITED STATES and I can tell you, people from my her colleague in the House, Congress- DISTRICT JUDGE FOR THE EAST- State are eager to get this bill through man LARSEN, now for 7 years. There ERN DISTRICT OF ARKANSAS; the House quickly and on to the Presi- were many times in which she could JAMES RANDAL HALL, TO BE dent’s desk to be signed. have gotten detoured by various Mem- UNITED STATES DISTRICT We took a major step forward toward bers. Actually, this has passed three JUDGE FOR THE EASTERN DIS- this goal today, and, again, I invite all times in the Senate on the consent cal- TRICT OF CALIFORNIA; JOHN A. of you who are listening to come to the endar but has been either delayed in MENDEZ, TO BE UNITED STATES State of Washington and visit Wild the House or a Member held it up, and DISTRICT JUDGE FOR THE EAST- Sky. really held up an opportunity for many ERN DISTRICT OF CALIFORNIA; I thank the Chair. people to enjoy what our State has, in STANLEY THOMAS ANDERSON, The PRESIDING OFFICER. The Sen- a very bipartisan way, been supporting. TO BE UNITED STATES DISTRICT ator from Washington is recognized. In Washington State, many people JUDGE FOR THE WESTERN DIS- Ms. CANTWELL. Madam President, I are conservationists. Before they are TRICT OF TENNESSEE; AND rise to speak a few minutes about the Republicans or Democrats or Independ- CATHARINA HAYNES, TO BE public lands bill we just voted out of ents, they are conservationists first. UNITED STATES CIRCUIT JUDGE the Senate with a pretty resounding Senator MURRAY has had to persevere FOR THE FIFTH CIRCUIT OF majority of Members. with this legislation through various TEXAS. Within that public lands bill we just individual Members holding it up. So I The PRESIDING OFFICER. Under voted on is the only wilderness des- say a special thanks to her. And I know the previous order, the Senate will pro- ignation, the one my colleague from if Scoop Jackson were alive, Scoop ceed to executive session to consider Washington just described—the Wild Jackson would be here to also con- the following nominations, which the Sky Wilderness area. And I am here to gratulate her, as someone who did the clerk will report. not only congratulate her on this im- original wilderness designation. She The assistant legislative clerk read portant legislation but to also speak would be very honored to know that the nominations of Brian Stacy Miller, because so much was said prior to the someone such as Scoop, in writing this of Arkansas, to be United States Dis- vote about why we would have such original legislation, had the issues of trict Judge; James Randal Hall, of legislation on the Senate floor, and Wild Sky very much in mind. Georgia, to be United States District about the issue of Federal lands in in- Madam President, how much time do Judge; John A. Mendez, of California, dividual States. I have? to be United States District Judge; I think my colleague from Wash- The PRESIDING OFFICER. The Sen- Stanley Thomas Anderson, of Ten- ington just articulated exactly why ator has spoken for 3 minutes. nessee, to be United States District such an important piece of legislation Ms. CANTWELL. Madam President, I Judge; and Catharina Haynes, of Texas, is needed, the fact that it is the des- ask unanimous consent for an addi- to be United States Circuit Judge for ignation of a wilderness area that she tional 1 minute. the Fifth Circuit. has been trying to get ever since I have The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- been in the Senate. In fact, she men- objection, it is so ordered. ator from Arkansas is recognized. tioned 9 years she has been working on Ms. CANTWELL. Madam President, I Mr. PRYOR. Madam President, I am that legislation. Since at least 2001, I want to also mention another piece of honored to recommend Brian Miller for have seen this legislation in various the underlying legislation because, confirmation as a Federal judge of the forms move through either the House again, some people have questioned, Eastern District of Arkansas. or the Senate. I am sure her enthu- why do a public lands bill of this na- Without hesitation, the Judiciary siasm today is about the prospect of ture. Another piece of this legislation Committee confirmed Judge Miller on the Senate and the House, under Demo- that I have worked on with my col- March 6. During the confirmation proc- cratic control, actually getting this league, Congressman INSLEE of Bain- ess, they learned what many Arkan- legislation passed. bridge Island in our State, is to pre- sans already know—Judge Miller has But let me make a couple of points serve an area known as the Eagledale presided and will continue to preside because my colleague, Senator MUR- Ferry Dock site on Bainbridge Island with impartiality and integrity. RAY, brought up this issue, the spe- as a unit of the national monument In my mind, Judge Miller has all the cifics of Wild Sky’s designation. It is a designation under our national park tools to be a great judge. I have re- beautiful place. I have had the oppor- system. viewed his work and have been im- tunity to hike there and to see the People may say, well, why designate pressed with his record. His broad beauty firsthand. But people don’t un- this particular area? During World War range of experience in civil and crimi- derstand the designation of these Fed- II, over 120,000 Japanese Americans nal matters, representing both sides of eral lands. I will say right now that I were forced into internment camps, the law, is extraordinary. He exempli- know how much Federal land is in and the first place from which they fies the proper credentials as well as

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2920 CONGRESSIONAL RECORD — SENATE April 10, 2008 the temperament the people of Arkan- family and his family have been friends Mr. SPECTER. I yield the floor, and sas can be comfortable with. for a long time. I await the arrival of the distinguished I have heard validation from col- Certainly, I am very proud and hon- chairman to proceed. leagues and acquaintances on the Ar- ored to recommend him to my col- The PRESIDING OFFICER. The Sen- kansas bar and throughout the legal leagues to sit on the Federal bench for ator from Georgia is recognized. community. When Judge Miller’s name the Eastern District of Arkansas. Mr. ISAKSON. Madam President, are began to circulate for this nomination, Madam President, with that, I yield we in a quorum call? I only received praise from his col- the floor and suggest the absence of a The PRESIDING OFFICER. No, we leagues. In fact, it is one of the few oc- quorum, with the time being equally are not. casions when I did not hear a single divided. Mr. ISAKSON. I thank the Chair. I person criticize his possible nomina- The PRESIDING OFFICER. Without will be brief because I know Members of the Senate are anxious to make tion. objection, it is so ordered. The clerk their weekend plans, but I come to the While this body has seen more than will call the roll. floor to thank Senator SPECTER and its share of polarizing nominees, Judge The assistant legislative clerk pro- Senator LEAHY for reporting out these Miller is the rare exception. He ceeded to call the roll. judges today—in particular, for report- brought integrity and impartiality to Mr. SPECTER. Madam President, I ing out Randy Hall of Augusta, GA. the bench while serving on the Arkan- ask unanimous consent that the order We were very pleased to recommend sas Court of Appeals and earlier as a for the quorum call be rescinded. Randy to the President of the United city judge for both Holly Grove and The PRESIDING OFFICER. Without States, very pleased the President de- Helena, AR. His work as the deputy objection, it is so ordered. cided to nominate him, and particu- prosecuting attorney for Philips Coun- The Senator from Pennsylvania is larly pleased the Judiciary Committee ty has also been praised. recognized. is giving this Senate a chance to con- Before practicing law in private prac- Mr. SPECTER. Madam President, firm a fine jurist to the bench in the tice for 9 years, Judge Miller earned his while the distinguished Senator from Southern District of Georgia. law degree from Vanderbilt University Arkansas is on the floor, I think it ap- Prior to this nomination, Randy Hall Law School. He graduated with honors propriate to comment. I believe the served in the Georgia State Senate from the University of Central Arkan- nominee of whom he has spoken is well from District 22, which incorporates all sas and Phillips Community College of qualified for the position. Mr. Brian of Augusta, GA, which is the No. 1 loca- the University of Arkansas. Even be- Stacy Miller graduated with honors tion on the map today with the Mas- fore serving on the bench, Mr. Miller from the University of Central Arkan- ters starting its first round. Randy is a was serving our Nation in the Navy and sas in 1992. He has a law degree from distinguished attorney, with expertise the Navy Reserve from 1985 to 1992. Vanderbilt, has a distinguished record in real estate, banking, corporate mat- Judge Miller has big shoes to fill fol- in private practice, served as city at- ters, and commercial litigation. He has lowing the service of the late George torney, was director of some very im- a reputation for absolute integrity and Howard, Jr. I am confident, however, portant organizations, and received a character. He is a native of Augusta, these shoes will fit Judge Miller quite unanimous ‘‘well qualified’’ rating which is important to many because well. from the American Bar Association. this is the heart of the district. Madam President, I also want to add I will abbreviate my presentation at He graduated from Augusta College my appreciation for the Judiciary this time, but I believe the Senator in 1979 and from the University of Committee and Judiciary Committee from Arkansas and his colleague have Georgia College of Law in 1982. He staff on both sides because they worked brought us a good nominee, as is the serves on the Augusta-Richmond Coun- very quickly on this nomination. What Senator’s custom. ty Community Partnership for Chil- I said in my statement is absolutely I ask unanimous consent to have his dren and Families and attends the true, and the more people are exposed resume printed in the RECORD. Trinity on the Hill United Methodist to Brian Miller, the more impressed There being no objection, the mate- Church. they are with him as a person and as a rial was ordered to be printed in the Randy Hall is an outstanding Geor- judge. He really does have a distin- RECORD, as follows: gian, outstanding American, qualified jurist, and I commend him to the Mem- guished and exemplary record in Ar- BRIAN STACY MILLER bers of the Senate for his confirmation kansas, but he also is a fine man. I UNITED STATES DISTRICT JUDGE FOR THE think Judge Miller will be a great today. EASTERN DISTRICT OF ARKANSAS I yield the floor. judge. Birth: 1967, Pine Bluff, Arkansas. The PRESIDING OFFICER. The Sen- I mentioned George Howard, who was Legal Residence: Arkansas. ator from Pennsylvania is recognized. an outstanding judge in the Eastern Education: B.S., with honors, University of Mr. SPECTER. While the distin- District of Arkansas for a long time Central Arkansas, 1992. J.D., Vanderbilt Law guished Senator from Georgia is on the and really paved the way in a lot of School, 1995. Primary Employment: Associate Attorney, floor, I compliment him for the selec- ways for a lot of lawyers in our State. tion of James Randal Hall for the U.S. Judge Miller will be in that same Martin, Tate, Morrow & Marston, TN, 1995– 2006. Solo Practitioner, Miller Law Firm, District Court for the Southern Dis- vein. If possible, he could even be bet- AR, 1998–2006. Deputy Prosecuting Attorney, trict of Georgia. I have reviewed his ter. He is a person who comes to this Arkansas Prosecuting Attorney’s Office, academic record, which is excellent—a nomination with a lot of credentials 2000–2006. Judge, Arkansas Court of Appeals, bachelor’s degree from Augusta Col- and a lot of support from the legal 2007–present. lege, a J.D. from the University of community in Arkansas. As I said a Other Legal Employment: City Attorney, Georgia School of Law. He has excep- minute ago, I don’t think we have Helena, AR, 1999–2005. City Attorney, tional activities. In 2001, he received heard one person in our whole State Edmondson, AR, 1999–2001. Deputy Pros- the Outstanding Family and Children’s who has come out against his nomina- ecuting Attorney, Phillips County, AR, 2000– 2006. City Attorney, Lake View, AR, 2000– Advocate Award, and in 2004 he re- tion. He is that good. We are so pleased 2006. ceived the Outstanding Advocacy the President nominated him. Selected Activities: Director, Southern Award from the Community Mental I also thank my colleague and friend Bancorp, 2000–present. Director, KIPP Delta Health Center of East Central Georgia. on the House side, Congressman JOHN College Preparatory School, 2001–2002. Direc- He has a substantial majority ‘‘well BOOZMAN, who was instrumental in tor, Southern Good Faith Fund, 2002–2006. Di- qualified’’ rating by the American Bar pushing this nomination, getting it to rector, First Bank of the Delta, 2002–present. Association, and I think he has the po- the White House and pushing it Arkansas Bar Association, House of Dele- tential to be an outstanding U.S. dis- through the White House, and getting gates, 2006–present. Law School Committee, trict judge for the Southern District of it over here to the Senate. It truly has 2007–present. Arkansas Supreme Court Com- mittee on Criminal Practice, 2007–present. Georgia. I am pleased to endorse him been a team effort. Memphis Bar Association Publications Com- and urge my colleagues to do the same. Judge Miller is from Senator LIN- mittee, 2006. Director, Boys and Girls Club, I ask unanimous consent to have a COLN’s hometown. She feels a special 2007–present. fuller statement of his resume printed connection to him, as she should; her ABA Rating: Unanimous ‘‘Well Qualified’’. in the RECORD, and I yield the floor.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2921 There being no objection, the mate- TN, at the firm of Martin Tate Morrow same hometown I did, could come be- rial was ordered to be printed in the & Marston. In 1998, Brian ran a success- fore the Senate and be nominated and RECORD, as follows: ful campaign to be the city attorney confirmed. JAMES RANDALL HALL for our hometown of Helena. While he I thank all the staff, as I said, of the UNITED STATES DISTRICT COURT FOR THE served as city attorney, his father also Judiciary Committee, and the majority SOUTHERN DISTRICT OF GEORGIA served as mayor. He continued to work leader, Chairman LEAHY, and Senator Birth:1958, Augusta, Georgia. part time with his firm in Memphis SPECTER. I have full faith and con- Legal Residence: Georgia. until January 2007, when he was se- fidence in Mr. Miller’s ability. I do en- Education: B.A., Augusta College, 1979. No lected by then-Governor Mike courage Members of this body to sup- degree, Walter F. George School of Law/Mer- cer University, 1979–1980. J.D., University of Huckabee to be a State appellate port this confirmation. Georgia School of Law, 1982. judge. I yield the floor, and I suggest the ab- Employment: Associate, Sanders, Mottola, Throughout his career, Judge Miller sence of a quorum and ask unanimous Haugen & Goodson, 1982–1984. Partner, has been no stranger to the courtroom. consent that the time be equally di- Avrett & Hall, 1984–1985. Corporate Vice In addition to the positions mentioned vided. President & Legal Counsel, Bankers First above, he also was appointed deputy The PRESIDING OFFICER. Without Corporation, 1985–1996. Partner, J. Randall prosecuting attorney for Phillips Coun- objection, it is so ordered. Hall/Hall & Mullins, 1996–1999. Augusta Office ty. In fact, between January 1999 and Managing Partner, Hunter, Maclean, Exley & The clerk will call the roll. Dunn, 1999–2003. 22nd District State Senator, January 2006, Brian spent 3 days a The assistant legislative clerk pro- Georgia State Senate, 2003–2004. Partner, week, every week, in the courtroom, ei- ceeded to call the roll. Warlick, Tritt, Stebbins & Hall, 2004– ther in his capacity as a prosecutor or Mr. ALEXANDER. Madam President, Present. on behalf of his clients. He has a rep- I ask unanimous consent that the order Selected Activities: 2001 Outstanding Fam- utation for being a tough but fair liti- for the quorum call be rescinded. ily and Children’s Advocate Award, Augusta gator, who is a respected prosecutor The PRESIDING OFFICER. Without Richmond County Community Partnership for Children and Families. 2004 Outstanding and a tireless advocate. He has received objection, it is so ordered. Advocacy Award, Community Mental Health overwhelming support from the legal Mr. ALEXANDER. Madam President, Center of East Central Georgia. 2004 Legisla- community all around our great State I see the Senator from Pennsylvania. I tive Advocacy Award, Superior Court Clerks of Arkansas for his nomination. would like to ask, through the Chair, if Association of Georgia. Member and Past When evaluating lifetime appoint- it would be appropriate to make a few President, Augusta Coalition for Children & ments to the Federal bench, I always remarks about the judicial nominee Youth/Augusta Partnership for Families, carefully consider a nominee’s skills, from Tennessee. 1985–Present. Director, Georgia Carolina their experience, their intellect and Mr. SPECTER. May I inquire how Bancshares, Inc./First Bank of Georgia, 1997– ability to understand and ably to apply Present. Appointee, Governor’s Task Force much time the Senator from Tennessee on Redistricting, 2006. Appointee, Augusta- established precedent. Fundamentally, would like? We are limited to no more Richmond Planning Commission, 1997–2002; I am interested in knowing a nominee than an hour. Chairman, 2000–2002. Member, Leadership Au- can fulfill this responsibility under the Mr. ALEXANDER. Five minutes. gusta, 1985–1986. Member, American Cor- Constitution to apply the law fairly, Mr. SPECTER. Take whatever time porate Counsel Association, 1993–1996. Mem- without political favor or bias. I am ab- you need. ber, Lions Club of Augusta, 1986–2003; Presi- solutely satisfied Brian has met that The PRESIDING OFFICER. Without dent; District Cabinet Secretary. Member, standard. objection, it is so ordered. Citizens Task Force on Cable Franchise I would be remiss, however, if I didn’t Mr. ALEXANDER. Madam President, Issues, 1994–1995. ABA Rating: Substantial majority well- also recognize Judge George Howard, I rise to thank and congratulate Presi- qualified/minority qualified. Jr., who served on the bench for nearly dent Bush and to thank Chairman Mr. ISAKSON. I thank the Senator. 27 years. This is the seat Judge Miller LEAHY and Senator SPECTER for bring- The PRESIDING OFFICER. The Sen- will be taking. Judge Howard was a ing to the Senate floor the nomination ator from Arkansas is recognized. true pioneer. His many contributions of Tom Anderson to be a U.S. district Mrs. LINCOLN. Madam President, I to civil rights and to the legal commu- judge for the Western District of Ten- come to the floor today, as many of my nity made a lasting impact on Arkan- nessee. other colleagues have, to support sas and our Nation. I was proud to in- I would offer three reasons why Judge Brian Miller, who has been nom- troduce legislation with Senator PRYOR Judge Anderson’s nomination to serve inated to be U.S. district judge for the last year that honored Judge Howard’s as a U.S. district judge for the Western Eastern District of our State of Arkan- legacy by naming the Federal building District of Tennessee is an especially sas. As the senior Senator from Arkan- and the courthouse in Pine Bluffs, AR, worthy one and one that I hope today sas, I am very pleased to support Mr. as the ‘‘George Howard, Jr. Federal will receive approval by the entire Sen- Miller for this very important post. Building and Courthouse.’’ Judge Mil- ate. After reviewing his record and speak- ler certainly knows that, following First, Tom Anderson is already a ing with many of his friends and col- Judge Howard, he certainly does have judge. In 2003, the Federal district leagues in Arkansas, I can assure my big shoes to fill, but I am confident he judges of the Western District of Ten- colleagues in the Senate that Brian will serve Arkansas and this Nation nessee selected Tom Anderson unani- Miller is not only a superb lawyer and with distinction for years to come. mously as a U.S. magistrate judge fol- a public servant, he is also a trusted In closing, I thank the majority lead- lowing a merit process that included friend who is held in high regard by so er and the Republican leader, also more than three dozen applicants. many in our great State. Chairman LEAHY and Senator SPECTER I see the chairman of the Judiciary Mr. Miller is a native of Helena, AR, and the entire Senate Judiciary Com- Committee has arrived. I would say to which also happens to be my home- mittee for working with Judge Miller, Senator LEAHY, I am in the midst of town. After high school, Brian Miller for working with my staff and with me about a 3- or 4-minute talk about the continued his education, graduating to move this nomination forward. We judicial nominee from Tennessee. from the University of Central Arkan- have a great opportunity in Judge Mil- Mr. LEAHY. Go right ahead. sas in 1992. He continued his education ler. He is, as I said, a tremendous judi- Mr. ALEXANDER. As I said before he by earning a law degree from Vander- cial nominee, but he is also a great cit- came, I greatly appreciate the fact that bilt University, and one of the other izen. And not coming from the legal Chairman LEAHY and Senator SPECTER great distinctions and certainly, I world, as many of my colleagues do, held a hearing, which included Tom guess, pieces of pride I have about Mr. this is an occasion where I actually Anderson, and that the Judiciary Com- Miller is that Brian also had the dis- happen to know someone personally for mittee sent his nomination to the full tinction of serving as one of the first one of these judicial nominations in Senate with a favorable recommenda- interns for my office in the House of whom I have great confidence. I have a tion. Representatives in the summer of 1993. feeling of overwhelming pride that this As I was saying, the first reason to Brian began his professional career young man, who not only interned in support him is that he is already a up the Mississippi River, in Memphis, my House office but grew up in the judge. In 2003, the Federal district

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In sum, he is the kind of a lawyer that any dozen applicants. husband and father of three who has judge is comfortable having around him and Second, Tom Anderson has been first been active in the community, includ- in the courtroom.’’ chair on more than 200 cases tried in ing having served as a board member of Now, what is the basis upon which those Federal court and has earned extraor- the Methodist Hospital in Lexington assertions were made? The basis is this. For dinary respect from lawyers and judges and the Carl Perkins Child Abuse Cen- a period of over ten years, I have watched in Tennessee. For example, Senior Dis- ter in Jackson, as well as helping to es- Mr. Anderson’s work as a lawyer in the trict Judge Tom Higgins drove more tablish the Beech River Branch of the courtroom first-hand. He has tried more jury cases before me than any other single judge. than 100 miles from Nashville to Tom YMCA in Lexington and serving as its Anderson’s investiture ceremony as a Now, why is that, a West Tennessee law- first chairman of the board. yer? Well, he was employed by a client that magistrate judge in Jackson in 2003 to Again, I congratulate the President, would send him to close and distant places. commend Anderson’s practice as an at- and I thank Chairman LEAHY and Sen- I handle all the cases in the Columbia divi- torney. ator SPECTER and the full Judiciary sion of the Middle District of Tennessee, and Judge Higgins’ unsolicited appear- Committee for reporting this nomina- I go to Columbia every other month to hold ance for Judge Anderson was consid- tion to the floor and setting it for a court on the trailer docket. Mr. Anderson has selected as many as ered by all those in attendance as a vote this afternoon. great compliment to Tom Anderson’s three juries on the same day and tried three I hope the entire Senate will agree jury cases back-to-back with three sets of professionalism. I know Judge Higgins with their judgment and confirm him very well, as do other members of the clients out in the hall and three sets of wit- before Chief Judge James Todd, who nesses. We would select one jury. I would in- bar in Tennessee. If he had thought has served with distinction in this posi- struct the jury and tell the jury when to Tom Anderson would have been a bad tion, takes senior status. come back, the following week, two or three judge and had been a less than profes- days. We would select the second jury, and I EXHIBIT 1 sional lawyer, Judge Higgins would would instruct that jury and then tell them have driven 200 miles from Nashville to REMARKS OF SENIOR JUDGE THOMAS A. to come back Monday or Tuesday of the fol- make a speech in the other direction. HIGGINS lowing week. And we’d select a third jury So it was an enormous compliment to EXCERPTED FROM TRANSCRIPT OF INVESTITURE and then on the selection of that third jury, Tom Anderson that Judge Higgins OF J. THOMAS ANDERSON AS U.S. MAGISTRATE we would start immediately to the trial of JUDGE WESTERN DISTRICT OF TENNESSEE would have driven to Jackson and that case. (January 16, 2004) Now, he’s a real lawyer. And he’s got enor- made such a speech. mous energy and willingness to work, and I JUDGE TODD: Thank you, Judge Pham. So impressed was I with that speech don’t’ believe that the court could have se- The court now recognizes a special guest. of Judge Higgins that I am submitting lected a finer lawyer with more experience. This is Judge Thomas A. Higgins. He is a a transcript of Judge Higgins’ remarks And I told Judge todd in this same letter senior judge in the Middle District of Ten- that ‘‘I am convinced that his appointment from that ceremony on January 16, nessee in Nashville. He didn’t wear his black as a magistrate judge will be received with 2004. I ask unanimous consent that it dress today, but I can assure you that Judge the highest praise by his colleagues in the be included in the RECORD following Higgins is, in fact, a judge. He has helped us Western District of Tennessee.’’ And I’m sat- my remarks. in West Tennessee with some of our cases, isfied that that will prove to be the case. The PRESIDING OFFICER. Without and we consider him to be an honorary West Now, following the rule that Davy Crock- Tennesseean. objection, it is so ordered. ett established, I only have this to day, Judge Higgins. (See Exhibit 1.) Judge Todd. I congratulate the judges of the JUDGE HIGGINS: May it please the court Mr. ALEXANDER. Prior to serving Western district of Tennessee in selecting and ladies and gentlemen, two years ago, as on the bench, Tom Anderson spent Mr. Anderson. I congratulate Mr. Anderson Judge Todd alluded to, I was designated and nearly 20 years in private practice. In upon his appointment. And I believe the ex- assigned by the Chief Judge of the United addition to his extensive litigation ex- pectations of the court will be fully fulfilled. perience, he also served as an adminis- States Court of Appeals for the Sixth Circuit I have two other observations to make. to sit in the Western District of Tennessee trative law judge for the Tennessee One, there is a section in Title 28, United while this court was awaiting the appoint- States Code, that makes it a high mis- Claims Commission and as an assistant ment and confirmation of a full complement commissioner for the Tennessee De- demeanor for any justice or judge of the of judges to the court, and I tried cases in United States to engage in the practice of partment of Transportation. Memphis and here in Jackson. In fact, I held law. I suggest to you that you ought not to Finally, although Judge Anderson court in the courtroom that is to be assigned touch that case topside or bottom. It’s the has been nominated by a Republican to Judge Anderson. only offense under federal law that is charac- President, he has strong support also During the luncheon recesses during a terized as a high misdemeanor. And it’s obvi- from Tennessee Democrats. A number lengthy trial, a jury trial that I presided ous that the Congress intended to make it an of west Tennessee Democrats wrote to over here in Jackson, I would take a tour of impeachable offense for a justice or judge to downtown Jackson, and I made an important the Judiciary Committee to urge con- engage in the practice of law. discovery. I learned that the gold standard And the last observation is to enjoy today. firmation of Judge Anderson, including for public speaking was established here in State Senator Roy Herron; Charles Take in all the applause. Soak it up and Jackson in 1831. On the north side of the enjoy the day. There’s a lot of misery ahead Farmer, the former mayor of Jackson; Madison County Courthouse there’s a mark- of you. There are going to be a lot of restless James Strickland, Jr., the former er that commemorates the fact that Davy nights, and there won’t be another day like chairman of the Memphis/Shelby Coun- Crockett was defeated for reelection to the this until your portrait is presented. So ty Democratic Party; Tommy Green, Congress. He addressed the voters of Jackson make the best of the day. the chairman of the Tennessee Munic- and West Tennessee and told them, and I Thank you, Judge. ipal League; and Mike McWherter, a quote, ‘‘You can go to hell. I’m going to JUDGE TODD: Thank you, Judge Higgins. Texas.’’ Now, that’s the gold-plated standard The PRESIDING OFFICER (Mr. NEL- prominent local businessman and son for making public remarks. of former Democratic Governor Ned And in that vein, I want to share with you SON of Nebraska). The Senator from McWherter. what I wrote to Judge Todd on July the 17th Vermont. It is worth noting that Mike when I learned that Mr. Anderson was being Mr. LEAHY. Mr. President, I wish to McWherter, who lives in Jackson, also considered for the position of United States thank my good friend, the Senator had formed an exploratory committee Magistrate Judge for the Western District of from Tennessee. As the Senator knows, to challenge me in this year’s race in Tennessee. And I quote, ‘‘This is good news he came to chat with me about this the Senate before deciding to spend for you, the chief judge, and the judges of the nominee. I was not aware of him. But more time with his family. So Judge United States District Court for the Western as soon as he did, I pulled the file, Anderson’s nomination is one issue District of Tennessee and for the litigants and public at large, I know Mr. Anderson looked at him, and I think we put him that would have united both parties’ well. He is an experienced and superb lawyer on for a hearing very shortly there- candidates on the campaign trail if and a perfect gentleman. As an advocate, he after. Mike McWherter had decided to be a represents his clients ably and with great I thank the Senator from Tennessee. candidate for the Senate. zeal. As an officer of the court, he is punc- I have respected his opinion and his

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2923 views for years, whether he was in the As part of this ongoing transition, erate their path to independence by Cabinet or here, and was happy to in the President announced earlier today passing a supplemental appropriations this case. I also wish to thank him for that he has accepted General bill that has been on request now for the kind words he said about me, as Petraeus’s recommendation to allow more than a year. well as those of Senator ISAKSON and for a 45–day period of evaluation and Our friends on the other side are Senator LINCOLN and Senator PRYOR. consolidation once the drawdown of rightly concerned about military readi- Mr. President, I have a longer state- surge brigades is complete. ness. I share their concern. But the ment to make, but I understand the Encouragingly, the President also best way to ensure the military’s readi- distinguished Republican leader wishes announced that Admiral Mullen and ness is not to scrap a plan that has to speak. Secretary Gates will now be able to re- been working in Iraq. The best way to I ask unanimous consent that I yield duce the tour lengths of soldiers de- ensure readiness is for Congress to to the distinguished leader without los- ploying to Iraq from 15–month to 12– quickly approve the Defense supple- ing my right to the floor, if that is month periods. This change in policy mental, without arbitrary withdrawal agreeable to him. will increase the amount of time our dates, and without nonsecurity spend- The PRESIDING OFFICER. Without soldiers and marines are able to spend ing. We also need to pass the regular objection, it is so ordered. at home between deployments, a wel- DOD appropriations bill. Mr. MCCONNELL. Mr. President, I come and richly deserved acknowledg- General Petraeus and Ambassador ask unanimous consent to proceed as ment of the service and sacrifice of the Crocker reminded us this week that in morning business. greatest fighting force on Earth. progress in Iraq is fragile and revers- The PRESIDING OFFICER. Without As U.S. soldiers and marines return ible, that much hard work lies ahead. objection, it is so ordered. home, they can be proud of the work We are encouraged by the advances POST-PETRAEUS WRAP UP they have done these last months. In they detailed, but we are also sobered Mr. MCCONNELL. Mr. President, addition to a decrease in violence, U.S. by the continuing short- and long-term Americans were vividly reminded this forces have paved the way for a cor- challenges to our interests in the Per- week that, as our Nation struggles to responding increase in the size and the sian Gulf. We can’t lose sight of the help Iraq on its way to becoming a sta- scope of the Iraqi Security Forces. need to meet these challenges. ble country that can defend itself and This so-called ‘‘surge’’ of Iraqi Secu- We need to help Iraq defend itself be an ally in the war on terror, we are rity Forces is three to four times larg- against Iranian-backed special groups fortunate to have men like Ambassador er than our own: the Iraqi Army has as part of a broader effort to check Ryan Crocker and Gen. David Petraeus ballooned by more than 100,000 over the Iran’s apparent desire to dominate the representing us in Baghdad. Their com- last year alone, and its ranks continue gulf. And, in the best traditions of U.S. mitment, determination, and skill in to expand. And local volunteer forces, foreign policy, we must continue to seeing America’s interests promoted the so-called ‘‘Sons of Iraq,’’ have deal with the sad effects that decades and preserved remind us that public swelled to nearly 100,000, a key factor of neglect by Saddam Hussein have vis- service is a high calling, and that good in improved security at the provincial men and women are still answering ited on the Iraqi people. level. Their integration into the Iraq General Petraeus and Ambassador that call in heroic ways. Security Forces is an important next Ambassador Crocker and General Crocker were clear about the chal- step. lenges we face. But they outlined a Petraeus outlined to the Congress and Young Iraqis are signing up to join plan for continued progress that is the country the complex challenges local police forces, to protect the Iraqi backed up by their achievements so they confront every day in advancing border against incoming foreign fight- far. They, and the Americans they are our strategic interests in the Persian ers, and for special operations that will Gulf. Their patience and profes- allow the Iraqis to track and kill high fortunate to lead in Iraq, have brought sionalism in doing so was commend- value terrorist targets on their own. us a good distance from where we were able. And it was an important reminder These are all encouraging signs. And just 1 year ago. And this week they to all of us that the men and women we are also encouraged by the political charted a realistic course moving for- serving in Iraq are well led. progress in Iraq. Though significant po- ward. Now it is time for the Senate to We were reminded this week that less litical benchmarks remain unmet, demonstrate the same commitment than a year after the counterinsur- progress on other significant bench- and professionalism as these two men, gency plan went into full effect, the se- marks that seemed far off just a few by giving our forces in the field what curity situation in Iraq has improved months ago is underway. they need. dramatically. Overall violence is down. The Iraqi Government is also begin- Mrs. FEINSTEIN. Mr. President, I Civilian deaths are down. Sectarian ning to show a new and welcome will- rise today in support of the nomination killing is down. Attacks on American ingness to shoulder more of the finan- of Judge John A. Mendez to the U.S. forces are dramatically down. And, as a cial burden for their own security and District Court for the Eastern District result of all this, General Petraeus was development. Iraq has committed, for of California. recently able to recommend to the instance, to gradually assume the sala- Let me begin by explaining the ur- President that our forces be drawn ries of the Sons of Iraq. And the Iraq C– gency of filling this judgeship. Simply down to the pre-surge level of 15 bri- 130 planes that were used to shuttle stated, the Eastern District of Cali- gade combat teams by July of this forces and supplies to Basra over the fornia is in a crisis. In 2005 and 2006, the year. last 2 weeks were built, of course, right district had the highest number of case None of us should underestimate the here in America. filings in the Nation. In 2007, the dis- complexity of managing this draw- Overall, Iraq now covers three- trict ranked second out of all 94 Fed- down. The logistical challenges in- fourths of the cost of its security eral judicial districts in the number of volved in transporting soldiers and forces. And we can now realistically ex- new cases filed. equipment safely and in large numbers pect the Iraqis at some point to assume Regrettably, the bench in the East- are immense, as are the operational the full cost of their own security. ern District has been understaffed challenges involved in repositioning On the development side, the Iraqis throughout this period of heavy case the remaining force in a way that are also on a path to self-sufficiency. filings. A temporary judgeship in the keeps pressure on al-Qaeida in Iraq As of last month, Iraq had purchased district expired in 2004 because the while continuing to protect the Iraqi more than $2 billion of goods and serv- Congress failed to extend it. As a re- people. But neither should we under- ices from the U.S. The most recent sult, average caseloads in the Eastern estimate the impact the surge has had Iraqi reconstruction budget vastly out- District increased by 18 percent from in delivering security gains, allowing spends the United States. And slowly 2004 through 2006, even as average case- for a responsible drawdown of thou- but surely, Iraq is approaching total fi- loads nationwide declined. of U.S. servicemembers, and in nancial control over large reconstruc- In this Congress, I am pleased to be a allowing for the transition of our mis- tion projects. cosponsor of S. 1327, which would recre- sion in Iraq, a transition that has al- As the Iraqis take over more of their ate the temporary judgeship in the ready begun. own needs, Congress can help accel- Eastern District. The bill has already

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Mr. President, it is nation of Catharina Haynes to the ships that already exist in the Eastern my pleasure to support the nomination United States Court of Appeals for the District. Judge John Mendez is the of Judge Catharina Haynes to the Fifth Circuit is being confirmed today nominee for a seat that was vacated in United States Court of Appeals for the by the Senate. June 2007. Fifth Circuit. She is a very well-quali- Mr. CARDIN. Mr. President, I rise in Judge Mendez is a native Californian fied and capable nominee to serve on opposition to the nomination of and is currently a judge on the Sac- the Fifth Circuit Court of Appeals Catharina Haynes to be a U.S. circuit ramento County Superior Court. He which hears appeals from the Federal judge for the Court of Appeals for the was born in Oakland and graduated District Courts of Louisiana, Mis- Fifth Circuit. with distinction from Stanford Univer- sissippi, and Texas. As a member of the Judiciary Com- sity, with a degree in political science. Judge Haynes has extraordinary aca- mittee, I have carefully reviewed Judge He went on to earn a law degree at Har- demic credentials. She graduated first Haynes’s confirmation hearing record. vard Law School. in her class with a degree in psy- I asked Judge Haynes several questions After law school he returned to Cali- chology from the Florida Institute of in writing after her confirmation hear- fornia and worked in private practice Technology at age 19, and she then fin- ing in February. I voted against her in San Francisco from 1980 to 1984. ished second in her class at Emory Uni- nomination in the committee last From February 1984 through July 1986, versity School of Law at age 22. While week, and I want to explain to my col- Judge Mendez served as an assistant in law school, she also served on the leagues my reasons for voting against U.S. attorney in San Jose. He was as- Emory Law Journal. her today. signed to the Criminal Division in the Since graduating from law school, Let me begin by saying that I do ad- U.S. Attorney’s Office and became a Judge Haynes has compiled a distin- mire Judge Haynes’s commitment to specialist in criminal law and proce- guished record in private practice and public service. She was elected to the dure. as a State court judge. bench in 1999 as a judge, 191st Judicial In 1986, Judge Mendez moved to Sac- In 1998, Judge Haynes was elected to District Court, in Dallas County, TX. ramento and returned to private prac- be a district court judge in Dallas, TX. She was reelected to the bench in 2002 tice. He focused on civil litigation and Four years later, she was reelected to and lost her reelection bid in 2006. She business litigation and rose to become that same position. While she was run- now serves as a partner at Baker, Botts a partner at the law firm of Downey, ning for reelection, the Dallas Morning in Dallas, TX. Brand, Seymour & Rowher. However, no one is entitled to a cir- Judge Mendez was appointed as U.S. News endorsed her and said of her: cuit court judgeship. In the vast major- attorney in San Francisco in 1992, the ‘‘(She) has energy, intelligence and a ity of cases, these courts are the final final year of George H.W. Bush’s Presi- strong commitment to the law.’’ They dency. He served as U.S. attorney for 1 further added, ‘‘She runs a fair, effi- law of the land for the States in their year and was personally involved in cient court.’’ circuit when it comes to interpreting major civil litigation and a criminal While working as a trial court judge, complex Federal statutes and our Con- appeal in the Ninth Circuit Court of Judge Haynes presided over 190 jury stitution. These judges have lifetime Appeals. trials and approximately 100 bench appointments and are second only to After leaving the U.S. Attorney’s Of- trials. She was able to dispose of over Supreme Court Justices in terms of fice, Judge Mendez was of counsel to 7,000 cases related to a full range of their power and authority. the law firm Brobeck, Phleger & Har- civil topics including complex commer- In reviewing her background, experi- rison in San Francisco from 1993 to cial disputes, commercial litigation, ence, confirmation hearing record, and 1995. In the summer of 1995 he returned insurance issues, personal injury, intel- her written responses to additional to Sacramento and joined the firm of lectual property matters, and employ- questions I posed to her, I am not con- Somach, Simmons & Dunn as a share- ment disputes. vinced that Judge Haynes is qualified holder. His practice included complex Having recently concluded her time for this position. commercial and environmental litiga- as a Dallas District Court Judge, Judge I start with the starkest fact about tion and white-collar criminal defense Haynes returned to private practice at Judge Haynes’s record: By her own ad- work, as well as counseling clients on the well-regarded national law firm of mission, Judge Haynes has never writ- regulatory compliance. Baker Botts, LLP, where she is a part- ten a single judicial opinion. In re- Gov. Gray Davis recognized his po- ner working in the litigation depart- sponse to the Judiciary Committee tential as a judge in 2001 and appointed ment. questionnaire asking for her opinions him to the Sacramento County Supe- While in private practice Judge as a judge, she stated that she had rior Court. Judge Mendez was elected Haynes has handled a wide range of none. She wrote that ‘‘[a]s a state dis- to retain that position in 2002 and con- complicated cases in before both State trict judge in Texas, I wrote orders (a tinues to serve as a superior court and Federal court. She has also argued few with explanations), jury charges judge today. cases before the Fifth Circuit Court of and findings of fact/conclusions of law, In addition to his service to the State Appeals, the court to which she is nom- but I did not write ‘published opinions’ of California, Judge Mendez has served inated. or ‘unpublished opinions’.’’ the legal profession through leadership Judge Haynes has been heavily in- A nominee for circuit court judge positions in the Hispanic National Bar volved with the local bar associations should have experience in writing sub- Association and the Sacramento Chap- and has volunteered extensively in the stantive judicial opinions. Judge ter of the Federal Bar Association. community. Haynes does not have this requisite ex- In California we have developed a bi- Judge Haynes has received numerous perience. partisan process for selecting Federal awards and professional honors, includ- Judge Haynes, by her own admission, district court nominees. Under this ing the 2006 State Bar of Texas Presi- has very little experience with crimi- system a committee of lawyers known dential Commendation, 2006 Florida nal cases. According to her response to as the Parsky Commission, which in- Tech Alumni Association Outstanding our committee questionnaire, she stat- cludes Democrats and Republicans, rec- Achievement Award, 2004 Dallas ed that her percentage of practice in ommends qualified applicants to the Women Lawyers Association Louise B. civil proceedings was 100 percent, and President. Raggio Award, 2003 Dallas Women Law- the percentage of her practice in crimi- I am proud of this system and pleased yers Association Outstanding Board nal proceedings was 0 percent. She also to report that Judge Mendez was rec- Member Award, and 1996 and 2002 Dal- responded that as a judge in Dallas

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He pre- ence does not give me confidence that tional legislation to prohibit discrimi- viously worked in private practice as she has a sufficient understanding of nation throughout the United States, the founder and owner of Anderson the criminal justice system and the including the Civil Rights Act of 1964 Law Firm in Jackson, TN. rights of defendants. and the Voting Rights Act of 1965. He served as a claims commissioner Judge Haynes, by her own admission, Mr. President, I recall the history of for the State of Tennessee Department did not write opinions. Rather, she the Fifth Circuit because I want to im- of Treasury and as assistant commis- wrote orders. Given that circuit court press upon my colleagues the impor- sioner for the Tennessee Department of judges are often the final say on the tance of this circuit in the history of Transportation. I acknowledge the sup- law of the land in a given circuit—due the country and the importance of this port of Senators CORKER and ALEX- to the low rate of granting certiorari circuit today. We are still struggling ANDER for this nomination. I congratu- by the Supreme Court—a circuit court today to guarantee civil rights to late the nominee and his family on his judge has an unusual amount of au- Americans today regardless of race. confirmation today. thority and decisionmaking power. Too many Americans are still Another nomination for a lifetime We do not have any meaningful track disenfranchised and unable to vote due appointment to the Federal bench is record on which to judge Judge to deceptive campaign practices tar- that of James Randal Hall for the Haynes’s views on substantive legal geted at scaring away minority voters. Southern District of Georgia. Mr. Hall issues such as civil rights, civil lib- Too many Americans still face employ- is currently a partner at the Augusta, erties, worker’s rights, reproductive ment discrimination or unequal pay. GA, law firm of Warlick, Tritt, freedom, environmental protection, Too many Americans are still treated Stebbins & Hall. consumers’ rights, employees’ rights, differently because of the color of their He previously worked as corporate or separation of powers. skin. vice president and legal counsel for Judge Haynes does not meet my test These judges serve for lifetime ap- Bankers First Corporation and worked for Federal judicial nominees since she pointments and will decide some of the in private practice for several other does not have the requisite experience most fundamental legal and constitu- Georgia law firms. Mr. Hall held the for a Federal appellate judge. tional questions for the Fifth Circuit Finally, I want to talk about diver- distinction of serving the people of the residents in Mississippi, Louisiana, and 22nd District of Georgia as a State sen- sity. The U.S. Court of Appeals for the Texas. I am not convinced that Judge Fifth Circuit, which includes Mis- ator. Haynes has either the experience or the I acknowledge the support of Sen- sissippi, Louisiana, and Texas, presides proven track record on protecting civil ators CHAMBLISS and ISAKSON and over the largest percentage of minority rights and equal rights under the law thank Senator FEINSTEIN for chairing residents, 44 percent—which includes for this position. African-American and Latino citi- the hearing on this nomination. I con- I yield the floor. gratulate the nominee and his family zens—of any of the regional circuit The PRESIDING OFFICER. The Sen- on his confirmation today. courts of appeal in the country outside ator from Vermont. of Washington, DC. Mississippi has the Mr. LEAHY. Mr. President, how Then we turn to the consideration of highest African-American population— much time remains to the Senator yet another nomination for a lifetime 36 percent—of any State in the coun- from Vermont? appointment to the Federal bench—the try. Louisiana has the second largest The PRESIDING OFFICER. There is nomination of John A. Mendez for the African-American population—32 per- 1 hour 43 minutes. Eastern District of California. Judge cent—of any State in the country. It is Mr. LEAHY. How much time remains Mendez currently serves as a judge on disappointing that none of President on the other side? the Sacramento County Superior Bush’s nominations to the Federal The PRESIDING OFFICER. There is Court. He previously served as the U.S. bench in this circuit were African 99 minutes 53 seconds. attorney for the Northern District of Americans. Only one of the Federal Mr. LEAHY. That is close enough; al- California and worked in private prac- judges that now sits on the Fifth Cir- most 100. tice. cuit is African American. Mr. President, today the Senate With this nomination, we continue As Chairman LEAHY stated at Judge turns to the consideration of another our work toward building a more rep- Haynes’s confirmation hearing, it was nomination for a lifetime appointment resentative Federal judiciary. I am the Fifth Circuit judges who took a to the Federal bench—Brian Stacy Mil- pleased that, when confirmed, Judge lead role in tearing down Jim Crow so- ler for the Eastern District of Arkan- Mendez will be the 58th Hispanic judge ciety in the South and in implementing sas. Judge Miller currently serves as a currently serving on our Federal bench the Supreme Court’s decision in Brown State appellate judge on the Arkansas and would become the only currently v. Board of Education in 1954. Indeed, Court of Appeals. He previously served active Hispanic judge in the Eastern the best known of these judges were as city judge in Holly Grove, AR, was a District of California. four judges called the ‘‘Fifth Circuit deputy prosecuting attorney for Phil- I thank Senators FEINSTEIN and Four’’ or simply ‘‘The Four’’ by oppo- lips County, AR, and worked for sev- BOXER for their support of this nomina- nents of civil rights, in a reference to eral years in private practice. tion. I congratulate the nominee and the Four Horsemen of the Apocalypse. With this nomination, we continue his family on his confirmation today. Burke Marshall, the Assistant Attor- our work toward building a more rep- Mr. President, the Senate makes sig- ney General for the Civil Rights Divi- resentative Federal judiciary. I am nificant progress today by confirming sion under President Kennedy, told The pleased that, when confirmed, Judge yet another appointment to one of our Nation in a 2004 interview that ‘‘those Miller will be the 88th African-Amer- important Federal circuit courts as four [Fifth Circuit] judges, I think, ican currently serving on our Federal well as four lifetime appointments of have made as much of an imprint on bench and the 74th African-American Federal district court nominations. American society and American law as serving as a district court judge. The circuit court nomination we are any four judges below the Supreme I thank Senators PRYOR and LINCOLN considering is that of Judge Catharina Court have every done on any court for their consideration of this nominee, Haynes of Texas. Her confirmation will . . . If it hadn’t been for judges like and I thank Senator FEINSTEIN for fill the very last vacancy on the impor- that on the Fifth Circuit, I think chairing the hearing on this nomina- tant court of appeals for the Fifth Cir- Brown would have failed in the end.’’ tion. I congratulate the nominee and cuit, but it is also a vacancy that has The Brown decision and its progeny his family on his confirmation today. been listed as a judicial emergency.

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I imagine Judge Haynes’ they can’t afford to fix it. Think about confirmed 100 judicial nominations. first phone call if confirmed this after- that in your State, when you are told When I reassumed the chairmanship noon, as I expect, will be to Senator that Federal dollars to help law en- last year, the committee and the Sen- CORNYN to say thank you. forcement protect Americans from ate continued to make progress with Despite the progress we continue to crime is no longer there because we the confirmation of 40 more lifetime make and will make today, some of the have to send the money to the Iraqi po- appointments of judges to our Federal rhetoric from the other side of the aisle lice force, a police force that cannot courts. That is more than were con- suggests that judicial confirmations is account for thousands of the weapons firmed during any of the 3 preceding the most pressing and unsatisfied need that we gave them until some of them years under Republican leadership and facing our country. Now with an eco- end up shooting at Americans. But certainly more than were confirmed in nomic recession facing Americans, somehow that money has to go to fix 1996, 1997, 1999, and 2000. What is the many would say already here, the mas- up Iraq, and we do not have it to fix up difference? A Democratic-led Senate sive job losses this year, and the home America. It has to go to Iraq while we did a lot better for a Republican Presi- mortgage foreclosures and credit, any are paying almost $4 a gallon for gaso- dent than a Republican-led Senate did partisan effort to create an issue over line, and Iraq has a huge budget sur- for a Democratic President. judicial confirmations is greatly mis- plus from $100-a-barrel oil. They ask us During this Presidency, while I have placed, and the American people can to pay for the reconstruction, and to served as Judiciary chairman, the Sen- see through that facade. pay for it, we take the money from re- ate will have proceeded after today to The recent job loss reports from the constructing America. That is a billion confirm 145 lifetime appointments in Department of Labor are dramatic. In dollars a day, $365 billion this year that only 3 years, compared to 158 during the first 3 months of this year the U.S. could be better spent not on Iraq but the more than 4 years of Republican economy lost 232,000 jobs. March on priorities such as health care for all control. When the Senate confirms marked the greatest loss of jobs during Americans, better schools, fighting Judge Haynes today—here we are in 1 month in at least 5 years. Instead of crime, treating diseases at home and April—we will have surpassed the total adding the 100,000 new jobs we would abroad. number of circuit judges confirmed by need each month to prevent unemploy- In contrast, one of the few numbers Republicans during the entire 1996 ses- ment from rising further, we have ex- going down as the President winds sion. It was easy to do because a Re- perienced 3 months in a row of signifi- down his tenure is that of judicial va- publican majority refused to confirm cant job losses. This year alone we are cancies. Judicial vacancies are less even one of President Clinton’s circuit already half a million jobs behind than half of what they were during the nominees, not one. Indeed, the first where we need to be just to stay even last Democratic administration, when confirmation of any judge that session and not lose economic ground. the Republican majority in the Senate didn’t even take place until July 10, Yet last week when I convened the chose to stall consideration of scores of and that was a district court. So we are Judiciary Committee to make progress nominees and maintained these vacan- also 3 months ahead of the schedule on bills to help homeowners in bank- cies, when they pocket filibustered followed by the Republican leadership ruptcy and to improve the False over 60 of President Clinton’s nomi- during that presidential election year. Claims Act to better target fraud, the nees. They succeeded in doubling the Some will undoubtedly repeat the priority of the Republicans was none of number of circuit court vacancies dur- partisan Republican talking point that these important legislative issues. In- ing those years and those vacancies the Senate must confirm 15 circuit stead, they engaged in a back and forth rose to a high of 32 with the resigna- judges for Congress to match a myth- on judicial nominations. This adminis- tions that accompanied the change of ical statistical average of selected tration is apparently more worried administration. years. God love those mythical statis- about the jobs of a small handful of By contrast, Democrats have helped tical averages. It is sort of like the controversial nominees—many, inci- reduce circuit court vacancies across man who puts one foot in boiling water dentally, who are not supported by the country to as low as 13 in 2007. and one foot in a block of ice and says: their home State Senators—than they That is going to be the number of re- On average, I am pretty darn com- are about the jobs and lives of hun- maining circuit court vacancies today, fortable. dreds of thousands of Americans. With after the confirmation of Judge Well, it is true that during the last 2 that massive loss of jobs, the Nation’s Haynes. So that is half of what they years of this President’s father’s term, unemployment rate has risen dramati- were at the end of the last Democratic with a Democratic-led Senate, we con- cally to over 5.1 percent. administration, when a Republican-led firmed an extraordinary number of cir- Let’s take a look at where we are Senate was in charge. cuit nominees: 20. It is true that during now. This is what has happened in this During the last Democratic adminis- the last 2 years of the Reagan adminis- Presidency. Unemployment has gone tration, the Republican chairman of tration, a Democratic-led Senate con- up more than 21 percent during this the Judiciary Committee argued that firmed 17 circuit court nominees. So Presidency. The price of gas has gone the 103 vacancies that then existed did what they are saying is, if we are going up more than 132 percent during the not constitute a vacancy crisis. I guess to use an average, we are going to use Bush Presidency. The number of unin- he meant that when you had a Demo- an average only when the Democrats sured has gone up 11 percent during the cratic President, it was not a crisis. He are in charge. Bush Presidency. The budget deficit also argued on numerous occasions Maybe it would be different if after has increased $590 billion, going from a that 67 vacancies meant full employ- we set those high records—Democrats quarter of a trillion dollar surplus to a ment on the Federal courts, if you had with a Republican President—that $354 billion deficit. The trade deficit a Democratic President. After today’s even a little bit of that had been recip- has gone up 87 percent. All these things confirmation, the Administrative Of- rocated. Well, it was not. Instead, the have gone up during the Bush Presi- fice of U.S. Courts will list 47 vacan- Republican-led Senate, with a Demo- dency. Meanwhile, judicial vacancies cies. That is 20 below what Republicans cratic President, made sure that judi- have gone down 46 percent, from 9.9 used to deem full employment, below cial vacancies skyrocketed to historic percent to 5.3 percent. And a lot of half. We have cut in half the vacancy levels. It actually got to the point that that, a significant part of that, hap- level they felt was appropriate for a Chief Justice Rehnquist, a conservative pened during a time when Democrats Democratic administration. In the 17 Republican, weighed in publicly to were in charge. months I chaired the Judiciary Com- criticize the Republican-led Senate.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2927 Republicans do not talk about what cheek. I have worked hard to improve Mr. LEAHY. If the Senator will yield, they did. I do not believe they can bear the treatment of nominees. To make they asked me several times, over a pe- an accurate comparison of what we progress, I even chaired the Judiciary riod of several weeks, to delay the have accomplished and what they did Committee’s hearing on the circuit vote. not. nomination before us today during a Mr. CARDIN. I say to the Senator, I So I wonder when the Republican congressional recess. I said that we think you have been abundantly fair in leader and others who come to the would treat this President’s nominees scheduling these hearings. You men- floor with accusations about slow- more fairly than the Republicans treat- tioned Judge Haynes’s confirmation. I walking nominations will explain their ed President Clinton’s, and we have. happen to oppose that nomination, but roles during the Clinton years—espe- We have not pocket filibustered more I have made no efforts at all to delay cially the over 60 they pocket filibus- than 60 of this President’s judicial the consideration of that nomination, tered, something joined by every Re- nominees, as was done to President which has been true, I think, of all the publican member of the Senate Judici- Clinton’s nominees. We have not op- members on our side. ary Committee. posed them in secret or anonymously. Mr. LEAHY. Mr. President, I thank Why was it that during the 1996 ses- In fact, during my chairmanship, the the distinguished Senator from Mary- sion—the end of President Clinton’s views of home State senators, as re- land, who has been a tremendous help first term—the Republican-led Senate flected in the ‘‘blue slips’’ submitted to and a key member of our committee. refused to confirm a single circuit the committee, were made public for As I said before, if Judge Haynes is nomination? the first time. No more secret holds. confirmed today, the Fifth Circuit will Why was it that Bonnie Campbell, We did not allow that. We have consid- have no vacancies. We have proceeded the former attorney general of Iowa, ered nominations openly and on the despite the fact that 12 of the 16 active who was supported by both Senator RECORD. We have proceeded with con- judges on this court have been ap- HARKIN, a Democrat, and Senator sideration of nominees whom I op- pointed by Republican Presidents. I did GRASSLEY, a Republican, was never posed, something that never happened this notwithstanding the fact that Re- even allowed to be considered by the under previous Republican leadership. publicans blocked President Clinton’s Judiciary Committee, to say nothing If the Republican chairman opposed nominees. Judge Jorge Rangel, of about the full Senate, after her hear- them, they never even got a consider- Texas, Enrique Moreno, of Texas, and ing? ation. Alston Johnson, of Louisiana were all Why was it that Kent Markus, of I am glad we have Judge Haynes here blocked. They were told they could not Ohio, a law professor, a former high- because if she is confirmed, then the even have hearings because it was a ranking Department of Justice official, Fifth Circuit will have no vacancies. I Democratic President. We have not who was supported by both his home was almost worried whether she would done that. Every one of these circuit State senators—both Republicans, inci- get here. court nominees has had a hearing and dentally—was never considered by the Even though she was already on the a vote. In fact, I have held hearings on Judiciary Committee or this Senate? Judiciary Committee’s agenda, she ap- all six of the Fifth Circuit nominees of Why was it that so many circuit va- peared at a political, partisan function this President during my chairman- cancies were left without any nominees at the White House, where they were ship. With today’s vote, the Senate will considered during the last years of the demanding that she be put on the agen- have voted on all of them. last Democratic administration when da. Of course, she was already there. It Just understand this: Republicans Republicans controlled the Senate? had been noticed for a couple days. would not hold hearings on President I remember one. When I asked them Then, when we were set to vote on her Clinton’s nominees to that circuit. I about that one, they said: Well, we last week, Republicans almost filibus- have held hearings on them, and we can’t have her. We are not sure of her tered her nomination. They talked so have voted on them all. And we will qualifications. That nominee is now much, we virtually ran out of time, and hear these crocodile tears on the other the dean of the Harvard Law School— I had to keep this committee in an side that: Oh, woe is me, we are not one of the most prestigious legal posi- extra 10 minutes; otherwise, she would getting any circuit judges. Well, most tions in America. not have been confirmed. It was then of the time I have ignored it because it So Republican Senators have many that I realized what was happening— has been such balderdash that it is questions to answer before they level just like in February, when they re- hard to think that anybody would be- accusations of any kind. To any objec- fused to show up and make a quorum lieve it. But just in case somebody has tive observer, the answer is clear. The throughout the whole month of Feb- been fooled by it, I thought we would Republican Senate chose to stall con- ruary. If they had shown up, we would put the numbers in the RECORD. sideration of circuit nominees and have passed out a number of judges. In fact, vacancies on the Fifth Cir- maintain vacancies during the Clinton But they were planning to give speech- cuit are at an alltime low—zero after administration in hopes they would es saying we are not passing out today. Contrast this with the situation have a Republican Presidency. Vacan- judges, so they would not show up to during the Clinton years, when the cies rose to over 100. Circuit vacancies make sure that happened. Chief Judge of the Fifth Circuit de- doubled. But as soon as a Republican Mr. CARDIN. Mr. President, will the clared a circuit emergency because Re- President was elected, they sought to chairman yield? publicans were pocket filibustering all turn the tables and take full advantage Mr. LEAHY. Mr. President, I will of President Clinton’s nominees. That of the vacancies they prevented from yield without losing my right to the circuit-wide emergency was due to being filled. Well, they have been ex- floor. multiple, simultaneous vacancies traordinarily successful. Currently, The PRESIDING OFFICER (Mr. NEL- caused by the fact that the Republican- more than 60 percent of active judges SON of Florida). Without objection, it is led Senate would not act on the nomi- on the Federal circuit courts were ap- so ordered. nees of a Democratic President. pointed by Republican Presidents, and The Senator from Maryland. Mr. President, I ask unanimous con- more than 35 percent have been ap- Mr. CARDIN. I thank the chairman. sent that, without losing my right to pointed by this President. I say to the Senator, I want to com- the floor, I be allowed to yield to the Another way to look at their success pliment you for the fairness in which distinguished majority leader. and compare the better treatment you have conducted the confirmation The PRESIDING OFFICER. Without shown to this President is to observe process. It is interesting, on the most objection, it is so ordered. that the Senate has already confirmed controversial nominee we had, the vote Mr. REID. Mr. President, I so appre- more than three-quarters of this Presi- was delayed at the request of the Re- ciate my friend yielding for me to say dent’s circuit court nominees, com- publicans. a few words prior to these votes start- pared to only half of President Clin- Mr. LEAHY. That is right. ing. Mr. President, if there is inad- ton’s circuit nominees confirmed by a Mr. CARDIN. We were prepared to equate time, I will use my leader time. Republican-controlled Senate. vote. They wanted more time in order I think we do have an hour left on our Now, as chairman of the Judiciary to get enough support to get that side, so I think we have plenty of time. Committee, I have turned the other nominee out of the committee. Is that right?

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2928 CONGRESSIONAL RECORD — SENATE April 10, 2008 The PRESIDING OFFICER. There is Republican complaints about the cur- we should not confirm nominees who 1 hour 20 minutes remaining. rent process must be considered in that are out of the mainstream and who are Mr. REID. Mr. President, the judge light. unacceptable, for example, to the home situation with me is very touchy. I For example, one Clinton nominee— State Senators. have written a book. It will be coming and there were lots we could use as ex- The judicial confirmation process has out in a few weeks. In that book, I have amples and talk about here—One Clin- been the subject of much acrimony said—and as I have said a number of ton nominee, a distinguished Missouri over the years. I talked about it a little times on the floor—the most important Supreme Court justice named Ronnie bit earlier. To think what the Repub- issue I ever worked on in all my polit- White, was defeated on a party-line licans were going to do. It is hard for ical career is when the Republicans vote after Republicans accused him of me to comprehend that they were will- tried to turn the Constitution upside being pro-criminal. Pro-criminal. How ing to do that, but they were. Senator down with their so-called nuclear op- do you like that? Another nominee, LEAHY and I have worked hard to dif- tion. To think that they would throw Elena Kagan, is now the dean of the fuse those tensions, and I think we away basically having the Senate be Harvard Law School. I don’t know if have done a pretty good job. We have the Senate. But they were willing to do Harvard is the best law school in the done it because we believe there are that until seven courageous Democrats country. I don’t know if Yale is the judges who need to be confirmed. We and seven courageous Republicans best law school in the country. I don’t believe the confirmation of five judges stepped in and said: Enough is enough. know if Stanford is the best law school today is another step in that process. The person who has gotten all the in the country. But Harvard is a really I was so disappointed—and I ex- abuse on our side is not me, not Sen- good law school, and she is the dean of pressed this privately to the Repub- ator Daschle; it has been the Senator that law school. She was even denied a lican leader today—we bring to the from Vermont, Mr. LEAHY. hearing because the Republicans floor five nominees today, and they I want to do everything I can to proc- claimed the court to which she was spend all morning beating up on you. It ess judges. I believe in quality, not nominated didn’t have enough work to is kind of a strange world we live in quantity. We are going to do the very do. How about that? here. Why did they have to do it today? best we can. We have a majority. It is So without going on more, other than What does that show? very thin. We are going to treat the to say the Republican record as to how We moved forward on these. We could minority very fairly, as has been indi- it processed Clinton’s nominees is dis- have done two of them today, and a lot cated in what my friend, the distin- mal. Complaints about Chairman of the Members would be happy. But if guished chairman of the committee, LEAHY should ring hollow, to say the we didn’t do them all today—it is going has said. least. to take a lot of time but we decided, I commend Chairman LEAHY for his The fact is, 140 of President Bush’s let’s do these. It is a showing of good work, not these last few months during judicial nominations—90 percent of faith. I am the one who talked to the this year, not last year, but for his en- them—have been confirmed in the chairman of the committee and said tire career in the Judiciary Com- years the Democrats have been in con- let’s do them all. All they do is come mittee, as the chairman and ranking trol of the Senate. Last year the Sen- out and beat the daylights out of him member, which I have been able to ate confirmed 40 judges, more than dur- all day. watch up close. He has done a remark- ing any of the 3 previous years with the Mr. LEAHY. Mr. President, would the ably good job under very difficult cir- Republicans in charge. Senator yield? cumstances. How he was treated when After we confirm Catharina Haynes Mr. REID. Yes. he was in the minority is something today, more than 75 percent of Presi- Mr. LEAHY. No. 1, I can’t tell my the history books will recount as some dent Bush’s court of appeals nomina- dear friend from Nevada how much of the low days of the history of this tions will have been confirmed. In con- what he has said has meant. He has institution. trast, during the 8 years that President told me similar things in private as Senator LEAHY and I decided that it Clinton was President, they confirmed well as in public. He and I have been is not payback time. We were going to 50 percent. So if we stop right now, we close friends for well over 20 years, and do to the Republicans what they did would be 25 percent ahead of them at he knows of my huge respect and affec- not do to us: treat them fairly. We the end of this year. tion for him. have done that. Well, we are not going to stop now; I chuckled as he put his finger on the My friends have criticized the chair- we are going to try to process more of issue, as he always does—the man from man for the pace of judicial confirma- these nominations. Our treatment of Searchlight shines the light on what tions in this Congress. There is a Yid- President Bush’s nominees has been happens—and talked about this kabuki dish word for those Republican com- more than fair and fully in keeping show we saw this morning on the floor, plaints: ‘‘chutzpah.’’ What they have with the Senate’s constitutional duty criticizing me especially for moving complained about is absolutely without to provide advice and consent to Presi- judges. It kind of reminds me of what any foundation or basis—in fact, the dential nominees. happened in February where we had gall to have them do that. The Republican leader, my friend—I markups to confirm judges and the Re- Now, Mr. President, during the years know how much he cares about these publicans would not show up. We won- President Clinton was sending judicial judges—talks about the fact that there dered, why wouldn’t they show up for nominations to the Republican-con- has been some kind of an agreement their own judges? Why wouldn’t they trolled Senate, more than 60 qualified that we would confirm 15 of the Presi- show up when they were given a chance nominees were denied floor votes. The dent’s court of appeals nominees in to get out these judges? And then I find chairman referred to them as pocket this Congress. We are going to do our out. They were all giving speeches say- vetoes. Many were even denied a com- very best to process nominations. But ing it is terrible we are not getting out mittee hearing. In 1999, more than 6 it would be a good idea—and we could judges. Well, if they had shown up, of months went by before Chairman process a few more—if the Republicans course, the speeches could not be given. HATCH agreed to process any judicial on the Judiciary Committee would It is kind of damned if you do and nominations. show up at the hearings that the chair- damned if you don’t. As I have said many times, we should man holds so he could have a quorum. I said when I became chairman the not hold a grudge. We are not doing Chairman LEAHY and I are not mak- first time and again the second time I that. We should not live in the past. ing any specific numerical commit- would not do to them, or to President But as a result of the Republican tac- ment on behalf of Democrats. I said in Bush, what they did to President Clin- tics during the Clinton years, some of a floor statement last May 10 that we ton and to us, and I have not. I do not the vacancies President Bush wants to should measure the quality of nomi- intend to. I told the President that. fill are illegitimate vacancies—the nees, not the quantity of the nominees. But I would like to see a little bit of seats are only vacant because the Sen- We should confirm mainstream, capa- cooperation from the White House in ate unreasonably withheld its consent ble, experienced nominees who are the working with home State Senators and to President Clinton’s nominations. product of bipartisan cooperation. But in working with us not to get

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Mr. REID. Mr. President, I yield the history of segregation into civil rights I want to be able to confirm that. If floor. for all, some of those judges were that is the case, I am prepared to begin The PRESIDING OFFICER. The Sen- among the most courageous this Na- in the next 5 minutes or so. I withhold ator from Vermont has the floor. tion has known. the remainder of my time. Mr. LEAHY. Mr. President, as I said I wish I knew more about Judge The PRESIDING OFFICER. The Sen- to the leader, I would still rather see us Haynes’s attitude about civil rights ator from Pennsylvania is recognized. work with the President on the selec- than her record and testimony reveal. Mr. SPECTER. Mr. President, I ask tion of nominees the Senate can pro- But I listened to what the distin- the chairman if his willingness to begin ceed to confirm than waste precious guished Senator from Texas said, and I in 5 minutes would leave me 5 or, per- time fighting about controversial vote in favor of confirmation with the haps, 3 minutes. The Senator from nominees to score political points. I hope that she will treasure and follow Georgia wants 4 minutes, and I would will give an example. We have a State the example of earlier judges in that only have 1 minute. My question to the with a highly respected Republican court who made such a passionate com- chairman would be, as a vocal, out- Senator and a highly respected Demo- mitment to the rights of all Ameri- spoken, voluminous proponent of fair- cratic Senator, and they worked to- cans. ness, if he thinks 1 minute would be gether to make recommendations that So I congratulate her and her family sufficient to reply to the better part of were completely out of any kind of par- on what I expect will be her confirma- an hour, which he has taken. Perhaps I tisan politics. They sent a list of sev- tion today. can answer that myself. I don’t think eral people who had gone through the We have five nominations. I had been it would be sufficient. screening committee, talked to every- told the leadership has been talking Mr. LEAHY. To answer that ques- body on the bar—Democrats, Repub- about having rollcalls. We still have a tion, the Senator from Pennsylvania is licans, people with no political affili- fair amount of time on both sides; am one of the most articulate, best trial ations—and said: Look, here is a list of I correct? attorneys in this place. He could do in the best people we could possibly find The PRESIDING OFFICER. The ma- a minute what others would take an in our State. White House, you go jority has 1 hour 5 minutes remaining. hour to do. I did try to take far less ahead and pick whomever you want out The minority has 100 minutes remain- time than was used to attack me this of this group. We are happy with them. ing. morning. They came and talked to me, and I Mr. LEAHY. Mr. President, because I Mr. SPECTER. Well, we have heard said fine. I have huge respect for both have been asked by both Republican the magnanimity of the chairman on the Republican Senator and the Demo- and Democratic Senators, with the this one circuit nominee. So far this cratic Senator, and I am sure we can American Airlines snafu and other year, we have not confirmed any Fed- move them through. Do my colleagues things as we are trying to get flights eral judges. We have heard the mag- know what happened. The White House out of here, I might ask the distin- nanimous comments by the chairman rejected that and sent up a totally con- guished Senator from Pennsylvania about Catharina Haynes. We might not troversial person. Again, the fund- how soon he would be willing to start have had one. We didn’t have a hearing raising letters went out touting how we votes if I were to yield back all time. from September 25 to February 21. I have to have this person. Both of the Mr. SPECTER. Well, Mr. President, I don’t think an argument of being mag- Senators said they would not return a am not quite sure about that. I am nanimous pertains. positive blue slip; they wouldn’t sup- quite sure that I waited here for 40 I don’t blame the chairman for de- port this. It was not somebody they minutes for somebody to appear to parting the Chamber. He might not wanted to have on their record as sup- start this debate, and I am quite sure like to hear what I have to say in re- porting. we have heard very extensive discus- sponse; although, I sat through his en- The White House finally withdrew sion by the Democrats, but my practice tire speech. I will not comment on his that name. It went back to those Sen- is to be brief. I believe I will speak no departure beyond what I have already ators, and I am told by the Senators more than 15 minutes, perhaps 20 at the said. they have a nomination now that both outside. I hate to so understate it, but In listening to the presentation by will support for the circuit court of ap- I don’t think it takes a whole lot of the Senator from Vermont, I would peals, and that person will go charging time to refute what the chairman and have thought he was running for Presi- through. the majority leader have said. So I dent. He had this big, flamboyant chart I recall another nomination this think we are ready to start fairly soon. about the Bush Presidency. The chart White House had made, strongly op- If we had some indication as to how had statistics on the unemployment posed by the two Senators, one of the many rollcall votes we will have—if we rate going up, gas prices going up, the more senior Members of the Senate, have five, which will take us several budget deficit going up, the trade def- from their State. Those Senators said hours, I might be a little more disposed icit going up, and the number of unin- they did not want this nomination to to be even briefer, if I had some indica- sured people going up. For a moment, I go through and it did not. I still hear tion of that. thought I was listening to Senator HIL- how terrible it was we did not confirm Mr. LEAHY. Mr. President, I am LARY CLINTON. And then, I thought I that nomination, even after the nomi- going to talk to the Senators who have might be listening to Senator OBAMA. nee pled guilty to criminal fraud. proposed these nominations. I have Had either of those Senators been mak- I can think of other examples of peo- been a little bit more lengthy than nor- ing that speech, I could understand the ple whom my Republican colleagues mal, but that is after several hours purpose, but it is a little hard to under- came and said: We really don’t want to that have been spent on the floor of the stand the purpose of the comments by go with this person because of their sit- Senate being critical of me—I did not the chairman. uation back home—without going into respond to that until now—just as a When the chairman talks about Re- a further description. great deal of time was spent in the publicans not showing up for com- Now, Judge Catharina Haynes—and I Senate Judiciary Committee being mittee meetings, he is in fantasyland, see my friend, the distinguished Sen- critical of me which I did not respond as are a good many of his comments. ator from Texas on the Senate floor, to; otherwise, we would not have Judge I ask unanimous consent to have Senator CORNYN—Judge Catharina Haynes on the floor today because the printed in the RECORD a detailed rebut- Haynes is a former Texas State trial Republicans would have filibustered tal. It would take considerable time to judge in the 191st District Court for the her nomination. answer specifically, but this can be in

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RECORD, as follows: have seen is a practice going on now Take a look at the waiting periods: Assertion: Chairman Leahy has asserted for two decades—20 years—since 1986, Robert Conrad in the Fourth Circuit, a the Republicans boycotted markups in Feb- so it is 22 years now—starting with the judicial emergency, waiting over 260 ruary when he was trying to move nomina- last 2 years of the Reagan administra- days; Raymond Kethledge in the Sixth tions tion, 1987 and 1988, when the Democrats Circuit, a judicial emergency, waiting Rebuttal: Republicans did not boycott had control, nominations were slowed over 650 days; Stephen Murphy also in Committee business meetings or obstruct the Committee’s ability to vote out judicial down to a crawl. And then the same the Sixth Circuit and a judicial emer- nominations. thing occurred during the last 2 years gency, waiting over 650 days. Shalom Between the first business meeting of 2008 of the first President Bush. Then Re- Stone in the Third Circuit, a judicial (Jan. 31) and the April 3 business meeting publicans retaliated with gusto in emergency, has been waiting over 250 when Chairman Leahy made the above asser- kind, exacerbating the problem. days. Tom Farr in the District Court of tions, the Committee had held only four The one thing I agree with the Sen- North Carolina has been waiting over business meetings (Jan. 31, Feb. 14, Feb. 28, ator from Vermont on is that the Clin- 490 days. James Rogan has been wait- and March 6), and had held two judicial ton nominees were not treated fairly. ing over 450 days. The list goes on and nominations hearings (Feb. 12 and Feb. 21), That is true. They were not treated even though the Senate had been in session on. Peter Keisler is a very distin- eight weeks. fairly, and I said so at the time. I guished nominee who has an extraor- Neither the Jan. 31 meeting nor the Feb. 14 crossed party lines to support qualified dinary record, and I ask unanimous meeting agendas listed any judicial nomina- Clinton nominees. But, what is hap- consent that his resume be printed in tions. pening in this body is just ratcheting it the RECORD. A total of five executive nominations were up again and again. And then, after There being no objection, the mate- listed on Jan. 31 and Feb. 14 meeting agen- President Clinton’s term, we had the rial was ordered to be printed in the das. virtual disintegration of institutional Even though no judicial nominations were RECORD, as follows: listed on the Feb. 14 meeting, PI Ranking prerogatives around here due to filibus- PETER DOUGLAS KEISLER Member Specter arrived at the meeting early ters that were conducted by the Demo- UNITED STATES CIRCUIT JUDGE FOR THE and, finding no other Committee Members crats on the Bush nominees in 2004 and DISTRICT OF COLUMBIA CIRCUIT present, left to testify before the Senate Fi- 2005. Birth: October 13, 1960, Hempstead, New nance Committee. When he returned, the The majority leader talks about the York. meeting had been adjourned. According to constitutional option. Well, the con- Legal residence: Bethesda, Maryland. Committee records, Senators Leahy, Spec- stitutional option was not pursued by Education: B.A., Yale University, 1981, ter, Kohl, Schumer, Durbin, Kyl, and Republicans. There were sufficient Re- Magna Cum Laude; J.D., Yale Law School, Brownback were the only Members present publicans to have put the constitu- 1985, Note Editor, Yale Law Journal. before adjournment. Employment: Law Clerk, Judge Robert H. The Feb. 28 meeting was the first to list ju- tional, or nuclear option, into oper- ation. There were sufficient Repub- Bork, D.C. Circuit Court of Appeals, 1985– dicial nominations and only listed two dis- 1986; Assistant Counsel, Office of the Counsel trict court nominees—Brian Miller (AR) and licans to do that. Under the plan, it to the President, 1986–1987; Associate Coun- James Hall (GA). would have taken 51, but the Repub- sel, Office of the Counsel to the President, A total of four Republicans and five Demo- licans did not do that, notwithstanding 1987–1988; Law Clerk, Justice Anthony M. crats were present at the Feb. 28 meeting be- the Democrats’ provocation. Kennedy, Supreme Court, 1988; Associate, fore Senator Specter left at 10:17—hardly a The majority leader said, ‘‘We have Sidley, Austin, Brown & Wood, 1989–1993, boycott. A fifth Republican, Senator Hatch, been fair to Republicans.’’ That com- Partner, 1993–2002; Acting Associate Attor- arrived after the gavel. (According to Com- ney General, United States Department of mittee records, Specter arrived at 9:59, ment sort of approaches this issue as if it is a private boxing match between Justice, Oct. 2002–March 2003; Principal Dep- Coburn 10:00, Feinstein 10:02, Leahy 10:03, uty Associate Attorney General, United Durbin 10:04, Cardin 10:05, Kyl 10:08, Grassley Republicans and Democrats and an States Department of Justice, June 2002– 10:16, Kohl 10:17, Hatch 10:19 after the gavel) issue of fairness between Republicans June 2003; Assistant Attorney General, The next meeting was held on March 6 and and Democrats. Well, that is not the United States Department of Justice, Civil the Committee voted out four district court issue. The issue is what is fair to the Division, July 2003–September 2007; Former nominees: Brian Miller (AR), James Randal American people. We are not here to Acting Attorney General, United States De- Hall (GA), John Mendez (CA), and Stanley spar, to argue or to fight; we are here partment of Justice, September 2007–Novem- Anderson (TN). According to Committee ber 2007. records, Senators Specter, Hatch, Grassley, to do the people’s business. How fair is it to the American people to have these Selected activities: Member, Advisory Kyl, Cornyn, Coburn, Leahy, Biden, Kohl, Committee on Civil Rules; Director & Sec- Feinstein, Feingold, Schumer, Durbin, and nominations delayed where there are retary, Federalist Society for Law and Pub- Cardin were all present for the Committee judicial emergencies in the courts of lic Policy, 1983–2000; Member, Maryland Bar vote on the nominations. the United States? This is not ARLEN Association; Member, District of Columbia Kevin J. O’Connor, nominee to be Asso- SPECTER’s idea. The Judicial Con- Bar Association; Member, Pennsylvania Bar ciate Attorney General and Gregory Katsas, ference determines what is a judicial Association; Member, American Bar Associa- nominee to be Assistant Attorney General emergency. tion. for the Civil Division, who were listed on the ABA rating: Unanimously Well Qualified. Feb. 14 agenda, were also voted out on March There is a judicial emergency in the 6. Fifth Circuit, the court to which Mr. SPECTER. Mr. President, Peter Catharina Haynes was the only judicial Catharina Haynes is nominated and up Keisler has waited for 650 days, and nomination listed on the April 3 meeting for a vote today. How long has she soon, it will be the 2-year anniversary agenda and was the first circuit court nomi- waited? It has been over 260 days. Now, of his nomination. So the real question nation listed on a Committee meeting since I don’t consider it relevant as to is not fairness to Republicans; it is a Nov. 1, 2007 (5 months ago). whether it is fair to Republicans; I con- question of fairness to the American It is unclear what ‘‘boycott’ Chairman Leahy is referring to given that the Feb- sider the question whether it is fair to people. The American people have not ruary 28 meeting was the only one between Americans—the people who live in the been treated fairly, and they have not January 1, 2008 and February 28 that listed Fifth Circuit who have had to wait for been treated fairly by the Democrats, judicial nominees and a quorum was not decisions to be made by an under- and they weren’t treated fairly by Re- reached by 10:15 even though four Repub- staffed court. It may be a statistic to publicans when President Clinton sent licans were present. those of us who hold lofty positions— nominees to this floor. Mr. SPECTER. Now, when the major- and it is a great privilege to be a Sen- It is high time this stops. That is ity leader came to the floor and talked ator. It may be a statistic to us, but if why I have introduced a resolution about turning the Constitution on its somebody has filed a lawsuit who has that would establish a protocol. The head with the constitutional option, he been injured, say, in an automobile ac- protocol would be, after a nominee is

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Does he rogatives to nominate and the Senate’s I believe the Republican caucus is want us to undo that? duty to consent or not to consent. right today in its position, and I am Let me do this. I ask unanimous con- The majority leader made a big to-do prepared to lead the caucus on the sent that at 5 minutes of 6, all time be about its being a matter of quality, not issue. That is my job in my capacity as yielded back and the Senate go to a a matter of quantity. Well, if the ma- ranking member. When the Republican vote on the nomination of Brian Stacy jority doesn’t like the quality, all they caucus was wrong, I said so, and I voted Miller of Arkansas. have to do is vote the nominee down. with the Democrats on the Clinton The PRESIDING OFFICER. Without All I am asking for is up-or-down votes. nominees. objection, it is so ordered. If they don’t like the quality, say so. Mr. LEAHY. Mr. President, will the Mr. LEAHY. I ask unanimous con- Say so. I think that, on an examina- Senator yield for a unanimous consent sent that the yeas and nays be ordered tion of the record, there would be no request so we can move on? on Brian Stacy Miller. real issue about quality. These are Mr. SPECTER. Surely. The PRESIDING OFFICER. Without quality people. But, if I am wrong, and VOTE ON THE NOMINATION OF CATHARINA objection, it is so ordered. their judgment is to the contrary, I HAYNES TO BE UNITED STATES CIRCUIT JUDGE Is there a sufficient second? will abide by that. Vote no. Don’t con- Mr. LEAHY. Mr. President, I ask There appears to be a sufficient sec- sent. Follow the Constitution and don’t unanimous consent that the Senate ond. consent. call up the nomination of Catharina The yeas and nays were ordered. We have real problems with going Haynes of Texas to be United States The PRESIDING OFFICER. The Sen- forward when the chairman talks about Circuit Judge for the Fifth Circuit, ator from Georgia. judicial vacancies not being the most that the nomination be confirmed and Mr. CHAMBLISS. Mr. President, I pressing problem in comparison to un- sent to the President. rise today to express my support for employment, the economy, and Iraq. I Mr. SPECTER. Mr. President, I don’t James Randall Hall to be United States agree there are problems of greater im- understand the import of that ques- District Judge for the Southern Dis- mediacy. But, we have time to handle tion. trict of Georgia. Randy Hall is su- them all. We might have to work on Mr. LEAHY. The Senator is talking premely well qualified to fill this posi- Mondays and Fridays. A lot of Ameri- about ways to move forward. I am ask- tion. cans work on Saturdays. We could ing by consent that we confirm by I am pleased the Senate will finally come in a little earlier, and we could voice vote Calendar No. 515, Catharina have an opportunity to vote on Randy’s use the floor time a little more effi- Haynes to be a Fifth Circuit Judge. confirmation today. If confirmed, ciently. Mr. President, is the Senator going Randy will fill the vacancy created on I do believe it is time we took stock to object? August 2, 2006, when Judge Avant in what we are doing in this body. You Mr. SPECTER. Mr. President, Sen- Edenfield took senior status. The can cite the statistics in many dif- ator LEAHY and I have something on Southern District of Georgia is des- ferent directions, but I think the real which to agree. I agree. ignated as a judicial emergency, as just critical statistics are what has hap- The PRESIDING OFFICER. Without referred to by Senator SPECTER, by the pened in the last 2 years during Presi- objection, it is so ordered. The nomina- nonpartisan Judicial Conference of the dent Bush’s Administration in com- tion is confirmed. United States. This means the court parison to President Clinton’s final two Mr. LEAHY. Mr. President, I ask dockets of the Southern District of years. There is a decisive discrepancy unanimous consent that both sides Georgia are too busy and that litigants there. A Republican Senate confirmed yield back their time and we begin are waiting too long for results. 15 of President Clinton’s circuit judges with a vote on Brian Stacy Miller of To that end, I thank the chairman of in his final two years in comparison to Arkansas, which will be a rollcall vote, the Judiciary Committee, the Senator 6 for President Bush before the nomi- and if rollcall votes are required on the from Vermont, Mr. LEAHY, as well as nees are considered today. I hope it subsequent nominations, that they be the distinguished Senator from Penn- will go up to 7. President Clinton had 10-minute rollcalls. sylvania, the ranking member, Mr. 57 district judges and President Bush Mr. SPECTER. That they be voice SPECTER, for their efforts and that of had 34, and I expect it will go up to 38 votes? their staffs for shepherding Randy’s today. Over the 8-year terms of the two Mr. LEAHY. No. I should advise, I nomination through the Judiciary Presidents, President Clinton had 65 will ask, if time is all yielded back, for Committee. circuit judges and President Bush had the yeas and nays on Brian Stacy Mil- Randy Hall is a native of Augusta, 57; President Clinton had 305 district ler, but if the yeas and nays are re- GA. He graduated from Augusta Col- court judges, and President Bush had quested on the subsequent nominees, lege in 1979 and from the University of 237 judges. that they be 10-minute rollcalls, al- Georgia School of Law in 1982. His pri- So I hope we can move through the though subsequent to the Brian Stacy vate practice has focused on commer- morass we find ourselves in. If we Miller, the first one. cial real estate, banking, corporate don’t, there is going to be an election Mr. SPECTER. May I inquire of the matters, and commercial litigation. this year, and there may be a Demo- distinguished chairman if he intends to During his years as a private attorney, crat in the White House. I don’t know ask for the yeas and nays on the other he built an impressive legal resume. He what is going to happen. It is a close nominees? served as general counsel of Bankers matter. The American people will de- Mr. LEAHY. Why don’t we begin with First Corporation for over a decade, cide that. this nomination, and the distinguished managing the entire legal function of At some point, there will be another ranking member, who is one of the the billion dollar corporation, includ- Democrat in the White House, if not on closest friends I have in this body, and ing securities matters, State and Fed- this election, and there will be retalia- I may discuss that during that rollcall eral regulatory matters, litigation, tion because one insult begets another. vote. real estate acquisition and develop- As one side exacerbates, so does the Mr. SPECTER. I respect the chair- ment, employment issues, and general other. The 20-year record is not a good man’s right not to answer. The Senator corporate projects. record as to what we have here. I urge from Georgia has been waiting for a Mr. Hall also has a history of public a truce. considerable period of time. I agree service. In 1997, he was appointed to On a personal level, no two Senators with whatever Senator LEAHY has had the Augusta-Richmond Planning Com- in this body have a closer relationship to say. I ask that the Senator be mission, a 12-member board authorized

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In 2003, Mr. Hall was speaks a commitment to the ideal of ficiency and the highest level of ethics, elected to the Georgia State Senate as equal justice for all. This is but one as- and made a significant contribution to a senator from the 22nd District in 2003 pect of Ms. Haynes’s service to her the profession. and served there in 2003 and 2004. community. It is fitting that Ms. Haynes has re- Since 2004, Mr. Hall has been a part- Since 2005, Ms. Haynes has been a di- ceived awards for her contributions to ner with Warlick, Tritt, Stebbins & rector of the Vickery Meadow Learning the legal profession, given that she has Hall in Augusta, GA. Those who know Center, a nonprofit organization that dedicated significant energy to pro- Randy describe him as a man of integ- promotes literacy among the residents moting the professionalism and ethics rity and someone with good moral of a low-income Dallas neighborhood. that are central to the rule of law. She character. His colleagues also say he is Ms. Haynes teaches pre-GED classes at has written and spoken extensively on totally committed to the rule of law, the Learning Center. Ms. Haynes’s di- issues of civil trial litigation, profes- and that he is fair and honest in all of rect involvement her community dem- sionalism, and ethics. his dealings and undertakings. onstrates that her dedication to the Among her many professional leader- I believe the Southern District of rule of law is matched by her passion ship positions, she has served on the Georgia will be well served to have for public service. board of the Dallas Bar Association Randy Hall on the bench. I urge all of Ms. Haynes demonstrated this com- and the Professional Ethics Committee my colleagues to support his confirma- mitment to public service in 1998, when of the State Bar of Texas. Her life’s tion. she gave up a prestigious and lucrative work speaks to a belief in the high call- I yield the floor, Mr. President. partnership at the Baker Botts law ing of a career in law and a steadfast The PRESIDING OFFICER. Who firm to take the bench as a State dis- and accomplished pursuit of the profes- yields time? trict court judge on the 191st District sion’s highest ideals. Mr. LEAHY. Mr. President, I suggest Court in Dallas. I am pleased that the Judiciary Com- the absence of a quorum. As a former district court and appel- mittee recently approved Ms. Haynes’ The PRESIDING OFFICER. The late judge, I can attest that the dis- nomination and the Senate just con- clerk will call the roll. trict judge’s experience seeing actual firmed her. The assistant journal clerk proceeded litigants and the real-world con- The Federal bench needs more men and women of her caliber, drawn from to call the roll. sequences of their legal disputes is in- among the best of the civil bar. Mr. LEAHY. Mr. President, I ask valuable for later service on the appel- Mr. President, the People for the unanimous consent that the order for late bench. American Way, a liberal advocacy the quorum call be rescinded. The fundamentals of judging—ana- group, sent a letter to the Judiciary The PRESIDING OFFICER. Without lyzing the arguments presented to the Committee last week urging the com- objection, it is so ordered. court in light of the facts and the law— mittee not to proceed with this nomi- Mr. LEAHY. Mr. President, I ask carry over from the trial court to the nation. To the credit of Chairman unanimous consent that 3 minutes be appellate level. And Ms. Haynes’s expe- LEAHY and my Democratic colleagues, yielded to the Senator from Texas. rience as a trial court judge will un- they rejected this baseless and unfair The PRESIDING OFFICER. Without doubtedly remind her each day that attack. objection, it is so ordered. the consequences of a judge’s decisions The lack of any substantial reason to The Senator from Texas. always have a human face. deny this nomination is clear when we Mr. CORNYN. Mr. President, I am As a State judge, Ms. Haynes gained look at the pretense offered by People grateful to the distinguished chairman deep experience in many areas of sub- for the American Way for opposing Ms. of the Senate Judiciary Committee for stantive law including commercial liti- Haynes. The letter claims that Ms. moving this nomination of Catharina gation, personal injury, employment, Haynes has no ‘‘record of commitment Haynes to the Fifth Circuit Court of insurance bad faith litigation, and in- to civil rights progress in this coun- Appeals, and I am pleased she has been tellectual property. State court judges try.’’ unanimously confirmed today by a interpret and apply Federal statutory First of all, I do not know exactly voice vote. and constitutional law, which are, of what that means. I believe that this Judge Haynes is actually a former course, the supreme law of the land, group is deliberately creating a vague State district court judge. I am proud binding on judges in every State. In standard that they can invoke to reject to call her now Judge Haynes as a con- presiding over nearly 300 trials, Judge any nominee. I think that it is clear firmed United States circuit court Haynes distinguished herself for her that there is nothing in Ms. Haynes’ judge. work ethic and commitment to the background that they can reasonably I am proud to concur with the Amer- rule of law. complain about with any specificity, so ican Bar Association’s unanimous opin- Ms. Haynes’s intellect and diligence they fall back on vagueness. ion that Ms. Haynes is well qualified have been evident throughout her legal I don’t know what this group means for a seat on the Federal appellate career, starting with her extraordinary by a ‘‘record of commitment to civil bench. Her record as both a State judge academic record. rights,’’ so I can’t respond to that and a member of the civil bar amply After graduating first in her class other than by directing my colleagues demonstrates the legal acumen, the from Florida Institute of Technology to Ms. Haynes actual record—a record commitment to justice, and the dedica- at the age of 19, Judge Haynes went on that was discussed at length in Ms. tion to public service required for those to graduate, with distinction, second in Haynes’ hearing and that this letter ig- nominated to serve on our Nation’s ap- her class at Emory University School nores completely. pellate courts. of Law at the age of 22. In her 21–year Ms. Haynes has served as a volunteer It is truly a pleasure to recommend legal career, she has been involved in a for pro bono legal aid clinics, volun- confirmation of a Texas lawyer with a wide variety of complex civil cases in teering her time to protect the legal career-long record of dedication to pub- both State and Federal courts. rights of those who can’t afford a law- lic service and equality before the law. Ms. Haynes’s professional excellence yer. Ms. Haynes has served as a volunteer has been repeatedly recognized and Ms. Haynes helped write a brochure for pro bono legal aid clinics, providing honored by her peers in the legal com- for pro se litigants, giving disadvan- legal assistance to people who other- munity. Her many awards include the taged litigants the tools they need to wise would be unable to afford to have State Bar of Texas Presidential Com- vindicate their rights in courts of law. a will probated or resolve family law mendation, the Dallas Association of Ms. Haynes serves as a director of the issues. Ms. Haynes helped develop a Young Lawyers Foundation Award of Vickery Meadow Learning Center, a

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2933 nonprofit organization that promotes Murray Schumer Thune The PRESIDING OFFICER. The clo- literacy among the disadvantaged. Ms. Nelson (FL) Sessions Vitter ture motion having been presented Nelson (NE) Shelby Voinovich Haynes teaches pre-GED classes at the Pryor Smith Warner under rule XXII, the Chair directs the center, aiding the less fortunate along Reed Snowe Webb clerk to read the motion. the path to literacy, education, and a Reid Specter Whitehouse The assistant journal clerk read as Roberts Stabenow fuller civic life. Wicker follows: Rockefeller Stevens Wyden By any fair reading, Ms. Haynes has Salazar Sununu CLOTURE MOTION an exemplary record of commitment to Sanders Tester We, the undersigned Senators, in accord- the high ideals of equal opportunity NOT VOTING—12 ance with the provisions of rule XXII of the and equal justice before the law—ideals Brown Feinstein Lieberman Standing Rules of the Senate, hereby move that I believe are at the core of civil Bunning Gregg McCain to bring to a close debate on the motion to rights. Clinton Hutchison Menendez proceed to Calendar No. 608, H.R. 1195, an act Dole Inhofe Obama I yield the floor. to amend the Safe, Accountable, Flexible, The nomination was confirmed. Efficient Transportation Equity Act: A Leg- Mr. LEAHY. I thank the Senator acy for Users, to make technical corrections, VOTE ON NOMINATION OF JAMES RANDAL HALL from Texas. and for other purposes. I believe we are ready to vote. The PRESIDING OFFICER. Under Harry Reid, Barbara Boxer, Richard Dur- VOTE ON THE NOMINATION OF BRIAN STACY the previous order, the question is, Will bin, Charles E. Schumer, Sherrod MILLER TO BE UNITED STATES DISTRICT JUDGE the Senate advise and consent to the Brown, Frank R. Lautenberg, Jon Test- The PRESIDING OFFICER. Under nomination of James Randal Hall, of er, Mark L. Pryor, Bernard Sanders, Georgia, to be United States District Benjamin L. Cardin, Jeff Bingaman, the previous order, the question is, Will Patty Murray, Sheldon Whitehouse, the Senate advise and consent to the Judge for the Southern District of Georgia? Debbie Stabenow, , John D. nomination of Brian Stacy Miller, of Rockefeller IV, Jack Reed. Arkansas, to be United States District The nomination was confirmed. VOTE ON NOMINATION OF JOHN A. MENDEZ Mr. REID. Mr. President, I now ask Judge for the Eastern District of Ar- unanimous consent the cloture vote kansas? The PRESIDING OFFICER. Under the previous order, the question is, Will occur on Monday, April 14, at 5:30 p.m., The yeas and nays have been ordered. the hour prior to the vote be equally The clerk will call the roll. the Senate advise and consent to the nomination of John A. Mendez, of Cali- divided or controlled between the lead- The assistant journal clerk called the ers or their designees, and the manda- roll. fornia, to be United States District Judge for the Eastern District of Cali- tory quorum be waived as required Mr. DURBIN. I announce that the under rule XXII. Senator from Ohio (Mr. BROWN), the fornia? The nomination was confirmed. The PRESIDING OFFICER. Without Senator from New York (Mrs. CLIN- objection, it is so ordered. TON), the Senator from California (Mrs. VOTE ON NOMINATION OF STANLEY THOMAS ANDERSON The majority leader is recognized. FEINSTEIN), the Senator from Con- The PRESIDING OFFICER. Under Mr. REID. Mr. President, I hope we necticut (Mr. LIEBERMAN), the Senator can proceed to this bill. This is another from New Jersey (Mr. MENENDEZ), and the previous order, the question is, Will the Senate advise and consent to the bipartisan piece of legislation. Sen- the Senator from Illinois (Mr. OBAMA) ators BOXER and INHOFE have worked are necessarily absent. nomination of Stanley Thomas Ander- son, of Tennessee, to be United States on this bill for months and months. It I further announce that, if present has been very difficult. It has been like and voting, the Senator from New Jer- District Judge for the Western District of Tennessee? pulling teeth. They get one thing done sey (Mr. MENENDEZ) would vote ‘‘yea.’’ and something else crops up. It is now Mr. KYL. The following Senators are The nomination was confirmed. The PRESIDING OFFICER. Under done. necessarily absent: the Senator from the previous order, the President will I hope we can move to this bill. If Kentucky (Mr. BUNNING), the Senator be immediately notified of the Senate’s there are those who want to offer an from North Carolina (Mrs. DOLE), the action. amendment, good. Let them offer an Senator from New Hampshire (Mr. amendment. This is something that is f GREGG), the Senator from Texas (Mrs. important and we need to do. I hope, HUTCHISON), the Senator from Okla- LEGISLATIVE SESSION recognizing this bill relates to the NHOFE 1 homa (Mr. I ), and the Senator The PRESIDING OFFICER. The Sen- highway bill that we passed 3 ⁄2 years from Arizona (Mr. MCCAIN). ate will resume legislative session. The ago, any amendments offered would be Further, if present and voting, the majority leader is recognized. in keeping with the content of the bill. Senator from Kentucky (Mr. BUNNING) f I don’t want to get off on Iraq or some and the Senator from North Carolina tax issue. I hope we can confine it to (Mrs. DOLE) would have voted ‘‘yea.’’ TO AMEND THE SAFE, ACCOUNT- this legislation. The PRESIDING OFFICER (Mr. ABLE, FLEXIBLE, EFFICIENT This is the Senate. After we get on WHITEHOUSE). Are there any other Sen- TRANSPORTATION EQUITY ACT: the bill, I hope we could go imme- ators in the Chamber desiring to vote? A LEGACY FOR USERS, TO MAKE diately to it; we wouldn’t have to use The result was announced—yeas 88, TECHNICAL CORRECTIONS, AND the 30 hours. If there are things that nays 0, as follows: FOR OTHER PURPOSES—MOTION need to be done, no one is trying to [Rollcall Vote No. 102 Ex.] TO PROCEED stop anybody from offering amend- YEAS—88 Mr. REID. Mr. President, I ask unan- ments. We are not going to be, unless Akaka Cochran Hatch imous consent the Senate proceed to there is a change, and I will certainly Alexander Coleman Inouye the consideration of Calendar No. 608, give lots of prior warning to the Repub- Allard Collins Isakson H.R. 1195, the highway technical cor- lican leader after we are on this a Barrasso Conrad Johnson Baucus Corker Kennedy rections bill. I ask that we move there while. I hope we can just go through Bayh Cornyn Kerry at 3 p.m. Monday, April 14. the ordinary process, that we don’t Bennett Craig Klobuchar The PRESIDING OFFICER. Is there have to do any parliamentary maneu- Biden Crapo Kohl objection? vers to get this very important bipar- Bingaman DeMint Kyl Bond Dodd Landrieu Mr. KYL. Mr. President, there is ob- tisan piece of legislation done. Boxer Domenici Lautenberg jection. Mrs. BOXER. Will the leader yield for Brownback Dorgan Leahy The PRESIDING OFFICER. Objec- a question—a comment and question? Burr Durbin Levin tion is heard. Byrd Ensign Lincoln Mr. REID. I am happy to yield. Cantwell Enzi Lugar CLOTURE MOTION Mrs. BOXER. I thank the leader very Cardin Feingold Martinez Mr. REID. Mr. President, in light of much. This is a very bipartisan piece of Carper Graham McCaskill the objection, I now move to proceed to legislation that Senator INHOFE and I Casey Grassley McConnell Chambliss Hagel Mikulski Calendar No. 608, H.R. 1195. I send a clo- are very happy is finally coming to the Coburn Harkin Murkowski ture motion to the desk. floor.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2934 CONGRESSIONAL RECORD — SENATE April 10, 2008 My question—it is really a comment do say this: That is why I made my re- friend, the assistant Democratic lead- in the form of a question. You pointed marks very clear. I think a lot of it has er, no, I don’t remember ever a fili- out we are 3 years after the highway been unfounded, but we have had some buster being filed on a bipartisan bill. bill. This is correcting some unantici- distrust that some of the things we are But I do not know the entire history. I pated errors in that bill. What is hap- doing will prevent people from offering hope we can move forward on this piece pening is, here we are in this recession. amendments; there will not be an op- of legislation in regular order. There are a lot of projects that are sty- portunity to legislate on this bill. Mr. KYL. Mr. President, I want to mied. They were unintended to be sty- I have no intention—I made it very make one brief comment to the leader. mied, but we need to correct that. clear—of filling the tree. I used kind of I have no additional comment to My question is, Don’t you think it is a buzzword because everyone knew make to the leader. I can pose it as a time to correct a bill that passed 3 what I was talking about. But I have question, but I do not really need to. years ago, and we are going to get to no intention of doing that. That is why The leader is aware that there is no in- the new highway bill next year? This is I said I hope once we get on the bill, tention on the Republican side to fili- unfinished business. It is bipartisan. the 30 hours will not need to be used; buster this bill. I concur in his remarks My point is, do you believe as strongly we can just go to the bill and start leg- about the bipartisanship that resulted as I do that the time has come to do islating. That would be the right thing in both of the bills passing today. this? to do. There is one matter that needs to be Mr. REID. Mr. President, I say to the We have now been in this session for resolved, as I understand it, with re- distinguished chair of the Environment 12–15 months. I would hope by this time spect to this technical corrections bill, and Public Works Committee, I appre- we know each other a little better, we which does need to be dealt with, as ciate the work done on a bipartisan can trust each other a little better, the chairman of the committee noted. basis to get us here. If there were ever Democrats and Republicans. I think we As far as I know, that is the only mat- a time we should do this, a technical just finished some very good work. ter. There could be others, but I know corrections bill on a bill that passed Today we passed an extremely impor- of no intention on the part of anybody more than 3 years ago, it is now. It has tant housing bill. It was bipartisan. on our side of the aisle to raise extra- taken that long to get it done, espe- I was with some people today, and neous matters to use the bill for any cially since we have the highway trust they criticized: Why did you put this other purpose but to complete action fund that now is $5 billion short of provision in there dealing with home- on the bill. I am aware of the same what it should be. There are construc- builders? It is something that they matter that the majority leader is tion projects that need to go forward. don’t need. right now as the only matter that ex- Many of them cannot go forward until I personally disagree with that. In ists on our side. So there is no inten- this technical corrections bill is Nevada we have homebuilders who are tion on our side of the aisle to fili- passed. doing everything they can to hang onto buster the bill. This bill does not favor Democrats. It land so when this market bottoms out Mr. REID. Mr. President, I say also does not favor Republicans. I think ev- they will still have some land to build through the Chair to my friend, I have eryone should understand when Sen- on. Anyway, I said to them we in the spoken to that Senator, and still we might be able to work something out. ators BOXER and INHOFE work on a bi- Senate today have a very slim major- partisan bill, that is a bipartisan bill. ity, 51 to 49. I said to my friend—I If we cannot, he can offer an amend- We all know the reputations of the asked this question: We have a number ment and see what happens that way. Mr. KYL. Sure. of things in this bill that were put in Senator from California and the Sen- Mr. REID. Mr. President, I feel com- that we did not especially like. ator from Oklahoma. This is a good fortable with what we have been able The Republicans got a number of piece of legislation, and I say to my to accomplish this week. I cannot say things in this very important housing friend from California, I hope we can that every week we have left here, but stimulus bill that they did not like. get it done very quickly. this has been a really good week. I We have lots of things to do. I am But that is what legislation is about. think we have accomplished a lot that disappointed we are not going to be That is the big speech I gave to my is good for the American people in the able to move to the patent bill. I am friend. I think he understood it after I process. sorry about that. said this a little better. We have a farm bill that is moving Mr. DURBIN. Will the majority lead- After that, we also did something on along. We had today an actual con- er yield for a question? a bipartisan basis: passed, all in 1 bill, ference, Democrats and Republicans, Mr. REID. Yes. 80 different bills. There is no need to go trying to come up with a farm bill. It Mr. DURBIN. I may put the leader on back into the history of why this hap- is wonderful that that is taking place the spot, but as I understand it, we pened, but it happened, and we were because in recent years we have not have had to file a cloture motion on only able to get it done because we had a real conference. We have had lit- this bill, which means a threatened fil- worked on a bipartisan basis. I want to tle meetings take place. But I think ibuster over going to a technical cor- do the same on this highway bill. that is wonderful that we were able to rections bill to amend and revise a We have other things coming up that get that done. highway bill that is 31⁄2 years old. I we need to do this work period. As I in- know the Republican minority set a dicated, because of the patent bill, for f record in the Senate with 62 filibusters reasons that I am sure will be written MORNING BUSINESS last year. I don’t know if the majority about over the next few weeks, we are Mr. REID. Mr. President, I ask unan- leader can tell us the ongoing number not going to do a patent bill now. The imous consent that there now be a pe- of filibusters from the Republicans at chairman and ranking member could riod of morning business, with Sen- this point. I assume it is over 70 filibus- not work out what they wanted to ators permitted to speak therein for up ters. The previous record was 62 filibus- bring to the floor. So, as a result of to 10 minutes each. ters in 2 years. Now we have had over that, we have a little extra time. I hope The PRESIDING OFFICER. Without 70 filibusters, and we are just into this that because of that we can do highway objection, it is so ordered. new legislative year. corrections, we can maybe move to The PRESIDING OFFICER. The Sen- I ask the majority leader, in his expe- that. ator from New Mexico. rience in the Senate, does he ever re- There is a veterans bill we are trying f call a filibuster being mounted on a bi- to get worked out. We know we have partisan bill that is a technical correc- more than 50 votes; we hope we have THANKING STAFF tions bill related to highway projects more than 60; we are very close to that. Mr. BINGAMAN. Mr. President, ear- and other building projects across the We have an FHA reauthorization. We lier today the Senate passed S. 2739, Nation, in both Democratic and Repub- need to do that. I spoke to Chairman the Consolidated Natural Resources lican States? ROCKEFELLER a few minutes ago. Act of 2008. As I said during the debate, Mr. REID. I say to my distinguished So without belaboring the point, in S. 2739 is a collection of over 60 bills re- friend, the answer to that is no. But I answering the question of my dear ported from the Committee on Energy

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Both the rank- to see the bipartisan nature of the En- portant to our States. ing member, Senator DOMENICI, and I ergy Committee working on this legis- The second legislative item I want to are very fortunate to have a very dedi- lation which is so important to our Na- refer to here briefly is S. 1116, which is cated and experienced professional tion. the Produced Water bill. This is legis- staff. They service the committee and I very much agree that the process lation which was sponsored in the the Senate well. They deserve our that historically has been used in the House of Representatives by Congress- thanks. Senate where what we do is to bring man MARK UDALL. We pushed it On the Democratic staff of the com- these pieces of legislation which are through our Energy Committee be- mittee, senior counsel David Brooks important to our States, which are im- cause we know this is happening out had the lead role in assembling the bill. portant to our Nation, through a unan- there in many of our public and private He deserves special acknowledgment. imous consent procedure is the way we lands across the West; that is, as oil In addition, though, I want to particu- ought to go. Unfortunately, because of and gas is being developed, there is a larly thank the committee’s staff di- objections from a few Senators on the huge amount of water that is simply rector, Bob Simon, for his wonderful other side, we were not able to follow being wasted, that is being disposed of work on this legislation, as on all the that procedure. But, at the end of the without any kind of beneficial use. For legislation that comes through our day, through the great leadership of those of us who come from the arid committee; our chief counsel, Sam both Senator BINGAMAN and Senator West, who know what it is like to live Fowler, for his superb work, as always; DOMENICI, we were able to get that leg- in places where you only get a few counsels Mike Connor, Kira Finkler, islation through. To both of them I say inches of rainfall a year, it is impor- and Scott Miller, and professional staff thank you very much for your leader- tant that we not waste any water members Angela Becker-Dimmpann, ship. whatsoever. So what this legislation Jonathan Epstein, and Al Stayman. I also thank the staff of the Energy will do is it will help us figure out a I would also like to thank the com- Committee. Bob Simon, David Brooks, strategy and a plan forward on how we mittee’s chief clerk, Mia Bennett; exec- all of the staff on both sides who la- develop a beneficial use for the water utive assistant Amanda Kelly; commu- bored very hard on the more than 60 that is being produced from oil and gas nications director Bill Wicker; press pieces of substantive legislation that production. secretary David Marks; staff assistants we approved here this afternoon that The next bill that was included in Rosemarie Calabro, Rachel Pasternack, will now head to the President’s desk this package which I wanted to speak and Gina Weinstock; and our Bevinetto for his signature. So I thank them for about briefly is the Latino Museum fellow who works on our staff, Karl their great efforts with respect to this bill. That legislation had several dozen Cordova. legislation. cosponsors here in the Senate, includ- On the Republican side, let me ac- I want to speak briefly about four of ing Senator MENENDEZ, Senator MAR- knowledge Senator DOMENICI’s staff di- the bills that were included in this leg- TINEZ, and many others who worked on rector, Frank Macchiarola, who did an islation which are important to my that legislation over the last several excellent job here; his chief counsel, State of Colorado and are important to years. Judy Pensabene; professional staff the Nation. It is important that when we look at members Kathryn Clay, Frank Gladics, The first of those pieces of legisla- this legislative piece, we understand Josh Johnson, and Tom Lilly; and ex- tion has to do with the South Platte the contribution many Americans have ecutive assistant Kara Weishaar. River and the North Platte River and a made to this country over a long period In addition, I am very grateful to the multistate compact that involves the of time. The Latino community has committee’s nondesignated staff: State of Colorado and the State of Ne- been here in the United States of AnnaKristina Fox, Dawson Foard, braska. America for a very long time. Indeed, Nancy Hall, Amber Passmore, Monica Over the years, we have had issues as the case with my family, my family Chestnut, and Wanda Green. between our States, Nebraska and Col- helped found the city of Santa Fe, NM, Finally, let me acknowledge the orado, and the State of Wyoming as in 1598, now some 410 years ago. That great help in bringing the bill to the well, with respect to how we deal with was before Jamestown, before Plym- floor we received from the majority the implementation of the Endangered outh Rock. You find the stories of our leader and his staff: Neil Kornze, Chris Species Act and how we recover endan- history across the landscape of this Miller, Randy DeValk, Gary Myrick, gered species on the Platte River, country from Florida, throughout the and, as always, the secretary for the mostly working in the State of Ne- Southwest of the United States of majority, Lula Davis. braska. America. And in my own native valley, All of these fine staff members had a After many years of negotiation and you can look out from the 8,000-foot hand in putting S. 2739 together and involvement by the Fish and Wildlife elevation of the San Luis Valley to the moving it through the legislative proc- Service and the Department of the In- mountains on the east side of the val- ess. We would not have been able to terior, the States came together and ley that are named the Sangre de pass the bill without their hard work developed a recovery implementation Christo Mountains; that is, the ‘‘Blood and their professionalism. I wish to program. That is a program which is of Christ Mountains.’’ You can look to thank each and every one of them for intended to restore the habitat for the the west to another set of 14,000-foot the good work. whooping crane in the State of Ne- peaks named after St. John the Bap- Mr. President, I know the Senator braska, with the participatory effort tist, the San Juan mountain range. from Colorado is here to speak. and obligation on the part of the State Throughout America, you see the I yield the floor. of Colorado and the State of Wyoming history of the Latino community The PRESIDING OFFICER. The Sen- and the State of Nebraska to recover etched into the landscape of our coun- ator from Colorado. the whooping crane and to recover try. But it is more than that history f habitat and hopefully someday to be that started out now more than four able to take that threatened and en- centuries ago here in the Nation, it is CONSOLIDATED RESOURCES ACT dangered species off of the list. also the contributions Hispanics have Mr. SALAZAR. Mr. President, I come In order for us to make progress to made to this country as we have to the floor today to speak with regard get there, we needed to implement this evolved from one generation to the to S. 2739, the bill we approved earlier tristate agreement with the Federal next. this afternoon. Government. The legislation we passed It was a group of Hispanic solders First, I wish to acknowledge Chair- today will help us get there, and I very who in many ways helped create this man BINGAMAN and Senator DOMENICI much appreciate the participation of Nation through their service in George for their great work in this legislation. Senator HAGEL and Senator NELSON Washington’s Army. It was a huge

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My mother, ought to take another road and that peacemakers among them, and we pray at the age of 19, found her way across that road ought to be the one where we for similar leadership in resolving the the country from a place with no post allow differences to separate us, where other bitter conflicts that challenge office and no name in northern New they will agitate for using those dif- our world today. Mexico to the War Department here in ferences among us to create discord f Washington, DC, where she spent 5 and to bring about agents of division. I years contributing to that great cause reject that view. The view I embrace is HONORING OUR ARMED FORCES of the last century which made Amer- that the diversity of our country is LANCE CORPORAL CODY WANKEN ica the power and the hope and beacon what will make us strong, not only in Mr. GRASSLEY. Mr. President, it is of opportunity for the entire world. the 21st century but beyond. The with great sorrow I honor a fallen sol- There have been thousands and thou- Latino museum legislation we passed dier. American hero Marine LCpl Cody sands of Americans like that who have today is one step in making that state- Wanken was seriously injured near made the ultimate sacrifice. But my ment. Fallujah, Iraq, last fall. He subse- mother was actually here in Wash- I also finally want to comment on S. quently died from these injuries on ington, DC during World War II. She 327 which was also included in this leg- April 2, 2008. My deepest sympathy and received a telegram that said her old- islation. It requires a study on ways in prayers go out to Cody’s parents, Rick est brother, my Uncle Leandro, had which we can celebrate and commemo- and Susan Wanken. been killed in the war in Europe. rate the contributions that Ce´sar Cody was a machine gunner in the When we authorize a study of the Cha´ vez made to the United States. 3rd Battalion, 5th Marine Regiment, Latino museum in Washington, we are Ce´sar Cha´ vez was the leader of the 1st Marine Division. He was a 2006 saying that part of our history is to United Farm Workers until his death a graduate of Hampton-Dumont High recognize that diversity that makes us few years ago, one of the most cele- School and served as the 2005–06 presi- a great Nation. brated Americans we know today and dent of the Iowa Jobs for America’s Oftentimes I reflect on the greatness one of the architects of our civil rights Graduates, Hampton-Dumont chapter. we have here in America. It is impor- movement and someone who in many Throughout his youth, Cody was a tant for us to reflect on the fact that ways is typified with people who have standout athlete. He played on a that greatness has come about through been pioneers of civil rights such as Hampton youth baseball team that some pain but always with some prom- Martin Luther King, Jr., and others took first place at the Iowa games, and ise of the future. Yes, there have been who have done so much to make sure he was named to the Class 3A, District painful chapters of our history, includ- we are an America in progress. It is fit- 2 defensive team after his senior year ing the very painful chapter where this ting and proper that we, as a Congress, of high school. Cody returned to speak country allowed for one group of people honor someone with the legacy of at Hampton-Dumont while to own another group of people, simply Ce´sar Cha´ vez. I was proud to have bi- recuperating from his injuries obtained based on the color of their skin. We partisan sponsorship of that legislation in Iraq. lived through another 100 years after so that we can now move forward to Cody will be forever remembered by the Civil War until Brown v. Board of figure out ways in which we can cele- his family, friends, and community Education in 1954, when we allowed as brate the legacy of this great man. members. One of Cody’s former coaches a function of government for there to I yield the floor. said, ‘‘He was very, very proud to serve be the separation of the races so that it f was OK for there to be Black schools in the Marines. You could just tell.’’ and Brown schools and White schools. 10TH ANNIVERSARY OF THE GOOD For this, we are all indebted for his It took Justice Warren and a unani- FRIDAY AGREEMENT service to our country. I express grati- mous Supreme Court in 1954 to say that Mr. KENNEDY. Mr. President, today tude on behalf of all Americans to the under the 14th amendment, that kind we celebrate the 10th anniversary of family of a true American patriot, fall- of segregation had no room under the the historic Good Friday agreement, en hero Marine LCpl Cody Wanken. equal protection clause of our Con- which put Northern Ireland on the path f stitution. to reconciliation and peace after dec- When we push forward initiatives as ades of violence, bloodshed, and deep THE MATTHEW SHEPARD ACT OF we have today with the Latino initia- mistrust. 2007 tive, what we are saying to America is, The people of Northern Ireland and Mr. SMITH. Mr. President, I wish to we are a great nation, because we are a the courageous leaders of the political speak about the need for hate crimes diverse people. Justice Sandra Day parties in Northern Ireland, Ireland, legislation. Each Congress, Senator O’Connor said it best in a case she de- and Great Britain, all deserve special KENNEDY and I introduce hate crimes cided in the last few years involving di- recognition on this day for their deep legislation that would strengthen and versity at the University of Michigan. and unwavering commitment to peace. add new categories to current hate She said the national security of our We salute them for their extraordinary crimes law, sending a signal that vio- country depended on the military accomplishment and difficult com- lence of any kind is unacceptable in forces having diversity. She said that promises they were able to achieve to our society. Likewise, each Congress I in an opinion that had been filed as an create a greater and better future for have come to the floor to highlight a amicus brief by former members of the the people of Northern Ireland. Their separate hate crime that has occurred Joint Chiefs of Staff. She also said that success is an example to the world of in our country. the strength of the Nation in terms of what can be accomplished with courage Early in the morning of September 3, future participation of the United and commitment. 2007, Andrew Geske and a friend were States in the global economy was very The benefits and advances have been walking home in the Capitol Hill area dependent on us being able to partici- extraordinary over the past decade. of Seattle, WA, when a black BMW pate in that global economy, that di- Guns are out of politics, and power is pulled up alongside of them. According versity was required for us to succeed. being shared on an equal basis. Future to Geske, he and his friend stopped For that proposition, she cited to a generations in Northern Ireland will walking when the car slowed down, as- brief filed by some 50 of the Fortune 500 live in peace, stability and prosperity, suming it was an acquaintance of companies that participated in that and they will do so because of the ex- theirs. When the car came to a halt, case. The Latino museum for us is an- traordinary commitment by leaders on the driver burst out of the car, hurling

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The victim was dragged sev- and in violation of China’s own laws. logical functions critical to life. eral blocks before he broke free, suf- I know that many of my fellow It impacts the air we breathe and the fering scrapes and sprained fingers in Americans stand with me in this belief. food available for us to eat. It impacts the process. The attack is being inves- As such, I was proud to introduce with the availability of our drinking water tigated as a bias crime and the assail- my colleague from California a resolu- and the spread of diseases that can ants are still at large. tion calling on China to ensure the pro- make us sick. I believe that the Government’s first tection of Tibetan rights and culture. Last year’s Intergovernmental Panel duty is to defend its citizens, to defend The resolution demands that China on Climate Change, IPCC, report on cli- them against the harms that come out allow a full and transparent accounting mate change put to rest the arguments of hate. Federal laws intended to pro- of the recent violence. China must of many skeptics. But the frequently tect individuals from heinous and vio- cease the political reeducation of cited report of Working Group One is lent crimes motivated by hate are woe- monks, and allow them to possess pic- just one of three separate IPCC reports. fully inadequate. This legislation tures of the Dalai Lama. It must also Working Group Two simultaneously issued a sobering report on the impacts would better equip the Government to release peaceful protestors, and allow of climate change. They predicted that fulfill its most important obligation by independent journalists free access up to 250 million people across Africa protecting new groups of people as well throughout China. In addition, the res- could face water shortages by 2020, and as better protecting citizens already olution calls on the U.S. State Depart- that agriculture fed by rainfall could covered under deficient laws. I believe ment to fully implement the 2002 Tibet drop by 50 percent. Crop yields in cen- that by passing this legislation and Policy Act, particularly the establish- tral and South could drop by 30 changing current law, we can change ment of a U.S. consulate in Lhasa. percent. People everywhere who depend hearts and minds as well. I was exceptionally pleased to note on glaciers or snow pack for their that my resolution was unanimously f drinking water will be forced to find agreed to last night. I believe these TIBET new supplies. measures would go a long way toward This is not speculation. These effects Mr. SMITH. Mr President, I rise safeguarding Tibetan rights, easing the are already measurable. The World today to speak about the recent vio- suffering of ethnic Tibetans, and pre- Health Organization predicts that asth- lence in Tibet. venting the outbreak of any further vi- ma deaths will rise by 20 percent over I am deeply saddened and angered by olence. the events which have unfolded this the next 10 years, and that climate f change is causing greater outbreaks of past month between ethnic Tibetans Rift Valley fever and the spread of ma- and China. In March, China’s decades NATIONAL PUBLIC HEALTH WEEK laria in higher elevations in Africa, and of repression of Tibet exploded into Mr. MENENDEZ. Mr. President, more frequent cholera epidemics in widespread riots, both in the Tibetan today I talk about public health. As I . The CDC is preparing for autonomous region and ethnic Tibetan hope many of my colleagues are aware, more heat-wave planning and fore- areas of China. The Chinese Govern- this week is National Public Health casting. ment responded by imposing a near- Week, and this year’s goal is to in- The public health costs of global cli- total media blackout, and by deploying crease the Nation’s awareness of the mate change are likely to be greatest an overwhelming number of police and serious effects of global warming on to the nations of the world who have military personnel. Within that dark- the public’s health. contributed least to the problem. As ness, dozens of people were killed. When I say global warming, people the world’s largest emitter of green- It is still unclear who did the killing, think of many things. You might think house gases, we have a moral obliga- or who was killed. It is unclear what of polar bears, vanishing glaciers, or tion to help these countries, which are set off the violence. It is even unclear rising sea levels, but you are not likely also least likely to have the resources how many people were killed. The Chi- to think of the Centers for Disease to prepare or respond themselves. Any nese Government claims 22 deaths; Control and Prevention. This is unfor- strategies for managing climate independent Tibetan sources say be- tunate because there is a direct con- change impacts must address this un- tween 79 and 140. There have been a nection between global warming and equal burden, and to take into account similarly disputed number of people ar- the health of our Nation. their unique challenges and needs. rested. A warming planet will affect food, These impacts are different in dif- One of government’s primary func- water, shelter, and the spread of infec- ferent parts of the world—and equally tions is to enforce law and order within tious diseases. At the same time, we troubling, they are disproportionately its borders. But the unrest and violence will face more extreme weather events. burdensome for the world’s more vul- in Tibet is the direct result of over 50 Storms, floods, droughts, and heat nerable populations. Children, the el- years of Chinese oppression of Tibetan waves will have an acute impact, par- derly, the poor, and those with chronic ethnic, cultural, and political rights. It ticularly on hundreds of millions of and other health conditions are the is the result of China’s repression of Ti- people in the developing world. most vulnerable to the negative health betan Buddhism and a stream of per- Climate change is very much a public impacts of climate change. sonal insults against the Dalai Lama. health issue. There is growing recognition that we The Dalai Lama, whom I am greatly The science behind global warming is must act, and we must act now. Fortu- honored to have met, is honored for his no longer debatable. Scientists from nately, many of the choices individuals commitment to peace and reconcili- around the globe have stated in the should make for the sake of their ation. I cannot think of a time when strongest possible terms that the cli- health—and the health of their commu- such a message is more welcome than mate is changing, and human activity nities—are the same choices that ben- it is today. is to blame. These changes are already efit the health of the planet. Making China, on the other hand, offers no dramatically affecting human health the climate change issue real means similar message of tolerance and peace. around the world. helping people understand how the way Just this morning, there was an article The World Health Organization re- they live affects themselves and others, in the Washington Post, in which a ported that the climate change which whether through their transportation human rights lawyer and convert to occurred from 1961 to 1990 may already choices, their use of water and elec- Christianity lives under constant po- be causing over 150,000 deaths or the tricity or the types of goods they pur- lice surveillance. He is intermittently loss of over 5.5 million disability-ad- chase and consume.

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The com- decades later—taxpayers spent $60 bil- ductive citizens. Perhaps most impor- bination of less coal and cleaner coal lion. This current criminal justice sys- tantly, prisoners will be given a second leads to a host of health benefits. tem is not working, does not make our chance to reconnect with their families Fewer particulate emissions mean less cities and States safer and is unaccept- through family-based treatment and asthma. Reduced mercury emissions able and must be addressed. mentoring programs. could lead to fewer developmental dis- The Second Chance Act will address This is a monumental bill that will orders. these major issues in the area of cor- change the lives of countless individ- The transportation sector is one of rections. By providing grant money to uals and will keep our communities the largest sources of greenhouse States through the Department of Jus- safer by reducing recidivism rates dras- gases. Encouraging and enabling people tice and the Department of Labor, the tically—the goal, 50 percent in 5 to walk, bicycle, or use public trans- bill encourages the creation of innova- years—and it can be done. portation reduces vehicle greenhouse tive programs geared toward improving Kansas has proven it. In slightly less gas emissions and improves urban air public safety, decreasing the financial time than it took us to enact this bill— quality. But it simultaneously im- burden on States and successfully re- 3 years—Kansas cut their monthly rev- proves an individual’s health by in- integrating ex-offenders into society. ocation rate by 44 percent . . . 44 per- creasing physical activity. Improving Additionally, this bill authorizes two cent. I understand that they can also community design to reduce reliance grant programs designed to aid non- track the recidivism rate for ex-offend- on cars also means less obesity and dia- profit organizations—faith-based and ers in the 12–18 months of a parolee’s betes. We should be encouraging States community-based organizations—that release. Even more striking, the State to design and create healthy commu- provide programs to those incarcer- has been able to reduce, by 41 percent, nities. ated. As you may know, faith-based the number of criminal convictions We cannot wait to act. We should all programs are very successful in reinte- over the last 3 years—proving that re- continue to work toward national and grating offenders into society. A 2002 entry programs work. international policies which fight glob- study found that faith-based prison This is amazing, and I know that al warming. And we will make sure programs result in a significantly with the aid of the Second Chance Act that we act justly and help the poorest lower rate of re-arrest than vocation- other States are on their way to these countries, which are hardest hit by this based programs—16 percent versus 36 successes as well. problem. percent. I would like to also take a moment And we can start now. Now is the I and my Senate and House col- to recognize State Representative Pat time to prepare our water, agricul- leagues have worked extremely hard Colloton from Kansas who was also tural, and disease prevention systems over the past 4 years on this measure here today to share in this celebration for a warmer planet. Now is also the that encompasses Federal, State, local, and is one of the leaders in Kansas on time to invest in renewable energy and and nonprofit programs. I would espe- this issue. to build pedestrian and bicycle friendly cially like to thank Ranking Member Mr. President, this has been a great cities. What is good for the planet is SPECTER, Chairman BIDEN, and Chair- day for the supporters of the Second good for public health, and I encourage man LEAHY. Our partnership over the Chance Act. I commend them for their everyone to remember that solutions last years has been a true testament to efforts, and I ask unanimous consent to a global problem can have imme- bipartisanship. We were able to put that the full list of organizations that diate, individual benefits. aside our policy differences for the support this program be printed in the RECORD for their outstanding work on f good of those in need and come to- gether on a bill that will provide hope this issue. SECOND CHANCE ACT and aid to those incarcerated. The bill There being no objection, the mate- Mr. BROWNBACK. Mr. President, I will also provide assistance to those rial was ordered to be printed in the rise today to acknowledge the Presi- most vulnerable and often overlooked— RECORD, as follows: dential signing of a bill that was two the children of incarcerated parents. ORGANIZATIONS THAT SUPPORT THE SECOND and a half Congresses in the making, Nearly half of all prisoners have chil- CHANCE ACT the Second Chance Act. This bill, dren, and it is estimated that one in Access Community Health Network of Chi- which focuses on reinventing the way five of those children will follow their cago; Addictions Coalition of Delaware, Inc.; in which we create prison reentry pro- parent into the prison system—this AdvoCare, Inc., Hancock, MD; All of Us or grams, will have a dramatic and posi- broken system must change, and the None Oklahoma; Alliance for Children and tive effect on hundreds of thousands of Families; Alston Wilkes Society, South Second Chance Act will facilitate such Carolina; Alvis House, Inc., Columbus, OH; lives—lives that will be changed for the needed change. American Academy of Child and Adolescent better. Indeed this bill is much needed and Psychiatry; American Bar Association; I am equally pleased that the Presi- will serve as a catalyst for systemic American Catholic Correctional Chaplains dent signaled his support for this much change. This bill is supported by the Association; American Center for Law and needed legislation by hosting a bill hard work and determination of over Justice; American Conservative Union; signing ceremony this morning at the 200 organizations, such as Prison Fel- American Correctional Association; White House. I was delighted to join lowship Ministries, Open Society, the Amercan Correctional Chaplains Associa- my colleagues in both the Senate and Council of State Governments, and the tion; American Counseling Association; American Jail Association; American Proba- the House of Representatives, as well U.S. Conference of Catholic Bishops, as tion and Parole Association; American Psy- as the organizations that helped make well as many State and local govern- chological Association; The Arc of the this bill a reality—it was truly a mag- ment correction officials and law en- United States; Arizona Statewide TASC: nificent event. forcement officials—a truly bipartisan/ Treatment Assessment & Screening Center. Over 650,000 individuals will be re- bicameral coalition of partners com- Association for Better Living and Edu- leased from our Federal and State pris- mitted to changing the criminal jus- cation; Association of Citizens for Social Re- ons, and 9 million are released from tice system. form; Association of State Correctional Ad- jails. Approximately two out of every I commend the tremendous—truly ministrators; A T Roseborough & Associated, Inc.; ATTIC Corrections Services, Inc., Madi- three individuals released from prison tremendous work these organizations son, WI; BASICS, Inc.—Bronx, New York; Big or jail commit more crimes and will be completed on behalf of this bill. With- Brothers Big Sisters of America; BOP Watch; rearrested within 3 years of release, out their partnership, the bill may not The Bronx Defenders; Broward County Re- placing increasing financial burdens on have become reality. Through their gional Project Safe Neighborhoods Task

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Congresswoman ities USA; Center for Community Alter- Community Corrections; National Consor- Carson was not only instrumental in natives; Center for Community Corrections, tium of TASC Programs Inc.; National Cor- the erection of the new Mapleton Sta- Syracuse, NY; Center for Employment Op- rectional Industries Association; National portunities (CEO)—New York; Center for Council for Community Behavorial tion, which opened its doors at a new Law and Social Policy; Center for Public Healthcare; National Council of La Raza; Na- location on July 15, 2005, but she also Justice; Center for Youth as Resources; Cen- tional HIRE Network; National Independent attended the dedication ceremony for ter on Juvenile and Criminal Justice; Living Association; National Law Center on the new building on August 11, 2005. Changin’ Lives, Sugarland, TX. Homelessness & Poverty; National Low In- This new, attractive building will be a Chicago Coalition for the Homeless; Child come Housing Coalition; National Network terrific sign of respect for her. Welfare League of America; Children’s De- for Youth; National Re-Entry Resource Cen- fense Fund; Christian Coalition; Church Congresswoman Carson was born on ter; National Religious Affairs Association; July 8, 1938, in Louisville, KY. When Council of Greater Seattle; Church Women National Sheriffs’ Association; National United; Citizens United for Rehabilitation of TASC; National Transitional Jobs Network; she was only 1 year old, Julia and her Errants—Virginia, Inc.; Coalition for Juve- National Urban League; New Hope Project— family moved to Indianapolis. Carson nile Justice; Coalition of Community Correc- Wisconsin; New Jersey Community Correc- graduated from Crispus Attucks High tions Providers—New Jersey; Coalition to tions Association; New York City Depart- School in 1955 and attended Martin End Homelessness, Ft. Lauderdale, FL; Con- ments of Correction and Probation. University in Indianapolis and Indiana cerned Citizens Coalition, Front Royal, VA; New York Therapeutic Communities, Inc.; University-Purdue University at Indi- The Consortium for Citizens with Disabil- NY TCA; Noisette Foundation, North ities Criminal Justice Policy Task; Force; anapolis. Charleston, SC; North Carolina TASC Train- Julia Carson’s political career began Corporation for Supportive Housing; Correc- ing Institute; North West Community Cor- tional Education Association; Council of Ju- rections Center—Bowling Green, OH; Office when she was working in the Indianap- venile Correctional Administrators; Cov- of the Appellate Defender in New York; Ohio olis office of former Congressman Andy enant House; Criminon International; D.C. Community Corrections Association; Ohio Jacobs, who served 15 terms as the Prisoners’ Legal Services Project; Delaware Department of Rehabilitation and Correc- Congressman from Indianapolis, 10th Center for Justice, Inc.; East Bay Commu- tion; Ohio TASC Partnership; Our Daughters District, Indiana. Jacobs encouraged nity Law Center, Berkeley, CA. & Sons Support Group, Newport News, VA; Carson to run for the Indiana House of East County One Stop, OR; Evangelical Pacific Mountain WorkSource; Physicians Representatives. Elected in 1972, Car- Lutheran Church in America; FAAM—Utah for Human Rights; Pioneer Human Serv- Chapter; F.A.C.E.—Baltimore, MD; Family ices—Seattle, WA; Police Executive Re- son served in the Indiana House of Rep- Justice, New York, NY; Family Research search Forum (PERF); Positive Resistance, resentatives for 4 years. In 1976, after Council; Family Service Agency, AZ; Federal Inc.; Presbyterian Church (USA), Wash- serving in the Indiana House, Julia Defense Associates, Santa Ana, CA; Federal ington Office; Prevent Child Abuse America; Carson successfully ran for a seat in Prison Policy Project; Federation of Fami- Prison Fellowship; Prison Ministry and the Indiana Senate, where she contin- lies for Children’s Mental Health; Fifth Ave- Criminal Justice Commission of the Na- ued to serve Hoosiers for 14 years. In nue Committee; Fight Crime: Invest in Kids; tional Baptist Convention, USA, Inc.; Pris- that position, Julia Carson gave unfail- Foster Family-based Treatment Association; ons Foundation. Friends and Family of Incarcerated Persons, Public/Private Ventures; Rebecca Project ing support to Indiana’s successful Las Vegas, NV; Gastineau Human Services for Human Rights; Tarzana Treatment Cen- ratification of the Equal Rights Corporation—Juneau, AK; Goodwill Indus- ters; Region 1 TASC Regional Coordinating Amendment and supported legislation tries International; HARP (Housing Assist- Entity of Coastal Horizons Center, Inc.; Re- to improve women’s economic status, ance and Resource Program), , PA; source Information Help for the Disadvan- such as the bill she advocated to in- Haymarket Center of Chicago; Heartland Al- taged (RIHD, Inc.); Restoration Enterprises, clude household workers in the min- liance for Human Needs and Human Rights; Redding, CA; The Safer Foundation; The Sal- Horizon Faith-based Communities in Pris- imum wage. vation Army; Samaritan Village; Sargent After serving in the Indiana Senate, ons. Shriver National Center on Poverty Law— Human Kindness Foundation; Idaho De- Chicago; School Social Work Association of Carson became a trustee for Center partment of Correction; Illinois TASC; Indi- America; Seattle Ready4Work; Second Township of Marion County, an area ana Citizens United for Rehabilitation of Chance, San Diego, CA; Second Chance comprised of downtown Indianapolis, Errants; International Association of Re- Ready4Work, Memphis, TN; The Sentencing where she instituted aggressive meas- entry; International Community Corrections Project; SHAR, Inc.; Society For Return To Association; Jacksonville Area Legal Aid, ures to help the city’s homeless and Honor, AZ; Southend Community Services/ Prisoner Reentry Program; Jewish Prisoner trimmed the inflated welfare rolls by Our Piece of the Pie, Hartford, CT; State As- Services International; Johnson Institute; imposing new rules that required able- sociations of Addiction Services (SAAS); Justice Fellowship; Justice Watch, Inc.; Kids bodied recipients to work or attend Stay’n Out and Serendipity Programs. First Coalition; Leadership Conference on Stella Maris, Inc.—Cleveland, OH; STEPS school as a condition of receiving poor Civil Rights; Learning Disabilities Associa- To End Family Violence, New York, NY; relief. In 1992, Julia Carson was de- tion of America; Legal Action Center; Students for Sensible Drug Policy; Thera- clared Woman of the Year by the Indi- Lifetrack Resources—Minnesota; Local Ini- peutic Communities of America; Transi- tiative Support Corporation (LISC); Lu- anapolis Star for her efforts to improve tional Living Centers, Inc.—Williamsport, welfare and create a fiscal surplus in theran Services of America; Marion County PA; TurnAround Village, LTD; United Cere- Reentry Court, Indianapolis, IN; Mennonite Marion County. Her dedication to Indi- bral Palsy; United Church of Christ/Justice anapolis continued to the U.S. House of Central Committee Washington Office. & Witness Ministries; United Methodist Montgomery County (MD) Department of Church General Board of Church and Soci- Representatives. In 1996, Andy Correction and Rehabilitation; NAACP; ety; United States Conference of Catholic Jacobson retired from the U.S. House NAACP Legal Defense & Educational Fund, of Representatives, and Carson success- Inc.; NAADAC—The Association for Addic- Bishops; United States Conference of May- tion Professionals; National AIDS Housing ors; University of Alabama, Birmingham fully won his seat, representing what Coalition; National Alliance for the Men- TASC; UrbaneKnights, Inc.; Virginia CURE; was then Indiana’s 10th Congressional tally III; National Alliance of Faith and Jus- Volunteers of America; Washington Legal District. Representative Julia Carson tice; National Alliance to End Homelessness; Clinic for the Homeless; WestCare Founda- is only the third woman and second Af- National Association of Blacks in Criminal tion—Las Vegas, NV; The Wilberforce rican American to be elected to the Forum; Women of Reform Judaism; Word of Justice; National Association for Children of U.S. House of Representatives from In- Alcoholics; National Association for Chil- Hope Ministries, Inc./Ready4Work; Youth dren’s Behavioral Health; National Associa- Advocate Programs, Inc.; Youth Law Center. diana. As Congresswoman, Julia Carson is tion of Counties; National Association of f Drug Court Professionals; National Associa- best remembered for her leadership tion of Protection and Advocacy Systems; JULIA M. CARSON POST OFFICE awarding the Congressional Gold Medal National Association of School Psychology; Mr. BAYH. Mr. President, Senator to Rosa Parks for her instrumental National Association of State Alcohol and LUGAR and I honor Congresswoman role in the civil rights movement. Car- Drug Abuse Directors; National Association Julia Carson by urging the Senate to son worked closely with Senator EVAN of State Mental Health Program Directors; BAYH on initiatives to establish a pro- National Black Caucus of State Legislators support the legislation, S. 2534, which (NBCSL); National Black Church Taskforce will designate a U.S. Post Office in In- gram that would promote more respon- Initiative on Crime and Criminal Justice; dianapolis in her name. sible fatherhood by creating edu- National Citizens United for Rehabilitation The U.S. Postal Service rec- cational, economic, and employment of Errants (CURE). ommended the Mapleton Station Post opportunities. She also worked with

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2940 CONGRESSIONAL RECORD — SENATE April 10, 2008 Senator RICHARD LUGAR to improve ern Missouri. He has fought tirelessly The USD women’s basketball team children’s health care. for 38 years for the rights of low-in- has a long history of success, including While in Congress, Julia Carson come Missourians, first as a Legal Aid three NCC Conference Championships served on the Committee of Financial of Western Missouri, LAWMO, attorney from 1982 to 1985, as well as eight ap- Services, the Subcommittee of Finan- and for the last 20 years as LAWMO’s pearances in the NCAA Division II Na- cial Services and Consumer Credit, the executive director. During his time as tional Tournament. South Dakota, Subcommittee on Housing and Commu- executive director, LAWMO’s staff has which concluded the season with a 33 nity Opportunity, the Committee on represented clients in more than 250,000 and 2 overall record, won the North Transportation and Infrastructure, the cases—obtaining thousands of protec- Central Conference with a 12 and 0 Subcommittee on Railroads, Pipelines tive orders for victims of domestic vio- record. This was USD’s final season in and Hazardous Material, and the Sub- lence, preventing thousands of unlaw- Division II athletics and it was un- committee on Highways and Transit. ful evictions, obtaining safe and afford- doubtedly one of the best in school his- Carson was also a member of the Con- able public and federally subsidized tory. gressional Black Caucus. Throughout housing for thousands of families; and Certainly, this historic season would her 10 years in Congress, Julia Carson obtaining Medicaid, SSI and other pub- not have been possible without the worked tirelessly for the poor and for- lic benefits for thousands of Missou- players themselves. The members of gotten. rians. the 2007–2008 University of South Da- Shortly after announcing her diag- His work has empowered low-income kota women’s basketball team are as nosis with terminal lung cancer, Julia people throughout western Missouri, follows: Natalie Carda, Shannon Daly, Carson died on December 15, 2007, at by giving them the means to assert and Michelle Dirks, Anne Doshier, Kelli age 69. At her funeral service, those protect their legal rights in court. Fargen, Amber Hegge, Jeana Hoffman, who spoke all said Carson, the daugh- Without his leadership, many low-in- Jenna Hoffman, Kara Iverson, Jasmine ter of an unwed teenage mother who come people throughout Western Mis- Mosley, Amy Robinette, Ashley worked as a housekeeper, never forgot souri would not have had meaningful Robinette, Annie Roche, Kendra where she came from. Therefore, it is access to the civil justice system. Schomer, Bridget Yoerger, Maggie only fitting that the Congress des- Dick has worked for years as a gov- Youngberg. ernor of the Missouri bar to advocate ignate a post office in the name of Although this accomplishment was for the interest of low-income people. Julia M. Carson in her hometown of In- truly a team effort, I would like to pay This work has encouraged the bar to dianapolis. special recognition to their coach provide direct funding for Missouri’s f Lavin, who will be retiring after 14 legal services programs and to advo- years with the USD women’s basket- ADDITIONAL STATEMENTS cate for State funding for legal serv- ball team. Coach Lavin is USD’s career ices, which the programs now receive. wins leader with 271. Lavin’s coaching He has led LAWMO through many success has not gone unnoticed as he TRIBUTE TO THE GEORGIAN CLUB difficult challenges. Through it all, he has been named the NCC Coach of the has maintained the integrity of the ∑ Mr. ISAKSON. Mr. President, I wish Year four different times and has been program and made sure that LAWMO to honor in the RECORD the 25th anni- selected as the Russell Athletic/WBCA continues to provide high quality legal versary of the Georgian Club, the first North Central Regional Coach of the services that meet its clients’ needs. suburban city club in metropolitan At- Year for the 2007–2008 season. lanta. Dick has greatly increased private donations, grants and other non-LSC The coaches and student athletes of The citizens of Cobb County imme- USD’s women’s basketball team should diately embraced the Georgian Club funding for the program. When he began as executive director, LSC fund- be very proud of all of their remarkable when it first opened its doors on April achievements this season. On behalf of 19, 1983. I was proud to be a founding ing accounted for well over half of LAWMO’s budget. Now it is barely a the State of South Dakota, I am board member and I am proud to serve pleased to say congratulations to the as chairman of the board of directors quarter of the organization’s budget. ∑ Dick has trained and nurtured one of Coyotes on this impressive season. today. the most experienced and well-re- f With its breathtaking view of the At- spected groups of case handlers in any lanta skyline, the Georgian Club offers CONGRATULATING JEFFERSON legal services program in the country, unparalleled service, fine dining, and a HIGH SCHOOL’S BASKETBALL and those case handlers have achieved relaxed atmosphere. Its consistently TEAMS consistently high-quality results for high standards ensure an enjoyable ex- ∑ Mr. WYDEN. Mr. President, I wish to their clients. take a few minutes to talk to the Sen- perience every time. Dick’s work takes into account the ate and America about the great pride Many great leaders of Georgia have words and commitment to public serv- that I and other Oregonians are feeling graced the halls of the Georgian Club, ice of Reginald Heber Smith, who in his about the recent championships of Jef- including my predecessor here in the book, ‘‘Justice and the Poor,’’ stated: U.S. Senate, Zell Miller, my colleague, ferson High School’s girls’ and boys’ Without equal access to the law, the sys- Senator SAXBY CHAMBLISS, former tem not only robs the poor of their only pro- basketball teams, the Democrats. Both Speaker of the House, Newt Gingrich, tection, but it places it in the hands of their teams have been crowned winners of and President Jimmy Carter. oppressors the most powerful and ruthless the 2008 5A state championship, respec- The Georgian Club is the vision of weapon ever created. tively. Both the boys’ and girls’ bas- Jim Rhoden who has contributed to In short, Dick Halliburton has made ketball teams have had amazing sea- Cobb County and Georgia in countless Missouri’s justice system more acces- sons. In fact, Jefferson is the first high civic and charitable ways. sible for low-income people and, in school in 5A history to ever win dual It gives me a great deal of pleasure doing so, he has improved the lives of championships in the same season. and it is a privilege to recognize in the all Missourians. We are sincerely This is an extraordinary accomplish- U.S. Senate the 25th anniversary of the grateful for his work.∑ ment for a school that has only 600 Georgian Club. The Georgian Club is a f kids in their student body and com- wonderful asset to our community and petes with schools that are much larg- I congratulate this fine establishment UNIVERSITY OF SOUTH DAKOTA er in size all the time. on its well-deserved success.∑ WOMEN’S BASKETBALL TEAM The championships capped a regular ∑ f Mr. THUNE. Mr. President, today I season in which both teams turned in honor the University of South Dakota performances that were unprecedented TRIBUTE TO DICK HALLIBURTON Coyotes women’s basketball team on in Oregon sports history. The Jefferson ∑ Mrs. MCCASKILL. Mr. President, I their second place finish in the 2008 girls went undefeated with a regular ask the Senate to join me today in NCAA Division II Tournament. This season record of 27–0 and won their honoring Dick Halliburton, an accom- was USD’s first trip to the National championship against a very tough plished advocate at Legal Aid of West- Championship game. Hermiston team on March 8, 2008. The

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2941 Jefferson boys had a regular season Black who is known as the best sixth 3008, 3010–3014, and 3016 of the House record of 24–1. They duplicated the man in 5A basketball. The Jefferson bill, and sections 3001–3022, 3101–3107, girls’ victory the following weekend on boys’ roster was loaded with talent and 3201–3204 of the Senate amendment, March 15, 2008 by winning their first that gave them an option of a second and modifications committed to con- state championship in the 5A Division starting line up that often made it dif- ference: Messrs. BERMAN, SHERMAN, and against a very good Corvallis team. ficult for teams to prepare for them Ms. ROS-LEHTINEN. Both teams showed an incredible when Darrel Nelson, Noah Kone, Jona- From the Committee on the Judici- amount of determination; they proved than Hall, Marlon Miles, Alexander ary, for consideration of sections 11102, their great will to win and displayed a Johnson, Robert Price, and Rashad 11312, and 11314 of the House bill, and spirit that would not allow them to Dent entered the game. sections 5402, 10103, 10201, 10203, 10205, give up. As a former basketball player Jefferson keeps winning against all 11017, 11069, 11076, 13102, and 13104 of the myself, I know how hard it is to win odds. They are true champions and an Senate amendment, and modifications and play at a high level for multiple inspiration for all Americans both on committed to conference: Messrs. CON- games. I am especially proud because and off the court. Their commitment YERS, SCOTT of Virginia, and SMITH of Jefferson High School has a special and dedication to hard work has given Texas. place in my heart. When I started my me a new reason to be proud that I am From the Committee on Natural Re- public career in Portland, I lived in the an Oregonian. I will savor this unique sources, for consideration of sections Jefferson district, so I always feel like moment in our State’s sports history 2313, 2331, 2341, 2405, 2607, 2607A, 2611, it is home. along with my fellow 3 million Orego- 5401, 6020, 7033, 7311, 8101, 8112, 8121–8127, I learned a long time ago that the nians as I congratulate both the girls’ 8204, 8205, 11063, and 11075 of the Senate Jefferson community is the heart and and boys’ Democrats on a job well amendment, and modifications com- soul of Portland. That is why I want all done.∑ mitted to conference: Mr. RAHALL, Ms. of my colleagues in the Senate and peo- f BORDALLO, and Mrs. MCMORRIS ROD- GERS. ple around the country to know about MESSAGE FROM THE HOUSE the Jefferson Democrats’ Herculean ef- From the Committee on Oversight forts and achievements. These two At 1:18 p.m., a message from the and Government Reform, for consider- teams exemplify the character and true House of Representatives, delivered by ation of sections 1501 and 7109 of the values of Oregonians by proving that Ms. Niland, one of its reading clerks, House bill, and sections 7020, 7313, 7314, hard work can lead to great success. announced that the House disagrees to 7316, 7502, 8126, 8205, and 10201 of the They have shown that if you really the amendment of the Senate to the Senate amendment, and modifications work at something and are persistent, bill (H.R. 2419) to provide for the con- committed to conference: Messrs. WAX- MAN, TOWNS, and JORDAN of Ohio. you can get the job done on and off the tinuation of agricultural programs From the Committee on Science and hardwood. through fiscal year 2012, and for other Technology, for consideration of sec- I want to salute all the members of purposes, and agrees to the conference tions 4403, 9003, 9006, 9010, 9015, 9019, and the girls’ basketball team and ac- asked by the Senate on the disagreeing 9020 of the House bill, and sections 7039, knowledge the exceptional play of votes of the two Houses thereon. Ordered, that the following Members 7051, 7315, 7501, and 9001 of the Senate their starting lineup Janita Badon, be the managers of the conference on amendment, and modifications com- Dequise Hammick, Nyesha Sims, Ariel the part of the House: mitted to conference: Messrs. GORDON Reynolds, and Tyrisha Blake who have From the Committee on Agriculture, of Tennessee, LAMPSON, and MCCAUL of proven to be the best girls’ starting for consideration of the House bill (ex- Texas. lineup in Oregon. Without the solid cept title XII) and the Senate amend- From the Committee on Small Busi- contributions from Jasmine Smith, ment (except sections 12001, 12201–12601, ness, for consideration of subtitle D of Arquazia Jackson, Daniel Dixon, and 12701–12808), and modifications title XI of the Senate amendment, and Debbie Blackmon, Arqueisha Preston, committed to conference: Messrs. PE- modifications committed to con- Hollisha Watson, Denaya Brazzle and TERSON of Minnesota, HOLDEN, MCIN- ference: Ms. VELA´ ZQUEZ, Messrs. Adreya Hudson, the Democrats would TYRE, ETHERIDGE, BOSWELL, BACA, SHULER, and CHABOT. not have won a state championship. CARDOZA, SCOTT of Georgia, GOOD- From the Committee on Transpor- They also had great leadership that LATTE, LUCAS, MORAN of Kansas, tation and Infrastructure, for consider- took them all the way to the cham- HAYES, Mrs. MUSGRAVE, and Mr. ation of sections 2203, 2301, 6019, and pionship, starting with their head NEUGEBAUER. 6020 of the House bill, and sections 2604, coach, Michael Bontempts, and his out- From the Committee on Education 6029, 6030, 6034, and 11087 of the Senate standing assistant coaching staff. and Labor, for consideration of sec- amendment, and modifications com- I also want to salute the members of tions 4303 and 4304 of the House bill, mitted to conference: Mr. OBERSTAR, the boys’ basketball team who carried and sections 4901–4905, 4911, and 4912 of Ms. NORTON, and Mr. GRAVES. on the tradition of winning that has the Senate amendment, and modifica- From the Committee on Ways and been built by so many Jefferson cham- tions committed to conference: Mr. Means, for consideration of section 1303 pions who came before them commu- GEORGE MILLER of California, Mrs. and title XII of the House bill, and sec- nity and business leaders like Tony MCCARTHY of New York, and Mr. tions 12001–12601, and 12701–12808 of the Hopson, Ray Leary, Aaron Miles, and PLATTS. Senate amendment, and modifications Michael Lee. Each of them began at From the Committee on Energy and committed to conference: Messrs. RAN- Jefferson and went on to become win- Commerce, for consideration of sec- GEL, POMEROY, and MCCRERY. ners in life after winning champion- tions 6012, 6023, 6024, 6028, 6029, 9004, For consideration of the House bill ships on the court. It will not surprise 9005, and 9017 of the House bill, and sec- (except title XII) and the Senate me when I read about the huge indi- tions 6006, 6012, 6110–6112, 6202, 6302, amendment (except sections 12001, vidual successes that these stellar 7044, 7049, 7307, 7507, 9001, 11060, 11072, 12201–12601, and 12701–12808), and modi- players from the 2008 championship 11087, and 11101–11103 of the Senate fications committed to conference: Ms. teams will have in their future. Orego- amendment, and modifications com- DELAURO and Mr. PUTNAM. nians everywhere will surely be watch- mitted to conference: Messrs. DINGELL, The message also announced that the ing as they go off to pursue great PALLONE, and BARTON of Texas. House has passed the following bills, in things. From the Committee on Financial which it requests the concurrence of So I applaud all the players on the Services, for consideration of section the Senate: boys’ basketball team along with their 11310 of the House bill, and sections H.R. 2016. An act to establish the National head coach, Marshall Haskins, and his 6501–6505, 11068, and 13107 of the Senate Landscape Conservation System, and for coaching staff. They put together a other purposes. amendment, and modifications com- H.R. 5395. An act to designate the facility great starting line-up for the 2007–2008 mitted to conference: Mr. KANJORSKI, of the United States Postal Service located season, including Terrance Jones, Ms. WATERS, and Mr. BACHUS. at 11001 Dunklin Drive in St. Louis, Mis- Terrance Ross, Tyrone White, Kalonji From the Committee on Foreign Af- souri, as the ‘‘William ‘Bill’ Clay Post Office Paschel, Henry Williams and Jordan fairs, for consideration of sections 3001– Building’’.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2942 CONGRESSIONAL RECORD — SENATE April 10, 2008 H.R. 5472. An act to designate the facility partment of Defense, transmitting, pursuant ronmental Protection Agency, transmitting, of the United States Postal Service located to law, a report relative to the total cost for pursuant to law, the report of a rule entitled at 2650 Dr. Martin Luther King Jr. Street, In- the renovation of Wedges 2 through 5 of the ‘‘Approval and Promulgation of Implementa- dianapolis, Indiana, as the ‘‘Julia M. Carson Pentagon; to the Committee on Armed Serv- tion Plans; Revisions to the Nevada State Post Office Building’’. ices. Implementation Plan; Updated Statutory H.R. 5489. An act to designate the facility EC–5748. A communication from the Pro- and Regulatory Provisions; Rescissions’’ of the United States Postal Service located gram Analyst, Federal Aviation Administra- (FRL No . 8548-8) received on April 4, 2008; to at 6892 Main Street in Gloucester, Virginia, tion, Department of Transportation, trans- the Committee on Environment and Public as the ‘‘Congresswoman Jo Ann S. Davis mitting, pursuant to law, the report of a rule Works. Post Office’’. entitled ‘‘Airworthiness Directives; Piaggio EC–5758. A communication from the Direc- Aero Industries S.p.A. Model P 180 Air- tor, Regulatory Management Division, Envi- f planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– ronmental Protection Agency, transmitting, MEASURES REFERRED 087)) received on April 8, 2008; to the Com- pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- ‘‘Approval and Promulgation of State Air The following bill was read the first tation. Quality Plans for Designated Facilities and and the second times by unanimous EC–5749. A communication from the Pro- Pollutants; State of Maryland; Control of consent, and referred as indicated: gram Analyst, Federal Aviation Administra- Large Municipal Waste Combustor Emis- tion, Department of Transportation, trans- H.R. 5395. An act to designate the facility sions from Existing Facilities’’ (FRL No. mitting, pursuant to law, the report of a rule of the United States Postal Service located 8552-5) received on April 4, 2008; to the Com- entitled ‘‘Airworthiness Directives; Cirrus at 11001 Dunklin Drive in St. Louis, Mis- mittee on Environment and Public Works. Design Corporation Models SR20 and SR22 souri, as the ‘‘William ‘Bill’ Clay Post Office EC–5759. A communication from the Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– Branch Chief of Listing, Fish and Wildlife Building’’; to the Committee on Homeland CE–048)) received on April 8, 2008; to the Security and Governmental Affairs. Service, Department of the Interior, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule f Transportation. entitled ‘‘Endangered and Threatened Wild- EC–5750. A communication from the Pro- MEASURES DISCHARGED life and Plants; Designation of Critical Habi- gram Analyst, Federal Aviation Administra- tat for Helianthus paradoxus’’ (RIN1018- The following measure was dis- tion, Department of Transportation, trans- AV02) received on April 4, 2008; to the Com- mitting, pursuant to law, the report of a rule charged from the Committee on Envi- mittee on Environment and Public Works. entitled ‘‘Airworthiness Directives; ronment and Public Works by unani- EC–5760. A communication from the Regu- Eurocopter France Model AS–365N2 and N3, lations Officer, Federal Highway Adminis- mous consent, and referred as indi- SA–365C, C1 and C2, and SA–365N and N1 Hel- cated: tration, Department of Transportation, icopters’’ ((RIN2120–AA64)(Docket No. 2007– transmitting, pursuant to law, the report of H.R. 123. An act to authorize appropria- SW–43)) received on April 8, 2008; to the Com- a rule entitled ‘‘Parks, Recreation Areas , tions for the San Gabriel Basin Restoration mittee on Commerce, Science, and Transpor- Wildlife and Waterfowl Refuges, and Histor- tation. Fund; to the Committee on Energy and Nat- ical Sites’’ (RIN2125-AF14) received on March EC–5751. A communication from the Pro- ural Resources. 31, 2008; to the Committee on Environment gram Analyst, Federal Aviation Administra- f tion, Department of Transportation, trans- and Public Works. EC–5761. A communication from the Pro- mitting, pursuant to law, the report of a rule MEASURES PLACED ON THE gram Manager, Centers for Medicare and entitled ‘‘Airworthiness Directives; Bom- Medicaid Services, Department of Health CALENDAR bardier Model DHC–8–400 Series Airplanes’’ and Human Services, transmitting, pursuant ((RIN2120–AA64)(Docket No. 2008–NM–029)) The following bill was read the first to law, the report of a rule entitled ‘‘Medi- received on April 8, 2008; to the Committee and second times by unanimous con- care Program; Standards for E-Prescribing sent, and placed on the calendar: on Commerce, Science, and Transportation. EC–5752. A communication from the Senior Under Medicare Part D and Identification of H.R. 2016. An act to establish the National Vice President, Communications, Govern- Backward Compatible Version of Adopted Landscape Conservation System, and for ment and Valley Relations, Tennessee Valley Standard for E-Prescribing and the Medicare other purposes. Authority, transmitting, pursuant to law, Prescription Drug Program’’ (RIN0938-AO66) received on April 8, 2008; to the Committee f the Statistical Summary of the Board of Di- rectors for fiscal year 2007; to the Committee on Finance. ENROLLED BILL PRESENTED on Environment and Public Works. EC–5762. A communication from the Chief EC–5753. A communication from the Assist- of the Publications and Regulations Branch, The Secretary of the Senate reported ant Secretary of the Army (Civil Works), Internal Revenue Service, Department of the that on today, April 10, 2008, she had transmitting, pursuant to law, a report rel- Treasury, transmitting, pursuant to law, the presented to the President of the ative to a navigation improvement project report of a rule entitled ‘‘Regulations Under United States the following enrolled for Port Lions, Alaska; to the Committee on Section 6050L Relating to Information Re- bill: Environment and Public Works. turns by Donees of Qualified Intellectual EC–5754. A communication from the Direc- Property’’ ((RIN1545-BE11)(TD 9392)) received S. 550. An act to preserve existing judge- tor, Regulatory Management Division, Envi- on April 8, 2008; to the Committee on Fi- ships on the Superior Court of the District of ronmental Protection Agency, transmitting, nance. Columbia. pursuant to law, the report of a rule entitled EC–5763. A communication from the Chief f ‘‘1-methylcyclopropene; Amendment to and of the Publications and Regulations Branch, Exemption from the Requirement of a Toler- Internal Revenue Service, Department of the EXECUTIVE AND OTHER ance’’ (FRL No. 8357–5) received on April 8, Treasury, transmitting, pursuant to law, the COMMUNICATIONS 2008; to the Committee on Environment and report of a rule entitled ‘‘Update of Weighted The following communications were Public Works. Average Interest Rates, Yield Curves, and laid before the Senate, together with EC–5755. A communication from the Direc- Segment Rates’’ (Notice 2008-45) received on tor, Regulatory Management Division, Envi- April 8, 2008; to the Committee on Finance. accompanying papers, reports, and doc- ronmental Protection Agency, transmitting, EC–5764. A communication from the Pro- uments, and were referred as indicated: pursuant to law, the report of a rule entitled gram Manager, Office of Clinical Standards EC–5745. A communication from the Direc- ‘‘Approval and Promulgation of Implementa- and Quality, Department of Health and tor, Regulatory Management Division, Envi- tion Plans; State of Iowa’’ (FRL No. 8553-1) Human Services , transmitting, pursuant to ronmental Protection Agency, transmitting, received on April 8, 2008; to the Committee law, the report of a rule entitled ‘‘Medicare pursuant to law, the report of a rule entitled on Environment and Public Works. and Medicaid Programs; Conditions for Cov- ‘‘Fenhexamid; Pesticide Tolerance’’ (FRL EC–5756. A communication from the Direc- erage for End-Stage Renal Disease Facili- No. 8357–2) received on April 4, 2008; to the tor, Regulatory Management Division, Envi- ties’’ (Docket No. CMS-3818-F) received on Committee on Agriculture, Nutrition, and ronmental Protection Agency, transmitting, April 8, 2008; to the Committee on Finance. Forestry. pursuant to law, the report of a rule entitled EC–5765. A communication from the Assist- EC–5746. A communication from the Direc- ‘‘Approval and Promulgation of Implementa- ant Secretary, Office of Legislative Affairs, tor, Regulatory Management Division, Envi- tion Plans; North Carolina: Approval of Re- Department of State, transmitting, pursuant ronmental Protection Agency, transmitting, visions to the 1-Hour Ozone Maintenance to law , the report of a rule entitled ‘‘Amend- pursuant to law, the report of a rule entitled Plan for the Raleigh/Durham and Greens- ment to the International Traffic in Arms ‘‘Buprofezin; Pesticide Tolerance’’ (FRL No. boro/Winston-Salem/High Point Areas’’ (FRL Regulations: Part 121—The United States 8356–9) received on April 4, 2008; to the Com- No. 8551-9) received on April 4, 2008; to the Munitions List’’ (22 CFR Part 121) received mittee on Agriculture, Nutrition, and For- Committee on Environment and Public on April 4, 2008; to the Committee on Foreign estry. Works. Relations. EC–5747. A communication from the Direc- EC–5757. A communication from the Direc- EC–5766. A communication from the Dep- tor of Administration and Management, De- tor, Regulatory Management Division, Envi- uty Assistant Secretary, Office of Federal

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2943 Contract Compliance Programs, Department By Mr. BINGAMAN, from the Committee eries Restoration and Irrigation Mitigation of Labor, transmitting, pursuant to law, the on Energy and Natural Resources, without Act of 2000 to authorize appropriations for report of a rule entitled ‘‘Nondiscrimination amendment: fiscal years 2008 through 2014, and for other and Affirmative Action Obligations of Con- S. 189. A bill to decrease the matching purposes (Rept. No. 110–297). tractors and Subcontractors Regarding Pro- funds requirements and authorize additional By Mr. BINGAMAN, from the Committee tected Veterans’’ (RIN1215-AB65) received on appropriations for Keweenaw National His- on Energy and Natural Resources, without April 8, 2008; to the Committee on Health, torical Park in the State of Michigan (Rept. amendment: Education, Labor , and Pensions. No. 110–286). S. 1740. A bill to amend the Act of Feb- EC–5767. A communication from the Direc- By Mr. BINGAMAN, from the Committee ruary 22, 1889, and the Act of July 2, 1862, to tor, Division for Strategic Human Resources on Energy and Natural Resources, with an provide for the management of public land Policy, Office of Personnel Management, amendment in the nature of a substitute: trust funds in the State of North Dakota transmitting, pursuant to law, the report of S. 1039. A bill to extend the authorization for the Coastal Heritage Trail in the State of (Rept. No. 110–298). a rule entitled ‘‘Annual Leave for Senior- By Mr. BINGAMAN, from the Committee Level Employees’’ (RIN3206-AL49) received New Jersey (Rept. No. 110–287). By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an on April 8, 2008; to the Committee on Home- on Energy and Natural Resources, with an amendment in the nature of a substitute: land Security and Governmental Affairs. amendment in the nature of a substitute and S. 1802. A bill to adjust the boundaries of EC–5768. A communication from the Direc- the Frank Church River of No Return Wil- tor, Voting Rights Program, Office of Per- an amendment to the title: S. 1143. A bill to designate the Jupiter derness in the State of Idaho (Rept. No. 110– sonnel Management, transmitting, pursuant Inlet Lighthouse and the surrounding Fed- 299). to law, the report of a rule entitled ‘‘Amend- eral land in the State of Florida as an Out- S. 1921. A bill to amend the American Bat- ments to Conform the United States Code of standing Natural Area and as a unit of the tlefield Protection Act of 1996 to extend the Federal Regulations to the Voting Rights National Landscape System, and for other authorization for that Act, and for other pur- Reauthorization and Amendments Act of purposes (Rept. No. 110–288). poses (Rept. No. 110–300). 2006’’ (RIN3206-AL40) received on April 8, By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee 2008; to the Committee on Homeland Secu- on Energy and Natural Resources, with an on Energy and Natural Resources, with rity and Governmental Affairs. amendment in the nature of a substitute and amendments: EC–5769. A communication from the Dep- an amendment to the title: uty Archivist, National Archives and S. 1939. A bill to provide for the convey- S. 1247. A bill to amend the Weir Farm Na- ance of certain land in the Santa Fe Na- Records Administration, transmitting, pur- tional Historic Site Establishment Act of suant to law, the report of a rule entitled tional Forest, New Mexico (Rept. No. 110– 1990 to limit the development of any prop- 301). ‘‘Locations and Hours; Changes in NARA Re- erty acquired by the Secretary of the Inte- By Mr. BINGAMAN, from the Committee search Room Hours’’ (RIN3095-AB57) received rior for the development of visitor and ad- on Energy and Natural Resources, with an on April 4, 2008; to the Committee on Home- ministrative facilities for the Weir Farm Na- amendment: land Security and Governmental Affairs. tional Historic Site, and for other purposes S. 1940. A bill to reauthorize the Rio EC–5770. A communication from the Sec- (Rept. No. 110–289). retary of Transportation, transmitting, pur- S. 1304. A bill to amend the National Trails Puerco Watershed Management Program, suant to law, the Semiannual Report of the System Act to designate the Arizona Na- and for other purposes (Rept. No. 110–302). Inspector General for the period ending Sep- tional Scenic Trail (Rept. No. 110–290). By Mr. BINGAMAN, from the Committee tember 30, 2007; to the Committee on Home- By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an land Security and Governmental Affairs. on Energy and Natural Resources, with amendment in the nature of a substitute and EC–5771. A communication from the Chair- amendments: an amendment to the title: man of the Council of the District of Colum- S. 1329. A bill to extend the Acadia Na- S. 1941. A bill to direct the Secretary of the bia, transmitting a Council Resolution enti- tional Park Advisory Commission, to provide Interior to study the suitability and feasi- tled, ‘‘Sense of the Council in Support of Es- improved visitor services at the park, and for bility of designating the Wolf House, located tablishing the United States of America’s other purposes (Rept. No. 110–291). in Norfolk, Arkansas, as a unit of the Na- First National Civilian University in our Na- By Mr. BINGAMAN, from the Committee tional Park System, and for other purposes tion’s Capital Resolution of 2008’’; to the on Energy and Natural Resources, with an (Rept. No. 110–303). Committee on Homeland Security and Gov- amendment in the nature of a substitute: By Mr. BINGAMAN, from the Committee ernmental Affairs. S. 1341. A bill to provide for the exchange on Energy and Natural Resources, with an EC–5772. A communication from the Prin- of certain Bureau of Land Management land amendment: in Pima County, Arizona, and for other pur- cipal Deputy Assistant Attorney General, Of- S. 1961. A bill to expand the boundaries of poses (Rept. No. 110–292). fice of Legislative Affairs, Department of the Little River Canyon National Preserve in Justice, transmitting, pursuant to law, the S. 1365. A bill to amend the Omnibus Parks and Public Lands Management Act of 1996 to the State of Alabama (Rept. No. 110–304). report of the Attorney General relative to By Mr. BINGAMAN, from the Committee the Administration of the Foreign Agents authorize the Secretary of the Interior to enter into cooperative agreements with any on Energy and Natural Resources, with Registration Act for the six months ending amendments: June 30, 2007; to the Committee on the Judi- of the management partners of the Boston S. 1969. A bill to authorize the Secretary of ciary. Harbor Islands National Recreation Area, the Interior to conduct a special resource f and for other purposes (Rept. No. 110–293). By Mr. BINGAMAN, from the Committee study to determine the suitability and feasi- REPORTS OF COMMITTEES on Energy and Natural Resources, without bility of designating Estate Grange and The following reports of committees amendment: other sites related to Alexander Hamilton’s S. 1377. A bill to direct the Secretary of the life on the island of St. Croix in the United were submitted: Interior to convey to the City of Henderson, States Virgin Islands as a unit of the Na- By Mr. BINGAMAN, from the Committee Nevada, certain Federal land located in the tional Park System, and for other purposes on Energy and Natural Resources, with an City, and for other purposes (Rept. No. 110– (Rept. No. 110–305). amendment in the nature of a substitute and 294). S. 1991. A bill to authorize the Secretary of an amendment to the title: By Mr. BINGAMAN, from the Committee the Interior to conduct a study to determine S. 86. A bill to designate segments of Fossil on Energy and Natural Resources, with an the suitability and feasibility of extending Creek, a tributary to the Verde River in the amendment: the Lewis and Clark National Historic Trail State of Arizona, as wild and scenic rivers S. 1433. A bill to amend the Alaska Na- to include additional sites associated with (Rept. No. 110–283). tional Interest Lands Conservation Act to By Mr. BINGAMAN, from the Committee the preparation and return phases of the ex- provide competitive status to certain Fed- pedition, and for other purposes (Rept. No. on Energy and Natural Resources, with an eral employees in the State of Alaska (Rept. amendment: 110–306). No. 110–295). By Mr. BINGAMAN, from the Committee S. 127. A bill to amend the Great Sand By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an Dunes National Park and Preserve Act of on Energy and Natural Resources, with an amendment in the nature of a substitute and 2000 to explain the purpose and provide for amendment in the nature of a substitute: the administration of the Baca National S. 1476. A bill to authorize the Secretary of an amendment to the title: Wildlife Refuge (Rept. No. 110–284). the Interior to conduct special resources S. 2034. A bill to amend the Oregon Wilder- By Mr. BINGAMAN, from the Committee study of the Tule Lake Segregation Center ness Act of 1984 to designate the Copper on Energy and Natural Resources, with an in Modoc County, California, to determine Salmon Wilderness and to amend the Wild amendment in the nature of a substitute and suitability and feasibility of establishing a and Scenic Rivers Act to designate segments an amendment to the title: unit of the National Park System (Rept. No. of the North and South Forks of the Elk S. 128. A bill to amend the Cache La 110–296). River in the State of Oregon as wild or sce- Poudre River Corridor Act to designate a By Mr. BINGAMAN, from the Committee nic rivers, and for other purposes (Rept. No. new management entity, make certain tech- on Energy and Natural Resources, with 110–307). nical and conforming amendments, enhance amendments and an amendment to the title: S. 2098. A bill to establish the Northern private property protections, and for other S. 1522. A bill to amend the Bonneville Plains Heritage Area in the State of North purposes (Rept. No. 110–285). Power Administration portions of the Fish- Dakota (Rept. No. 110–308).

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2944 CONGRESSIONAL RECORD — SENATE April 10, 2008 S. 2220. A bill to amend the Outdoor Recre- H.R. 1526. A bill to amend the Reclamation as the ‘‘Major Arthur Chin Post Office Build- ation Act of 1963 to authorize certain appro- Wastewater and Groundwater Study and Fa- ing’’. priations (Rept. No. 110–309). cilities Act to authorize the Bay Area Re- H.R. 5400. A bill to designate the facility of By Mr. BINGAMAN, from the Committee gional Water Recycling Program, and for the United States Postal Service located at on Energy and Natural Resources, without other purposes (Rept. No. 110–322). 160 East Washington Street in Chagrin Falls, amendment: H.R. 1662. A bill to authorize the Secretary Ohio, as the ‘‘Sgt. Michael M. Kashkoush H.R. 30. A bill to amend the Reclamation of the Interior to seek limited reimburse- Post Office Building’’. Wastewater and Groundwater Study and Fa- ment for site security activities, and for S. 2534. A bill to designate the facility of cilities Act to authorize the Secretary of the other purposes (Rept. No. 110–323). the United States Postal Service located at Interior to participate in the Eastern Munic- H.R. 3079. To amend the joint resolution 2650 Dr. Martin Luther King Jr. Street, Indi- ipal Water District Recycled Water System that approved the covenant establishing the anapolis, Indiana, as the ‘‘Julia M. Carson Pressurization and Expansion Project (Rept. Commonwealth of the Northern Mariana Is- Post Office Building’’. No. 110–310). lands, and for other purposes (Rept. No. 110– S. 2626. A bill to designate the facility of H.R. 299. A bill to adjust the boundary of 324). the United States Postal Service located at Lowell National Historical Park, and for By Mr. LIEBERMAN, from the Committee 160 East Washington Street in Chagrin Falls, other purposes (Rept. No. 110–311). on Homeland Security and Governmental Af- Ohio, as the ‘‘Sergeant Michael M. H.R. 359. A bill to authorize the Secretary fairs, without amendment: Kashkoush Post Office Building’’. of the Interior to conduct a special resource H.R. 3196. A bill to designate the facility of S. 2673. A bill to designate the facility of study of sites associated with the life of the United States Postal Service located at the United States Postal Service located at Cesar Estarada Chavez and the farm labor 20 Sussex Street in Port Jervis, New York, as 10799 West Alameda Avenue in Lakewood, movement (Rept. No. 110–312). the ‘‘E. Arthur Gray Post Office Building’’. Colorado, as the ‘‘Felix Sparks Post Office H.R. 759. A bill to redesignate the Ellis Is- H.R. 3468. A bill to designate the facility of Building’’. land Library on the third floor of the Ellis the United States Postal Service located at S. 2675. A bill to designate the facility of Island Immigration Museum, located on 1704 Weeksville Road in Elizabeth City, the United States Postal Service located at Ellis Island in New York Harbor, as the ‘‘Bob North Carolina, as the ‘‘Dr. Clifford Bell 201 West Greenway Street in Derby, Kansas, Hope Memorial Library’’ (Rept. No . 110–313). Jones, Sr. Post Office’’. as the ‘‘Sergeant Jamie O. Maugans Post Of- H.R. 807. A bill to direct the Secretary of H.R. 3532. A bill to designate the facility of the Interior to conduct a special resource fice Building’’. the United States Postal Service located at S. 2725. A bill to designate the facility of study to determine the feasibility and suit- 5815 McLeod Street in Lula, Georgia, as the ability of establishing a memorial to the the United States Postal Service located at ‘‘Private Johnathon Millican Lula Post Of- 6892 Main Street in Gloucester, Virginia, as Space Shuttle Columbia in the State of fice’’. Texas and for its inclusion as a unit of the the ‘‘Congresswoman Jo Ann S. Davis Post H.R. 3720. A bill to designate the facility of Office’’. National Park System (Rept. No. 110–314). the United States Postal Service located at By Mr. BINGAMAN, from the Committee 424 Clay Avenue in Waco, Texas, as the f on Energy and Natural Resources, with an ‘‘Army PFC Juan Alonso Covarrubias Post EXECUTIVE REPORT OF amendment in the nature of a substitute: Office Building’’. H.R. 815. A bill to provide for the convey- COMMITTEE H.R. 3803. A bill to designate the facility of ance of certain land in Clark County, Ne- the United States Postal Service located at The following executive report of a vada, for use by the Nevada National Guard 3100 Cashwell Drive in Goldsboro, North (Rept. No. 110–315). nomination was submitted: Carolina, as the ‘‘John Henry Wooten, Sr. By Mr. BINGAMAN, from the Committee By Mr. LIEBERMAN for the Committee on Post Office Building’’. on Energy and Natural Resources, without Homeland Security and Governmental Af- H.R. 3936. A bill to designate the facility of amendment: fairs. the United States Postal Service located at H.R. 830. A bill to authorize the exchange *Harvey E. Johnson, Jr., of Virginia, to be 116 Helen Highway in Cleveland, Georgia, as of certain interests in land in Denali Na- Deputy Administrator, Federal Emergency the ‘‘Sgt. Jason Harkins Post Office Build- tional Park in the State of Alaska (Rept. No. Management Agency, Department of Home- ing’’. 110–316) . land Security. H.R. 3988. A bill to designate the facility of H.R. 1021. A bill to direct the Secretary of *Nomination was reported with rec- the Interior to conduct a special resources the United States Postal Service located at study regarding the suitability and feasi- 3701 Altamesa Boulevard in Fort Worth, ommendation that it be confirmed sub- bility of designating certain historic build- Texas, as the ‘‘Master Sergeant Kenneth N. ject to the nominee’s commitment to ings and areas in Taunton, Massachusetts, as Mack Post Office Building’’. respond to requests to appear and tes- a unit of the National Park System, and for H.R. 4166. A bill to designate the facility of tify before any duly constituted com- other purposes (Rept. No. 110–317). the United States Postal Service located at mittee of the Senate. H.R. 1025. A bill to authorize the Secretary 701 East Copeland Drive in Lebanon, Mis- of the Interior to conduct a study to deter- souri, as the ‘‘Steve W. Allee Carrier f mine the feasibility of implementing a water Annex’’. H.R. 4203. To designate the facility of the INTRODUCTION OF BILLS AND supply and conservation project to improve JOINT RESOLUTIONS water supply reliability, increase the capac- United States Postal Service located at 3035 ity of water storage, and improve water Stone Mountain Street in Lithonia, Georgia, The following bills and joint resolu- management efficiency in the Republican as the ‘‘Specialist Jamaal RaShard Addison tions were introduced, read the first River Basin between Harlan County Lake in Post Office Building’’. and second times by unanimous con- H.R. 4211. A bill to designate the facility of Nebraska and Milford Lake in Kansas (Rept. sent, and referred as indicated: No. 110–318). the United States Postal Service located at H.R. 1191. A bill to authorize the National 725 Roanoke Avenue in Roanoke Rapids, By Mr. CORNYN (for himself, Mr. Park Service to pay for services rendered by North Carolina, as the ‘‘Judge Richard B. GREGG, Mr. LIEBERMAN, and Mr. subcontractors under a General Services Ad- Allsbrook Post Office’’. HAGEL): ministration Indefinite Deliver Indefinite H.R. 4240. A bill to designate the facility of S. 2839. A bill to provide emergency relief Quantity Contract issued for work to be the United States Postal Service located at for United States businesses and industries completed at the Grand Canyon National 10799 West Alameda Avenue in Lakewood, currently employing temporary foreign Park (Rept. No. 110–319). Colorado, as the ‘‘Felix Sparks Post Office workers and for other purposes; to the Com- H.R. 1239. A bill to amend the National Un- Building’’. mittee on the Judiciary. derground Railroad Network to Freedom Act H.R. 4454. A bill to designate the facility of By Mr. SCHUMER (for himself and Mr. of 1998 to authorize additional funding to the United States Postal Service located at HAGEL): carry out the Act, and for other purposes 3050 Hunsinger Lane in Louisville, Kentucky, S. 2840. A bill to establish a liaison with (Rept. No. 110–320). as the ‘‘Iraq and Afghanistan Fallen Military the Federal Bureau of Investigation in By Mr. BINGAMAN, from the Committee Heroes of Louisville Memorial Post Office United States Citizenship and Immigration on Energy and Natural Resources, with Building’’, in honor of the servicemen and Services to expedite naturalization applica- amendments: women from Louisville, Kentucky, who died tions filed by members of the Armed Forces H.R. 1462. A bill to authorize the Secretary in service during Operation Enduring Free- and to establish a deadline for processing of the Interior to participate in the imple- dom and Operation Iraqi Freedom. such applications; to the Committee on the mentation of the Platte River Recovery Im- H.R. 5135. A bill to designate the facility of Judiciary. plementation Program for Endangered Spe- the United States Postal Service located at By Mrs. FEINSTEIN: cies in the Central and Lower Platte River 201 West Greenway Street in Derby, Kansas, S. 2841. A bill to amend the Oil Pollution Basin and to modify the Pathfinder Dam and as the ‘‘Sergeant Jamie O. Maugans Post Of- Act of 1990 and title 46, United States Code, Reservoir (Rept. No. 110–321). fice Building’’. to establish a marine emergency protocol By Mr. BINGAMAN, from the Committee H.R. 5220. A bill to designate the facility of and requirements for double-hulling of vessel on Energy and Natural Resources, without the United States Postal Service located at fuel tanks; to the Committee on Commerce, amendment: 3800 SW. 185th Avenue in Beaverton, Oregon, Science, and Transportation.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2945 By Mr. REID (for himself, Mr. BINGA- By Mr. COLEMAN (for himself and Mr. (Ms. KLOBUCHAR) was added as a co- MAN, Mr. SALAZAR, and Mr. TESTER): HARKIN): sponsor of S. 616, a bill to promote S. 2842. A bill to require the Secretary of S. Con. Res. 75. A concurrent resolution ex- health care coverage parity for individ- pressing the sense of Congress that the Sec- the Interior to carry out annual inspections uals participating in legal recreational of , levees, tunnels, dikes, pumping retary of Defense should take immediate plants, dams, and reservoirs under the juris- steps to appoint doctors of chiropractic as activities or legal transportation ac- diction of the Secretary, and for other pur- commissioned officers in the Armed Forces; tivities. poses; to the Committee on Energy and Nat- to the Committee on Armed Services. S. 789 ural Resources. f At the request of Mr. GRASSLEY, the By Mr. COLEMAN (for himself and Mr. name of the Senator from Delaware LEVIN): ADDITIONAL COSPONSORS (Mr. CARPER) was added as a cosponsor S. 2843. A bill to amend the Internal Rev- S. 22 enue Code of 1986 to allow a continuous levy of S. 789, a bill to prevent abuse of Gov- At the request of Mr. WEBB, the name ernment credit cards. on payments to Medicaid providers and sup- of the Senator from Hawaii (Mr. pliers; to the Committee on Finance. S. 932 AKAKA) was added as a cosponsor of S. By Mr. LAUTENBERG (for himself, At the request of Mrs. LINCOLN, the 22, a bill to amend title 38, United Mr. VOINOVICH, Mr. MENENDEZ, and name of the Senator from Rhode Island States Code, to establish a program of Mr. WARNER): (Mr. WHITEHOUSE) was added as a co- S. 2844. A bill to amend the Federal Water educational assistance for members of sponsor of S. 932, a bill to amend title Pollution Control Act to modify provisions the Armed Forces who serve in the XVIII of the Social Security Act to au- relating to beach monitoring, and for other Armed Forces after September 11, 2001, thorize physical therapists to evaluate purposes; to the Committee on Environment and for other purposes. and Public Works. and treat Medicare beneficiaries with- S. 45 By Mr. MARTINEZ: out a requirement for a physician re- S. 2845. A bill to amend title XIX of the So- At the request of Mr. ENSIGN, the ferral, and for other purposes. cial Security Act to require asset name of the Senator from Mississippi S. 961 verification through access to information (Mr. WICKER) was added as a cosponsor held by financial institutions, to reduce of S. 45, a bill to amend title XVIII of At the request of Mr. NELSON of Ne- fraud and abuse in State Medicaid programs, the Social Security Act to make a braska, the name of the Senator from and for other purposes; to the Committee on technical correction in the definition Louisiana (Mr. VITTER) was added as a Finance. of outpatient speech-language pathol- cosponsor of S. 961, a bill to amend By Mr. SCHUMER: ogy services. title 46, United States Code, to provide S. 2846. A bill to amend the Internal Rev- benefits to certain individuals who S. 329 enue Code of 1986 to allow a $1,000 refundable served in the United States merchant At the request of Mr. CRAPO, the credit for individuals who are bona fide vol- marine (including the Army Transport unteer members of volunteer firefighting and names of the Senator from Mississippi Service and the Naval Transport Serv- emergency medical service organizations; to (Mr. WICKER) and the Senator from ice) during World War II, and for other the Committee on Finance. Mississippi (Mr. COCHRAN) were added purposes. By Mr. KERRY: as cosponsors of S. 329, a bill to amend S. 2847. A bill to amend the Federal Home S. 1301 Loan Bank Act to allow Federal home loan title XVIII of the Social Security Act to provide coverage for cardiac reha- At the request of Mr. DEMINT, the banks to invest surplus funds in student loan name of the Senator from Mississippi securities and make advances for student bilitation and pulmonary rehabilita- loan financing, and for other purposes; to the tion services. (Mr. WICKER) was added as a cosponsor of S. 1301, a bill to preserve and protect Committee on Banking, Housing, and Urban S. 388 the free choice of individual employees Affairs. At the request of Mr. THUNE, the By Mr. BROWN: name of the Senator from Mississippi to form, join, or assist labor organiza- S. 2848. A bill to provide for health care tions, or to refrain from such activi- (Mr. WICKER) was added as a cosponsor benefits for certain nuclear facility workers; ties. to the Committee on Health, Education, of S. 388, a bill to amend title 18, S. 1312 Labor, and Pensions. United States Code, to provide a na- By Ms. KLOBUCHAR: tional standard in accordance with At the request of Mr. DEMINT, the S. 2849. A bill to temporarily delay applica- which nonresidents of a State may name of the Senator from Mississippi tion of proposed changes to the Depart- carry concealed firearms in the State. (Mr. WICKER) was added as a cosponsor mental Appeals Board within the Depart- S. 431 of S. 1312, a bill to amend the National ment of Health and Human Services; to the At the request of Mr. SCHUMER, the Labor Relations Act to ensure the Committee on Health, Education, Labor, and right of employees to a secret-ballot Pensions. name of the Senator from Louisiana (Mr. VITTER) was added as a cosponsor election conducted by the National f of S. 431, a bill to require convicted sex Labor Relations Board. SUBMISSION OF CONCURRENT AND offenders to register online identifiers, S. 1570 SENATE RESOLUTIONS and for other purposes. At the request of Mr. DEMINT, the name of the Senator from Mississippi The following concurrent resolutions S. 432 (Mr. WICKER) was added as a cosponsor and Senate resolutions were read, and At the request of Mrs. LINCOLN, the of S. 1570, a bill to amend the National referred (or acted upon), as indicated: names of the Senator from Mississippi (Mr. WICKER) and the Senator from In- Labor Relations Act to protect em- By Mrs. MURRAY (for herself and Mr. AYH ployer rights. INHOFE): diana (Mr. B ) were added as cospon- S. Res. 510. A resolution supporting the sors of S. 432, a bill to amend title S. 1718 goals and ideals of National Cystic Fibrosis XVIII of the Social Security Act to At the request of Mr. BROWN, the Awareness Month; to the Committee on provide coverage for kidney disease name of the Senator from Michigan Health, Education, Labor, and Pensions. education services under the Medicare (Ms. STABENOW) was added as a cospon- By Mrs. MCCASKILL (for herself, Mr. program, and for other purposes. sor of S. 1718, a bill to amend the LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. S. 519 Servicemembers Civil Relief Act to CLINTON, and Mr. WEBB): provide for reimbursement to S. Res. 511. A resolution recognizing that At the request of Mr. MCCAIN, the John Sidney McCain, III, is a natural born name of the Senator from Louisiana servicemembers of tuition for pro- citizen; to the Committee on the Judiciary. (Mr. VITTER) was added as a cosponsor grams of education interrupted by By Mr. DeMINT (for himself, Mr. BAU- of S. 519, a bill to modernize and ex- military service, for deferment of stu- CUS, Mr. MCCONNELL, Mr. ALLARD, pand the reporting requirements relat- dent loans and reduced interest rates Mr. CHAMBLISS, Mr. CORNYN, Mr. ing to child pornography, to expand co- for servicemembers during periods of CRAIG, Mr. ENSIGN, Mr. ENZI, Mr. operation in combating child pornog- military service, and for other pur- INHOFE, Mr. NELSON of Nebraska, and raphy, and for other purposes. poses. Mr. WEBB): S. Res. 512. A resolution honoring the life S. 616 S. 1843 of Charlton Heston; to the Committee on the At the request of Ms. COLLINS, the At the request of Mr. KENNEDY, the Judiciary. name of the Senator from Minnesota name of the Senator from Florida (Mr.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2946 CONGRESSIONAL RECORD — SENATE April 10, 2008 NELSON) was added as a cosponsor of S. outpatient Medicaid rule making simi- dedication and valor of Native Amer- 1843, a bill to amend title VII of the lar changes. ican code talkers. Civil Rights Act of 1964 and the Age S. 2495 S. 2685 Discrimination in Employment Act of At the request of Mr. BIDEN, the At the request of Mr. LAUTENBERG, 1967 to clarify that an unlawful prac- name of the Senator from Florida (Mr. the name of the Senator from New tice occurs each time compensation is NELSON) was added as a cosponsor of S. York (Mrs. CLINTON) was added as a co- paid pursuant to a discriminatory com- 2495, a bill to amend title 18, United sponsor of S. 2685, a bill to prohibit cig- pensation decision or other practice, States Code, and the Federal Rules of arette manufacturers from making and for other purposes. Criminal Procedure with respect to claims or representations based on S. 2035 bail bond forfeitures. data derived from the cigarette testing At the request of Mr. SPECTER, the S. 2533 method established by the Federal Trade Commission. name of the Senator from Colorado At the request of Mr. KENNEDY, the (Mr. SALAZAR) was added as a cospon- name of the Senator from Connecticut S. 2708 sor of S. 2035, a bill to maintain the (Mr. DODD) was added as a cosponsor of At the request of Mrs. BOXER, the free flow of information to the public S. 2533, a bill to enact a safe, fair, and name of the Senator from Maine (Ms. by providing conditions for the feder- responsible state secrets privilege Act. COLLINS) was added as a cosponsor of S. 2708, a bill to amend the Public Health ally compelled disclosure of informa- S. 2543 tion by certain persons connected with Service Act to attract and retain At the request of Mr. ENSIGN, the trained health care professionals and the news media. names of the Senator from Mississippi direct care workers dedicated to pro- S. 2067 (Mr. WICKER) and the Senator from viding quality care to the growing pop- At the request of Mr. MARTINEZ, the Louisiana (Mr. VITTER) were added as ulation of older Americans. name of the Senator from Colorado cosponsors of S. 2543, a bill to amend S. 2717 (Mr. ALLARD) was added as a cosponsor title 18, United States Code, to prohibit At the request of Mr. CHAMBLISS, the of S. 2067, a bill to amend the Federal taking minors across State lines in cir- name of the Senator from Tennessee Water Pollution Control Act relating cumvention of laws requiring the in- (Mr. CORKER) was added as a cosponsor to recreational vessels. volvement of parents in abortion deci- of S. 2717, a bill to provide for enhanced S. 2119 sions. Federal enforcement of, and State and At the request of Mr. JOHNSON, the S. 2595 local assistance in the enforcement of, name of the Senator from Mississippi At the request of Mrs. FEINSTEIN, the the immigration laws of the United (Mr. WICKER) was added as a cosponsor names of the Senator from Illinois (Mr. States, and for other purposes. of S. 2119, a bill to require the Sec- BAMA O ), the Senator from North Caro- S. 2756 retary of the Treasury to mint coins in lina (Mrs. DOLE), the Senator from New commemoration of veterans who be- At the request of Mr. BIDEN, the York (Mrs. CLINTON), the Senator from name of the Senator from South Da- came disabled for life while serving in Minnesota (Ms. KLOBUCHAR), the Sen- the Armed Forces of the United States. kota (Mr. JOHNSON) was added as a co- ator from Maryland (Ms. MIKULSKI) and sponsor of S. 2756, a bill to amend the S. 2186 the Senator from Washington (Ms. National Child Protection Act of 1993 At the request of Mr. SMITH, the CANTWELL) were added as cosponsors of to establish a permanent background name of the Senator from Mississippi S. 2595, a bill to create a national li- check system. (Mr. WICKER) was added as a cosponsor censing system for residential mort- S. 2766 of S. 2186, a bill to permit individuals gage loan originators, to develop min- At the request of Mr. NELSON of Flor- who are employees of a grantee that is imum standards of conduct to be en- ida, the name of the Senator from Cali- receiving funds under section 330 of the forced by State regulators, and for fornia (Mrs. FEINSTEIN) was added as a Public Health Service Act to enroll in other purposes. cosponsor of S. 2766, a bill to amend the health insurance coverage provided S. 2619 Federal Water Pollution Control Act to under the Federal Employees Health At the request of Mr. COBURN, the address certain discharges incidental Benefits Program. names of the Senator from South Da- to the normal operation of a rec- S. 2209 kota (Mr. THUNE), the Senator from reational vessel. At the request of Mr. HATCH, the Georgia (Mr. ISAKSON) and the Senator S. 2768 name of the Senator from Tennessee from Arizona (Mr. KYL) were added as At the request of Mr. AKAKA, the (Mr. ALEXANDER) was added as a co- cosponsors of S. 2619, a bill to protect name of the Senator from Georgia (Mr. sponsor of S. 2209, a bill to amend the innocent Americans from violent crime ISAKSON) was added as a cosponsor of S. Internal Revenue Code of 1986 to pro- in national parks. 2768, a bill to provide a temporary in- vide incentives to improve America’s S. 2652 crease in the maximum loan guaranty research competitiveness, and for other At the request of Ms. LANDRIEU, the amount for certain housing loans guar- purposes. name of the Senator from Mississippi anteed by the Secretary of Veterans S. 2408 (Mr. WICKER) was added as a cosponsor Affairs. At the request of Mr. KERRY, the of S. 2652, a bill to authorize the Sec- S. 2800 name of the Senator from Texas (Mr. retary of Defense to make a grant to At the request of Mr. SPECTER, the CORNYN) was added as a cosponsor of S. the National World War II Museum name of the Senator from Delaware 2408, a bill to amend title XVIII of the Foundation for facilities and programs (Mr. BIDEN) was added as a cosponsor of Social Security Act to require physi- of America’s National World War II S. 2800, a bill to increase the incentives cian utilization of the Medicare elec- Museum. for employers to hire qualified ex-fel- tronic prescription drug program. S. 2681 ons by enhancing the effectiveness of S. 2460 At the request of Mr. INHOFE, the the work opportunity tax credit, to re- At the request of Mrs. DOLE, the names of the Senator from California duce the backlog of applications pend- name of the Senator from Texas (Mr. (Mrs. BOXER), the Senator from Idaho ing certification under the work oppor- CORNYN) was added as a cosponsor of S. (Mr. CRAPO), the Senator from North tunity tax credit program, to enhance 2460, a bill to extend by one year the Carolina (Mrs. DOLE), the Senator from the effectiveness of the Federal bond- moratorium on implementation of a New Mexico (Mr. DOMENICI), the Sen- ing program, to enhance the effective- rule relating to the Federal-State fi- ator from Texas (Mrs. HUTCHISON), the ness of the Federal bonding program, nancial partnership under Medicaid Senator from Louisiana (Ms. and to authorize a pilot program for and the State Children’s Health Insur- LANDRIEU), the Senator from Arizona employment-focused re-entry projects. ance Program and on finalization of a (Mr. MCCAIN) and the Senator from S. 2819 rule regarding graduate medical edu- Ohio (Mr. VOINOVICH) were added as co- At the request of Mr. ROCKEFELLER, cation under Medicaid and to include a sponsors of S. 2681, a bill to require the the name of the Senator from Cali- moratorium on the finalization of the issuance of medals to recognize the fornia (Mrs. FEINSTEIN) was added as a

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2947 cosponsor of S. 2819, a bill to preserve funding provided by the United States AMENDMENT NO. 4521 access to Medicaid and the State Chil- to the Government of Iraq in the future At the request of Mr. COBURN, the dren’s Health Insurance Program dur- for reconstruction and training for se- name of the Senator from Arizona (Mr. ing an economic downturn, and for curity forces be provided as a loan to MCCAIN) was added as a cosponsor of other purposes. the Government of Iraq. amendment No. 4521 proposed to S. S. 2821 S. RES. 509 2739, a bill to authorize certain pro- At the request of Ms. CANTWELL, the At the request of Mr. SANDERS, the grams and activities in the Department name of the Senator from Iowa (Mr. name of the Senator from Illinois (Mr. of the Interior, the Forest Service, and GRASSLEY) was added as a cosponsor of DURBIN) was added as a cosponsor of S. the Department of Energy, to imple- S. 2821, a bill to amend the Internal Res. 509, a resolution recognizing the ment further the Act approving the Revenue Code of 1986 to provide for the week of April 7, 2008 to April 13, 2008, as Covenant to Establish a Common- limited continuation of clean energy ‘‘National Public Health Week’’. wealth of the Northern Mariana Islands in Political Union with the United production incentives and incentives to AMENDMENT NO. 4402 States of America, to amend the Com- improve energy efficiency in order to At the request of Mr. MENENDEZ, the prevent a downturn in these sectors pact of Free Association Amendments names of the Senator from New York Act of 2003, and for other purposes. that would result from a lapse in the (Mrs. CLINTON), the Senator from Penn- AMENDMENT NO. 4522 tax law. sylvania (Mr. CASEY) and the Senator At the request of Mr. COBURN, the S. 2822 from New York (Mr. SCHUMER) were name of the Senator from Arizona (Mr. At the request of Mr. WYDEN, the added as cosponsors of amendment No. MCCAIN) was added as a cosponsor of name of the Senator from Maryland 4402 intended to be proposed to H. R. amendment No. 4522 proposed to S. (Mr. CARDIN) was added as a cosponsor 3221, a bill to provide needed housing 2739, a bill to authorize certain pro- of S. 2822, a bill to amend the Energy reform and for other purposes. Policy Act of 2005 to repeal a section of grams and activities in the Department AMENDMENT NO. 4419 of the Interior, the Forest Service, and that Act relating to exportation or im- At the request of Mr. ENSIGN, the portation of natural gas. the Department of Energy, to imple- name of the Senator from Iowa (Mr. ment further the Act approving the S.J. RES. 28 GRASSLEY) was added as a cosponsor of Covenant to Establish a Common- At the request of Mr. DORGAN, the amendment No. 4419 proposed to H.R. wealth of the Northern Mariana Islands names of the Senator from Oregon (Mr. 3221, a bill to provide needed housing in Political Union with the United WYDEN) and the Senator from Rhode Is- reform and for other purposes. States of America, to amend the Com- land (Mr. WHITEHOUSE) were added as At the request of Mr. SPECTER, his pact of Free Association Amendments cosponsors of S.J. Res. 28, a joint reso- name was added as a cosponsor of Act of 2003, and for other purposes. lution disapproving the rule submitted amendment No. 4419 proposed to H.R. f by the Federal Communications Com- 3221, supra. STATEMENTS ON INTRODUCED mission with respect to broadcast AMENDMENT NO. 4446 media ownership. BILLS AND JOINT RESOLUTIONS At the request of Mr. LEAHY, the S. RES. 470 names of the Senator from Montana By Mrs. FEINSTEIN: At the request of Mr. LUGAR, the (Mr. BAUCUS), the Senator from Maine S. 2841. A bill to amend the Oil Pollu- name of the Senator from Florida (Mr. (Ms. SNOWE), the Senator from South tion Act of 1990 and title 46, United MARTINEZ) was added as a cosponsor of Dakota (Mr. THUNE) and the Senator States Code, to establish a marine S. Res. 470, a resolution calling on the from Rhode Island (Mr. WHITEHOUSE) emergency protocol and requirements relevant governments, multilateral were added as cosponsors of amend- for double-hulling of vessel fuel tanks; bodies, and non-state actors in Chad, ment No. 4446 proposed to H.R. 3221, a to the Committee on Commerce, the , and bill to provide needed housing reform Science, and Transportation. to devote ample political com- and for other purposes. Mrs. FEINSTEIN. Mr. President, I rise today to introduce an important mitment and material resources to- AMENDMENT NO. 4519 wards the achievement and implemen- piece of legislation. The Marine Emer- At the request of Mr. COBURN, the gency Protocol and Hull Requirement tation of a negotiated resolution to the name of the Senator from Arizona (Mr. national and regional conflicts in Chad, Act will take two major steps in pre- MCCAIN) was added as a cosponsor of the Central African Republic, and venting oilspills. amendment No. 4519 proposed to S. First, the bill directs the United Darfur, Sudan. 2739, a bill to authorize certain pro- S. RES. 497 States Coast Guard to control and grams and activities in the Department oversee a vessel’s route and speed dur- At the request of Mr. AKAKA, the of the Interior, the Forest Service, and name of the Senator from Minnesota ing dangerous conditions. This over- the Department of Energy, to imple- sight is critical to protect our ships (Mr. COLEMAN) was added as a cospon- ment further the Act approving the sor of S. Res. 497, a resolution express- during an attack or in conditions of Covenant to Establish a Common- low visibility. ing the sense of the Senate that public wealth of the Northern Mariana Islands servants should be commended for Second, the bill will keep dangerous in Political Union with the United oil and fuel out of our waterways by their dedication and continued service States of America, to amend the Com- to the Nation during Public Service mandating that all large cargo ships pact of Free Association Amendments reinforce their fuel tanks with double Recognition Week, May 5 through 11, Act of 2003, and for other purposes. 2008. hulls. By doing so, many of the small AMENDMENT NO. 4520 mishaps that occur will not lead to S. RES. 504 At the request of Mr. COBURN, the major oilspills. At the request of Mrs. FEINSTEIN, the name of the Senator from Arizona (Mr. San Franciscans learned the hard name of the Senator from New Jersey MCCAIN) was added as a cosponsor of way that further precautions and regu- (Mr. LAUTENBERG) was added as a co- amendment No. 4520 proposed to S. lations are needed. sponsor of S. Res. 504, a resolution con- 2739, a bill to authorize certain pro- Last November, in my hometown, a demning the violence in Tibet and call- grams and activities in the Department large cargo ship carrying over 100,000 ing for restraint by the Government of of the Interior, the Forest Service, and gallons of fuel, ran into the San Fran- the People’s Republic of China and the the Department of Energy, to imple- cisco Bay Bridge. The damaged ship people of Tibet. ment further the Act approving the poured 53,000 gallons of oil into the S. RES. 506 Covenant to Establish a Common- bay. At the request of Mr. NELSON of Ne- wealth of the Northern Mariana Islands In the following hours and days there braska, the name of the Senator from in Political Union with the United was confusion, it was difficult to ob- Indiana (Mr. BAYH) was added as a co- States of America, to amend the Com- tain accurate information, and there sponsor of S. Res. 506, a resolution ex- pact of Free Association Amendments was a general sense of frustration felt pressing the sense of the Senate that Act of 2003, and for other purposes. by Bay Area residents.

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2948 CONGRESSIONAL RECORD — SENATE April 10, 2008 Here is what we knew: haps and collisions from turning into reasonable steps to prevent that oil On the foggy November morning, vis- major oilspills. from spilling. ibility was very low—less than a quar- The extra layer of protection was re- In the event of even a minor acci- ter of a mile—in the San Francisco quired for oil tankers under the Oil dent, a single hull breach is a very real Bay. Pollution Act of 1990, OPA 90. possibility. This is why we mandated Under these low visibility conditions Following the 11-million gallon that oil tankers implement a double the Cosco , a large 900-foot-long Exxon Valdez tragedy in 1989, new re- containment system in 1990. cargo ship, decided to leave for its des- strictions on oil tankers were at the It has come time to close this loop- tination despite the poor conditions. center of the debate on how to prevent hole and call all oil, oil. Fuel oil is just As the ship proceeded towards the another catastrophic oilspill. The re- as detrimental and just as deadly as oil Bay Bridge, the captain was advised by sult of the OPA 90 legislation has been that is carried in the cargo hold of a the Coast Guard that his vessel may be remarkable. ship. Therefore it should have to be off course. However the Coast Guard Compared to the 15 years before the contained with an equal level of pro- did nothing to stop the ship, which enactment of the Oil Pollution Act, the tection. they knew was heading directly to- following 15 years have seen a 90-per- I look forward to working with my wards a pillar of the bridge. cent drop in oilspills over 100,000 gal- colleagues on this very important mat- Despite the warnings and the poor lons. ter, passing this important piece of visibility, the ship continued to speed In the same time period, there has commonsense legislation. toward the bridge until it collided. been a 79-percent drop in spills less The fact is this: The Coast Guard’s than 100,000 gallons. By Mr. REID (for himself, Mr. actions did not stop the ship from run- By 2015 there will be no single-hull BINGAMAN, Mr. SALAZAR, and ning into the pier. tank vessels operating in U.S. waters. Mr. TESTER): It is the responsibility of the Coast As of 2010, only 5 percent of domestic S. 2842. A bill to require the Sec- Guard to make sure that preventable and only 4 percent of foreign tank ves- retary of the Interior to carry out an- oilspills are prevented. Sector Com- sels will still have a single hull. Nearly nual inspections of canals, levees, tun- manders and Vessel Traffic Service of- 90 percent had single hulls in 1990. nels, dikes, pumping plants, dams, and ficers track ships as they traverse har- These are incredible successes. Unfor- reservoirs under the jurisdiction of the bors across the country. In this case tunately one other statistic sticks out. Secretary, and for other purposes; to they could see that the ship was off Since 1990, 90 percent of all oilspills the Committee on Energy and Natural course, yet they did nothing. This is have been from non-tank vessels. Resources. unacceptable. Clearly, this illustrates the need for Mr. REID. Mr. President, I ask unan- The Marine Emergency Protocol and cargo ships, the main culprit of oil- imous consent that the text of the bill Hull Requirement Act will mandate spills in recent years, to be subject to be printed in the RECORD. that the Coast Guard act to stop a the Oil Pollution Act standards. There being no objection, the text of ship—such as the Cosco Busan—that is In 1990, cargo ships were left out be- the bill was ordered to be printed in dangerously off course. cause relatively, they carried much the RECORD, as follows: Yes, there was substantial human less oil. However, newer, larger cargo S. 2842 error that led to this oilspill. That is ships carry hundreds of thousands of Be it enacted by the Senate and House of Rep- unquestionable. But the fact remains gallons of oil as fuel, and this oil still resentatives of the United States of America in that the Coast Guard had an oppor- poses a grave environmental threat. Congress assembled, tunity to stop this ship, and it did not. In the Cosco Busan incident, and doz- SECTION 1. SHORT TITLE. The bill directs the Sector Com- ens of other catastrophic oilspills This Act may be cited as the ‘‘Aging Water mander of the Coast Guard, that is the around the world, it was fuel oil that Infrastructure and Maintenance Act’’. top official within each of the Coast ended up in the water, not cargo oil. Of SEC. 2. DEFINITIONS. Guard’s 35 regions, to assume direct course this oil is just as deadly, yet In this Act: authority of all vessels during condi- under current law it is treated dif- (1) INSPECTION.—The term ‘‘inspection’’ tions of enhanced danger, such as low ferently. means an inspection of a project facility car- ried out by the Secretary— visibility or an attack. It is time to close this loophole. (A) to assess and determine the general By doing this, we will create a cen- The Marine Emergency Protocol and condition of the project facility; and tral system where all decisions are Hull Requirement Act also provides a (B) to estimate the value of property, and made. There will not be any confusion reasonable timeframe for imple- the size of the population, that would be at about who should do what, or when, or menting these standards. risk if the project facility fails, is breached, how. This way, during emergency con- In the 1990 bill, Congress adopted a or otherwise allows flooding to occur. ditions when confusion abounds, all or- sliding scale for when vessels needed to (2) PROJECT FACILITY.—The term ‘‘project ders are coming from one central have applied the appropriate double facility’’ means any part or incidental fea- ture of a reclamation or irrigation project source. hull protections. The timetable was de- (including any canal, levee, tunnel, dike, The Sector Commander will have the veloped to allow shipping companies pumping plant, dam, or reservoir) that is— authority to stop ships, change their and ship owners to plan for the addi- (A) under the jurisdiction of the Secretary course, or return them to a safe harbor. tional costs—and up to 15 years to im- (including any facility owned by the Depart- They will have the authority to alter plement them. Under this bill, we will ment of the Interior); and the course of one ship, or of all ships. adopt the same time-tested schedule (B) not covered by the Reclamation Safety This authority is necessary to ensure and apply it to the conversion of cargo of Dams Act of 1978 (43 U.S.C. 506 et seq.). safe navigation of dangerous water- vessels. (3) RESERVED PROJECT FACILITY.—The term The Marine Emergency Protocol and ‘‘reserved project facility’’ means any ways. project facility at which the Secretary car- Yet even in a perfect world, the Coast Hull Requirement Act is a common- ries out the operation and maintenance of Guard cannot stop all oilspills. Some- sense bill that will unquestionably the project facility. times the circumstances are out of make our waters safer. (4) SECRETARY.—The term ‘‘Secretary’’ their control. In an emergency situation, be it an means the Secretary of the Interior, acting That is why we need to make sure attack or a condition of low visibility, through the Commissioner of Reclamation. that the ships in our waterways take the Coast Guard must assume author- (5) TRANSFERRED PROJECT FACILITY.—The all reasonable precautions to protect ity over a ship in danger. It is their re- term ‘‘transferred project facility’’ means a against spilling oil. sponsibility to guide the vessel to safe- project facility the operation and mainte- nance of which is carried out by a non-Fed- The Marine Emergency Protocol and ty. This bill clarifies that they have eral entity. Hull Requirement Act also mandates the authority to do so, and it mandates SEC. 3. INSPECTION OF PROJECT FACILITIES. that all cargo vessels are built with, or that they follow through. (a) INSPECTIONS.— install, double hull containment struc- Similarly, vessels carrying a large (1) INITIAL INSPECTION PERIOD.— tures around their petroleum based volume of oil—be it as cargo or as (A) IN GENERAL.—In accordance with sub- fuel tanks. Doing so keeps small mis- fuel—have the responsibility to take paragraph (B), not later than 1 year after the

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date of enactment of this Act, the Secretary (2) CONTENTS.—The regulations promul- (B) REIMBURSEMENT.—In accordance with shall conduct an inspection of not less than gated by the Secretary under paragraph (1) any applicable law (including regulations) or 75 percent of all project facilities. shall contain a detailed description of each agreement, the Secretary may seek reim- (B) SELECTION OF PROJECT FACILITIES.—In condition with which a project facility shall bursement from the non-Federal entity that selecting project facilities to inspect during comply to be eligible to be considered by the carries out the operation and maintenance of the initial inspection period under subpara- Secretary— the transferred project facility described in graph (A), the Secretary shall take into ac- (A) to function properly and in accordance subparagraph (A) for costs arising from each count the risk posed by each project facility with the objectives of the project facility; repair activity carried out by the Secretary to public health or safety, or property. and under that subparagraph. (2) FINAL INSPECTION PERIOD.—Not later (B) to operate in a manner to ensure, to SEC. 6. AUTHORIZATION OF APPROPRIATIONS. than 2 years after the date of enactment of the maximum extent practicable— (a) INSPECTION OF PROJECT FACILITIES.— this Act, the Secretary shall conduct an in- (i) the safety of populations located in There are authorized to be appropriated to spection of each project facility not in- close proximity to the project facility; and the Secretary to carry out section 3— spected by the Secretary during the initial (ii) the preservation of property located in (1) $5,000,000 for fiscal year 2009; and inspection period under paragraph (1)(A). close proximity to the project facility. (2) $1,500,000 for each of fiscal years 2010 (3) REIMBURSEMENT RELATING TO INSPEC- (b) PROMULGATION OF GUIDELINES.— through 2013. TIONS OF TRANSFERRED PROJECT FACILITIES.— (1) IN GENERAL.—Not later than 1 year after (b) MODIFICATION OF PROJECT FACILITIES.— Notwithstanding any applicable law (includ- the date of enactment of this Act, in accord- There are authorized to be appropriated such ing regulations), with respect to an inspec- ance with paragraph (2), the Secretary shall sums as are necessary to carry out section 5. tion of a transferred project facility carried promulgate final regulations to establish out under this subsection, the Secretary may guidelines— By Mr. KERRY: not request from the non-Federal entity that (A) to implement this Act; and S. 2847. A bill to amend the Federal carries out the operation and maintenance of (B) to ensure compliance with the regula- Home Loan Bank Act to allow Federal the transferred project facility reimburse- tions promulgated by the Secretary under home loan banks to invest surplus ment for costs arising from the inspection. subsection (a). funds in student loan securities and (4) PERIODIC REVIEW OF INSPECTIONS.—Not (2) CONTENTS.—The regulations promul- later than 3 years after the date described in make advances for student loan financ- gated by the Secretary under paragraph (1) ing, and for other purposes; to the paragraph (2) and every 3 years thereafter, shall reflect an agency-wide policy with re- the Secretary shall carry out a review of spect to the type, and proportion of, activi- Committee on Banking, Housing, and each inspection carried out under paragraphs ties relating to the operation and mainte- Urban Affairs. (1) and (2). nance of a project facility that may be ap- Mr. KERRY. Mr. President, to many (b) USE OF INSPECTION DATA.—The Sec- propriately carried out by a non-Federal en- young people, from all walks of life, retary shall use the data collected by the tity, taking into account— are either struggling to pay for college Secretary through the conduct of the inspec- (A) any economic benefit that may result or flat out can’t afford it. Those who tions under paragraphs (1) and (2) of sub- from the carrying out of the activities by a aren’t able to incur the steep costs of a section (a)— non-Federal entity; and (1) to develop for each reserved project fa- college education are not only losing (B) the capabilities of the non-Federal en- out on a degree, but setting themselves cility a detailed schedule for the conduct of tity to carry out the activities. regular maintenance; up to face a lifetime of lost opportuni- (2) to develop for, and provide to, each non- SEC. 5. MODIFICATION OF PROJECT FACILITIES. ties, as study after study shows college Federal entity that carries out the operation (a) IN GENERAL.—The Secretary shall carry graduates are the most attractive can- out or, in accordance with subsection (b), and maintenance of a transferred project fa- didates for the fastest-growing and cility— provide to a non-Federal entity financial support to carry out, any modification to a best-paying jobs of tomorrow. Greater (A) a detailed schedule for the conduct of college access, gained through finan- regular maintenance; and project facility that the Secretary deter- (B) a document that contains guidance de- mines to be reasonably required to preserve cial assistance, is critical to making scribing the manner by which to comply the structural safety of the project facility. the American dream a reality for all. with the schedule described in subparagraph (b) REIMBURSEMENT OF COSTS ARISING FROM Yet prospective student borrowers (A); and THE REPAIR OF STRUCTURALLY DEFICIENT are about to encounter massive impedi- (3) to create a national priorities list that TRANSFERRED PROJECT FACILITIES.— ments to acquiring quality, affordable contains a description of each project facil- (1) COMPLIANT TRANSFERRED PROJECT FA- private loans. The credit crunch cur- ity that requires the most urgent mainte- CILITIES.— rently impacting the home mortgage nance with respect to the infrastructure of (A) IN GENERAL.—Subject to subparagraph (B), to reimburse a non-Federal entity for sector is set to extend to the student the project facility. loan marketplace. Without sufficient (c) NATIONAL PRIORITIES LIST.— costs arising from the carrying out of repair liquidity in the market, student bor- (1) ANNUAL REVIEW.—Not later than 1 year activities to improve the safety of a trans- after the date on which the Secretary devel- ferred project facility, the Secretary may rowers will find it harder and harder to ops the national priorities list under sub- provide to the non-Federal entity an amount find loans for their costs of college section (b)(3) and annually thereafter, the equal to 65 percent of the costs incurred by next year. According to FinAid.org, Secretary shall carry out a review of each the non-Federal entity to carry out the re- student loan originators are increas- project facility to update the list for the pair activities. ingly choosing to exit or suspend their year covered by the review. (B) DETERMINATION OF SECRETARY.—The participation in all or part of the Fed- Secretary shall reimburse the non-Federal (2) PUBLICATION.—The national priorities eral Family Education Loan Program, list shall be published by the Secretary in entity described in subparagraph (A) if the Secretary determines that— FFELP—45 since last August alone. the budget justification of the Department of Unfortunately, however, Federal Re- the Interior for the year covered by the na- (i) the transferred project facility of the tional priorities list. non-Federal entity is structurally deficient; serve Chairman Ben S. Bemanke has (d) STATE PARTICIPATION.—In conducting and indicated that the Federal Reserve is an inspection of a project facility under sub- (ii) the structural deficiency is not a result unlikely to take aggressive action at section (a), the Secretary shall— of noncompliance with any regulation pro- this time to help the student loan mar- (1) notify the appropriate State agency of mulgated by the Secretary under section 4. ketplace. Therefore, I am seeking to the State in which the project facility is lo- (2) NONCOMPLIANT TRANSFERRED PROJECT address this significant issue by intro- cated of the inspection; FACILITIES.— ducing the Emergency Student Loan (2) allow the State agency described in (A) IN GENERAL.—The Secretary may carry paragraph (1) to participate in the inspection out any repair activity that the Secretary Market Liquidity Act. of the project facility; and determines to be necessary to minimize the This legislation will temporarily (3) provide to the State agency described in risk of imminent harm to public health or amend the Federal Home Loan Bank paragraph (1) a report that describes the re- safety, or property— Act to allow the Federal Home Loan sults of the inspection of the project facility. (i) if the Secretary determines that— Banks to invest surplus funds not need- SEC. 4. FEDERAL STANDARDS AND GUIDELINES (I) the transferred project facility is struc- ed for advances to its member banks FOR PROJECT FACILITIES. turally deficient; and for student loan-related securities. It (a) PROMULGATION OF STANDARDS.— (II) the structural deficiency is a result of would also allow the Federal Home (1) IN GENERAL.—Not later than 180 days noncompliance with any regulation promul- Loan Banks to accept student loans after the date of enactment of this Act, in gated by the Secretary under section 4; and accordance with paragraph (2), the Secretary (ii) after the date on which the Secretary and student loan-related securities as shall promulgate final regulations to estab- consults with the non-Federal entity that collateral. Finally, the bill authorizes lish standards for the condition and mainte- carries out the operation and maintenance of each Federal Home loan Bank to pro- nance of project facilities. the transferred project facility. vide secured advances to its members

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2950 CONGRESSIONAL RECORD — SENATE April 10, 2008 to originate student loans or finance Whereas innovative research is progressing Mr. LEAHY. Mr. President, today I student loan-related activities. This faster and is being conducted more aggres- join Senator CLAIRE MCCASKILL in in- will provide funds for banks to help sively than ever before, due, in part, to the troducing a resolution to express the provide critically-needed student loans Cystic Fibrosis Foundation’s establishment common sense of everyone here that of a model clinical trials network; during these difficult economic times. Whereas, although the Cystic Fibrosis Senator MCCAIN is a ‘‘natural born Cit- The Federal Home Loan Banks are Foundation continues to fund a research izen,’’ as the term is used in the Con- today an essential source of stable, pipeline for more than 30 potential therapies stitution of the United States. Our low-cost funds to financial institutions and funds a nationwide network of care cen- Constitution contains three require- for home mortgage, small business, and ters that extend the length and quality of ments for a person to be eligible to be rural and agricultural loans. With their life for people with cystic fibrosis, lives con- President—the person must have members, the Federal Home Loan tinue to be lost to this disease every day; reached the age of 35; must have re- Banks represent one of the largest Whereas education of the public about cys- sided in America for 14 years; and must tic fibrosis, including the symptoms of the be a ‘‘natural born Citizen’’ of the sources of home mortgage and commu- disease, increases knowledge and under- nity credit. There are twelve Federal standing of cystic fibrosis and promotes United States. Certainly there is no Home Loan Banks, including one in early diagnosis; and doubt that Senator MCCAIN is of suffi- Boston, each located in different re- Whereas the Cystic Fibrosis Foundation cient years on this earth and in this gions of the country. Their cooperative will conduct activities to honor National country given that he has been serving structure is ideal for serving the sys- Cystic Fibrosis Awareness Month in May in Washington for over 25 years. How- tem’s 8,100 member lenders. 2008: Now, therefore, be it ever, some pundits have raised the Today, the Federal Home Loan Resolved, That the Senate— question of whether he is a ‘‘natural (1) honors the goals and ideals of National Banks provide billions of dollars of pri- born Citizen’’ because he was born out- Cystic Fibrosis Awareness Month; side of the official borders of the mary liquidity to approximately 80 per- (2) supports the promotion of further pub- cent of the Nation’s financial institu- lic awareness and understanding of cystic fi- United States. tions. By providing this additional stu- brosis; JOHN SIDNEY MCCAIN, III, was born to dent loan authorization to its mem- (3) encourages early diagnosis and access American citizens on an American bers, member institutions will be able to quality care for people with cystic fibrosis Naval base in the Canal Zone to remain active in the student loan to improve the quality of their lives; and in 1936. Numerous legal scholars have marketplace and help students pay for (4) supports research to find a cure for cys- looked into the purpose and intent of tic fibrosis by fostering an enhanced re- the ‘‘natural born Citizen’’ require- their education. search program through a strong Federal This legislation is absolutely vital to ment. As far as I am aware, no one has commitment and expanded public-private unearthed any reason to think that the securing the opportunity of higher edu- partnerships. cation for all who choose to pursue it. Framers would have wanted to limit f the rights of children born to military f SENATE RESOLUTION 511—RECOG- families stationed abroad or that such a limited view would serve any noble SUBMITTED RESOLUTIONS NIZING THAT JOHN SIDNEY purpose enshrined in our founding doc- MCCAIN III, IS A NATURAL BORN ument. Based on the understanding of CITIZEN SENATE RESOLUTION 510—SUP- the pertinent sources of constitutional PORTING THE GOALS AND Mrs. MCCASKILL (for herself, Mr. meaning, it is widely believed that if IDEALS OF NATIONAL CYSTIC FI- LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. someone is born to American citizens BROSIS AWARENESS MONTH CLINTON, and Mr. WEBB) submitted the anywhere in the world they are natural following resolution; which was re- born citizens. Mrs. MURRAY (for herself and Mr. ferred to the Committee on the Judici- It is interesting to note that another INHOFE) submitted the following reso- ary: previous presidential candidate, George lution; which was referred to the Com- S. RES. 511 Romney, was also born outside of the mittee on Health, Education, Labor, United States. He was widely under- and Pensions: Whereas the Constitution of the United States requires that, to be eligible for the Of- stood to be eligible to be President. S. RES. 510 fice of the President, a person must be a Senator Barry Goldwater was born in a Whereas cystic fibrosis is one of the most ‘‘natural born Citizen’’ of the United States; U.S. territory that later became the common life-threatening genetic diseases in Whereas the term ‘‘natural born Citizen’’, State of Arizona so some even ques- the United States and one for which there is as that term appears in Article II, Section 1, tioned his eligibility. Certainly the no known cure; is not defined in the Constitution of the millions of Americans who voted for Whereas the average life expectancy of an United States; individual with cystic fibrosis is 37 years, an Whereas there is no evidence of the inten- these two Republican candidates be- improvement from a life expectancy in the tion of the Framers or any Congress to limit lieved that they were eligible to as- 1960s where children did not live long enough the constitutional rights of children born to sume the office of the President. The to attend elementary school, but still unac- Americans serving in the military nor to same is true today. ceptably short; prevent those children from serving as their Because he was born to American Whereas approximately 30,000 people in the country’s President; citizens, there is no doubt in my mind United States have cystic fibrosis, more than Whereas such limitations would be incon- that Senator MCCAIN is a natural born half of them children; sistent with the purpose and intent of the citizen. I recently asked Secretary of Whereas 1 of every 3,500 babies born in the ‘‘natural born Citizen’’ clause of the Con- Homeland Security Michael Chertoff, a United States is born with cystic fibrosis; stitution of the United States, as evidenced Whereas more than 10,000,000 Americans by the First Congress’s own statute defining former Federal judge, if he had any are unknowing, symptom-free carriers of the the term ‘‘natural born Citizen’’; doubts in his mind. He did not. cystic fibrosis gene; Whereas the well-being of all citizens of I expect that this will be a unani- Whereas the Centers for Disease Control the United States is preserved and enhanced mous resolution of the Senate and I and Prevention recommend that all States by the men and women who are assigned to thank the Senator from Missouri for consider newborn screening for cystic fibro- serve our country outside of our national working with me on this. sis; borders; I ask unanimous consent that the Whereas the Cystic Fibrosis Foundation Whereas previous presidential candidates, relevant excerpt from the Judiciary urges all States to implement newborn were born outside of the United States of Committee hearing where Secretary screening for cystic fibrosis to facilitate America and were understood to be eligible early diagnosis and treatment which im- to be President; and Chertoff testified be made a part of the proves health and life expectancy; Whereas John Sidney McCain, III, was born RECORD. Whereas prompt, aggressive treatment of to American citizens on an American mili- EXCERPT OF SECRETARY CHERTOFF TESTIMONY the symptoms of cystic fibrosis can extend tary base in the Panama Canal Zone in 1936: FROM APRIL 2, 2008 the lives of people who have the disease; Now, therefore, be it Chairman LEAHY. We will come back to Whereas recent advances in cystic fibrosis Resolved, That John Sidney McCain, III, is that. I would mention one other thing, if I research have produced promising leads in a ‘‘natural born Citizen’’ under Article II, might, Senator Specter. Let me just ask gene, protein, and drug therapies beneficial Section 1, of the Constitution of the United this: I believe—and we have had some ques- to people who have the disease; States. tion in this Committee to have a special law

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 10, 2008 CONGRESSIONAL RECORD — SENATE S2951 passed declaring that Senator McCain, who to his family and his Nation will not be for- Internal Revenue Code of 1986 to provide tax was born in the Panama Canal, that he gotten: Now, therefore, be it incentives for the production of renewable meets the constitutional requirement to be Resolved, That the Senate— energy and energy conservation. President. I fully believe he does. I have (1) honors the life, achievements, and con- SA 4524. Mr. NELSON of Nebraska sub- never had any question in my mind that he tributions of Charlton Heston; and mitted an amendment intended to be pro- meets our constitutional requirement. You (2) extends its deepest sympathies to the posed by him to the bill S. 2739, to authorize are a former Federal judge. You are the head family of Charlton Heston for the loss of certain programs and activities in the De- of the agency that executes Federal immi- such a great and generous man, husband, and partment of the Interior, the Forest Service, gration law. Do you have any doubt in your father. and the Department of Energy, to implement mind—I mean, I have none in mine. Do you further the Act approving the Covenant to f have any doubt in your mind that he is con- Establish a Commonwealth of the Northern stitutionally eligible to become President? SENATE CONCURRENT RESOLU- Mariana Islands in Political Union with the Secretary CHERTOFF. My assumption and TION 75—EXPRESSING THE United States of America, to amend the my understanding is that if you are born of Compact of Free Association Amendments SENSE OF CONGRESS THAT THE Act of 2003, and for other purposes; which American parents, you are naturally a nat- SECRETARY OF DEFENSE ural-born American citizen. was ordered to lie on the table. Chairman LEAHY. That is mine, too. SHOULD TAKE IMMEDIATE f Thank you. STEPS TO APPOINT DOCTORS OF CHIROPRACTIC AS COMMIS- TEXT OF AMENDMENTS f SIONED OFFICERS IN THE SA 4523. Mr. DODD (for himself and SENATE RESOLUTION 512—HON- ARMED FORCES Mr. SHELBY) proposed an amendment ORING THE LIFE OF CHARLTON Mr. COLEMAN (for himself and Mr. to the bill H.R. 3221, moving the United States toward greater energy independ- HESTON HARKIN) submitted the following con- ence and security, developing innova- Mr. DEMINT (for himself, Mr. BAU- current resolution; which was referred tive new technologies, reducing carbon CUS, Mr. MCCONNELL, Mr. ALLARD, Mr. to the Committee on Armed Services: emissions, creating green jobs, protec- CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. S. CON. RES. 75 tion consumers, increasing clean re- ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NEL- Whereas the Secretary of Defense has stat- newable energy production, and mod- SON of Nebraska, and Mr. WEBB) sub- utory authority under section 3070 of title 10, ernizing our energy infrastructure, and mitted the following resolution; which United States Code, to appoint doctors of to amend the Internal Revenue Code of was referred to the Committee on the chiropractic as commissioned officers in the 1986 to provide tax incentives for the Judiciary: Armed Forces, but has not yet made such ap- pointments; production of renewable energy and en- S. RES. 512 Whereas the urgent needs of military per- ergy conservation; as follows: Whereas the United States has lost a great sonnel in the field of operations include ac- Amend the title so as to read: patriot with the passing of Charlton Heston; cess to the widest possible range of health To provide needed housing reform and for Whereas Charlton Heston first became be- care options, especially in the area of care of other purposes. loved by the Nation as a great actor and por- the spine and related structures of the body; trayed many heroic figures, including Moses, Whereas providing military personnel in SA 4524. Mr. NELSON of Nebraska Michelangelo, Andrew Jackson, John the the field of operations with access to chiro- submitted an amendment intended to Baptist, Mark Antony, and El Cid in epic practic care will increase the cost effective- be proposed by him to the bill S. 2739, movies of the 1950s and 1960s, and won the ness of military health care expenditures by to authorize certain programs and ac- 1959 Best Actor Academy Award (Oscar) for taking advantage of the conservative, playing the title character in ‘‘Ben-Hur’’; tivities in the Department of the Inte- drugless, and non-surgical care option of- rior, the Forest Service, and the De- Whereas Charlton Heston was a leader in fered by chiropractic care; many areas of life outside of acting, includ- Whereas back injuries are the leading partment of Energy, to implement fur- ing serving as president of the Screen Actors cause of lost service time and disability in ther the Act approving the Covenant to Guild, which he helped to integrate with the Armed Forces; Establish a Commonwealth of the Ronald Reagan, and as chairman of the Whereas military personnel in the field of Northern Mariana Islands in Political American Film Institute; operations or on shipboard can access chiro- Union with the United States of Amer- Whereas Charlton Heston was an active practic care only through commissioned ica, to amend the Compact of Free As- supporter of the civil rights movement, in- chiropractic officers; cluding protesting the showing of his film at sociation Amendments Act of 2003, and Whereas access to chiropractic care for other purposes.; which was ordered a segregated movie theater in Oklahoma through commissioned chiropractic officers City and participating in and leading the will enhance the combat readiness of mili- to lie on the table; as follows: Arts Group in the 1963 civil rights march on tary personnel by offering a non-pharma- Strike section 335. Washington; ceutical option for the health care needs of f Whereas, in the last major public role of such personnel; and his life, Charlton Heston was president of the Whereas the appointment of doctors of NOTICE OF HEARING National Rifle Association from June 1998 chiropractic as commissioned offices will COMMITTEE ON ENERGY AND NATURAL until April 2003; make use of a highly skilled and trained pool RESOURCES Whereas, as president of the National Rifle of health care professionals and help to meet Mr. BINGAMAN. Mr. President, I Association, Charlton Heston was a stalwart the growing demand for chiropractic care in defender of the 2nd Amendment right of citi- would like to announce for the infor- the Armed Forces: Now, therefore, be it mation of the Senate and the public zens to keep and bear arms and was an active Resolved by the Senate (the House of Rep- and effective promoter of wildlife manage- resentatives concurring), That it is the sense that a hearing has been scheduled be- ment through hunting; of Congress that the Secretary of Defense fore the Senate Committee on Energy Whereas in 2003 Charlton Heston was should take immediate steps to establish a and Natural Resources. The hearing awarded the Presidential Medal of Freedom, career path for doctors of chiropractic to be will be held on Thursday, May 1, 2008, the Nation’s highest civilian honor; appointed as commissioned officers in all at 9:30 a.m., in room SD–366 of the Whereas Charlton Heston was born in branches of the Armed Forces for purposes of Dirksen Senate Office Building. Evanston, Illinois, on October 4, 1923, and his providing chiropractic services to members The purpose of the hearing is to re- parents moved to St. Helen, Michigan, where of the Armed Forces. he grew up; ceive testimony on the military build- Whereas in 1943 Charlton Heston enlisted f up on Guam: impact on the civilian in the Army Air Forces and served as a community, planning, and response. AMENDMENTS SUBMITTED AND Because of the limited time available radio-gunner in the Aleutian Islands of Alas- PROPOSED ka, and in 1947 he was discharged from the for the hearing, witnesses may testify Army; SA 4523. Mr. DODD (for himself and Mr. by invitation only. However, those Whereas in 1944 Charlton Heston married SHELBY) proposed an amendment to the bill wishing to submit written testimony the love of his life, Lydia Clarke, to whom he H.R. 3221, moving the United States toward for the hearing record may do so by had been married 64 years at his death; greater energy independence and security, sending it to the Committee on Energy Whereas Charlton and Lydia Heston are developing innovative new technologies, re- the parents of 2 children, Fraser Heston and ducing carbon emissions, creating green jobs, and Natural Resources, United States Holly Heston Rochell; protecting consumers, increasing clean re- Senate, Washington, D.C. 20510–6150, or Whereas Charlton Heston passed away on newable energy production, and modernizing by e-mail to Rosemarie April 5, 2008, and the contributions he made our energy infrastructure, and to amend the [email protected].

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2952 CONGRESSIONAL RECORD — SENATE April 10, 2008 For further information, please con- Finance be authorized to meet during Mr. ALEXANDER. I ask unanimous tact Allen Stay man at (202) 224–7865 or the session of the Senate on Thursday, consent that a member of my staff, Rosemarie Calabro at (202) 224–5039. April 10, 2008, at 10 a.m., in room 215 of Jack Wells, be granted the privileges of f the Dirksen Senate Office Building, to the floor during this discussion. conduct a hearing entitled ‘‘Identity The ACTING PRESIDENT pro tem- AUTHORITY FOR COMMITTEES TO Theft: Who’s Got Your Number?’’. pore. Without objection, it is so or- MEET The PRESIDING OFFICER. Without dered. COMMITTEE ON ARMED SERVICES objection, it is so ordered. Mr. SPECTER. I ask unanimous con- Mr. DODD. Mr. President, I ask unan- COMMITTEE ON FOREIGN RELATIONS sent that two law clerks from Senator imous consent that the Committee on Mr. DODD. Mr. President, I ask unan- CORNYN’s staff, Alana Hake and Ashley Armed Services be authorized to meet imous consent that the Committee on Huff, be granted the privilege of the during the session of the Senate on Foreign Relations be authorized to floor for the remainder of this week— Thursday, April 10, 2008, at 2 p.m., in meet during the session of the Senate which may not be too long, hopefully. open session to receive testimony on on Thursday, April 10, 2008, at 9:30 a.m., The PRESIDING OFFICER. Without the situation in Iraq, progress made by to hold a hearing on Iraq. objection, it is so ordered. the Government of Iraq in meeting The PRESIDING OFFICER. Without f benchmarks and achieving reconcili- objection, it is so ordered. ation, the future U.S. military pres- COMMITTEE ON HEALTH, EDUCATION, LABOR, TRAUMATIC BRAIN INJURY ACT ence in Iraq, and the situation in Af- AND PENSIONS OF 2008 ghanistan. Mr. DODD. Mr. President, I ask unan- Mr. SALAZAR. Mr. President, I ask The PRESIDING OFFICER. Without imous consent that the Committee on that the Chair lay before the Senate a objection, it is so ordered. Health, Education, Labor, and Pen- message from the House with respect COMMITTEE ON BANKING, HOUSING, AND URBAN sions be authorized to meet, during the to S. 793. AFFAIRS session of the Senate, to conduct a The PRESIDING OFFICER laid be- Mr. DODD. Mr. President, I ask unan- hearing entitled ‘‘Climate Change: A fore the Senate the following message imous consent that the Committee on Challenge for Public Health’’ on Thurs- from the House of Representatives: Banking, Housing, and Urban Affairs day, April 10, 2008. S. 793 The hearing will commence at 10 a.m. be authorized to meet during the ses- Resolved, That the bill from the Senate sion of the Senate on April 10, 2008, at in room 430 of the Dirksen Senate Of- (S. 793) entitled ‘‘An Act to provide for the 10 a.m. to conduct a hearing entitled fice Building. expansion and improvement of traumatic ‘‘Turmoil in U.S. Credit Markets: Ex- The PRESIDING OFFICER. Without brain injury programs’’, do pass with the fol- amining Proposals to Mitigate Fore- objection, it is so ordered. lowing amendment: closures and Restore Liquidity to the COMMITTEE ON HOMELAND SECURITY AND Strike out all after the enacting clause and Mortgage Markets.’’ GOVERNMENTAL AFFAIRS insert: The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I ask unan- SECTION 1. SHORT TITLE. objection, it is so ordered. imous consent that the Committee on This Act may be cited as the ‘‘Traumatic Brain Injury Act of 2008’’. COMMITTEE ON COMMERCE, SCIENCE, AND Homeland Security and Governmental SEC. 2. CONFORMING AMENDMENTS RELATING TRANSPORTATION Affairs be authorized to meet during the session of the Senate on Thursday, TO RESTRUCTURING. Mr. DODD. Mr. President, I ask unan- Part J of title III of the Public Health Service imous consent that the Committee on April 10, 2008, at 10 a.m. Act (42 U.S.C. 280b et seq.) is amended— Commerce, Science, and Transpor- The PRESIDING OFFICER. Without (1) by redesignating the section 393B (42 tation be authorized to meet during objection, it is so ordered. U.S.C. 280b–1c) relating to the use of allotments the session of the Senate on Thursday, COMMITTEE ON HOMELAND SECURITY AND for rape prevention education, as section 393A April 10, 2008, at 10 a.m., in room 253 of GOVERNMENTAL AFFAIRS and moving such section so that it follows sec- the Russell Senate Office Building. Mr. DODD. Mr. President, I ask unan- tion 393; imous consent that the Committee on (2) by redesignating existing section 393A (42 The PRESIDING OFFICER. Without U.S.C. 280b–1b) relating to prevention of trau- objection, it is so ordered. Homeland Security and Governmental Affairs be authorized to meet during matic brain injury, as section 393B; and COMMITTEE ON COMMERCE, SCIENCE, AND (3) by redesignating the section 393B (42 TRANSPORTATION the session of the Senate on Thursday, U.S.C. 280b–1d) relating to traumatic brain in- Mr. DODD. Mr. President, I ask unan- April 10, 2008, at 2 p.m., to consider the jury registries, as section 393C. imous consent that the Committee on nominations of the Honorable Andrew SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF Commerce, Science, and Transpor- M. Saul, the Honorable Alejandro M. THE CENTERS FOR DISEASE CON- TROL AND PREVENTION. tation be authorized to meet during Sanchez, the Honorable Gordon J. Whiting to be Members, Federal Re- (a) PREVENTION OF TRAUMATIC BRAIN IN- the session of the Senate on Thursday, JURY.—Clause (ii) of section 393B(b)(3)(A) of the April 10, 2008, at 2:30 p.m., in room 253 tirement Thrift Investment Board. The PRESIDING OFFICER. Without Public Health Service Act, as so redesignated, of the Russell Senate Office Building. (42 U.S.C. 280b–1b) is amended by striking ‘‘from objection, it is so ordered. The PRESIDING OFFICER. Without hospitals and trauma centers’’ and inserting objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE ‘‘from hospitals and emergency departments’’. Mr. DODD. Mr. President, I ask unan- (b) NATIONAL PROGRAM FOR TRAUMATIC COMMITTEE ON ENVIRONMENT AND PUBLIC imous consent that the Select Com- BRAIN INJURY SURVEILLANCE AND REGISTRIES.— WORKS mittee on Intelligence be authorized to Section 393C of the Public Health Service Act, as Mr. DODD. Mr. President, I ask unan- meet during the session of the Senate so redesignated, (42 U.S.C. 280b et seq.) is imous consent that the Committee on on April 10, 2008, at 2:30 p.m. to hold a amended— Environment and Public Works be au- (1) in the section heading, by inserting ‘‘SUR- closed hearing. thorized to meet during the session of VEILLANCE AND’’ after ‘‘NATIONAL PROGRAM FOR The PRESIDING OFFICER. Without the Senate on Thursday, April 10, 2008, TRAUMATIC BRAIN INJURY’’; and objection, it is so ordered. at 9 a.m., in room 406 of the Dirksen (2) in subsection (a), in the matter preceding Senate Office Building to hold a hear- f paragraph (1), by striking ‘‘may make grants’’ and all that follows through ‘‘to collect data ing entitled, ‘‘Hearing on the Nomina- PRIVILEGES OF THE FLOOR concerning—’’ and inserting ‘‘may make grants tion of David R. Hill to be Assistant Mr. BINGAMAN. Mr. President, I ask to States or their designees to develop or operate Administrator (General Counsel) for unanimous consent that Karl Cordova, the State’s traumatic brain injury surveillance the Environmental Protection Agen- who is a Bevinetto Fellow working system or registry to determine the incidence cy.’’ with our staff on the Energy and Nat- and prevalence of traumatic brain injury and related disability, to ensure the uniformity of re- The PRESIDING OFFICER. Without ural Resources Committee, be granted objection, it is so ordered. porting under such system or registry, to link the privilege of the floor for the re- individuals with traumatic brain injury to serv- COMMITTEE ON FINANCE mainder of the debate on S. 2739. ices and supports, and to link such individuals Mr. DODD. Mr. President, I ask unan- The PRESIDING OFFICER. Without with academic institutions to conduct applied imous consent that the Committee on objection, it is so ordered. research that will support the development of

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such surveillance systems and registries as may describing findings made as a result of carrying ‘‘(i) DEFINITIONS.—For purposes of this sec- be necessary. A surveillance system or registry out such subsection (a). tion: under this section shall provide for the collec- ‘‘(c) DEFINITION.—For purposes of this sec- ‘‘(1) The terms ‘American Indian consortium’ tion of data concerning—’’. tion, the term ‘traumatic brain injury’ means an and ‘State’ have the meanings given to those (c) REPORT.—Section 393C of the Public acquired injury to the brain. Such term does not terms in section 1253. Health Service Act (as so redesignated) is include brain dysfunction caused by congenital ‘‘(2) The term ‘traumatic brain injury’ means amended by adding at the end the following: or degenerative disorders, nor birth trauma, but an acquired injury to the brain. Such term does ‘‘(b) Not later than 18 months after the date of may include brain injuries caused by anoxia due not include brain dysfunction caused by con- enactment of the Traumatic Brain Injury Act of to trauma including near drowning. The Sec- genital or degenerative disorders, nor birth trau- 2008, the Secretary, acting through the Director retary may revise the definition of such term as ma, but may include brain injuries caused by of the Centers for Disease Control and Preven- the Secretary determines necessary.’’. anoxia due to trauma. The Secretary may revise tion and the Director of the National Institutes SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF the definition of such term as the Secretary de- of Health and in consultation with the Sec- THE NATIONAL INSTITUTES OF termines necessary, after consultation with retary of Defense and the Secretary of Veterans HEALTH. States and other appropriate public or nonprofit Affairs, shall submit to the relevant committees Section 1261 of the Public Health Service Act private entities.’’; and of Congress a report that contains the findings (42 U.S.C. 300d–61) is amended— (8) in subsection (j), by inserting ‘‘, and such derived from an evaluation concerning activities (1) in subsection (b)(2), by striking ‘‘Labor sums as may be necessary for each of the fiscal and procedures that can be implemented by the and Human Resources’’ and inserting ‘‘Health, years 2009 through 2012’’ before the period. Centers for Disease Control and Prevention to Education, Labor, and Pensions’’; (b) STATE GRANTS FOR PROTECTION AND ADVO- improve the collection and dissemination of com- (2) in subparagraph (D) of subsection (d)(4), CACY SERVICES.—Section 1253 of the Public patible epidemiological studies on the incidence by striking ‘‘head brain injury’’ and inserting Health Service Act (42 U.S.C. 300d–53) is amend- and prevalence of traumatic brain injury in in- ‘‘brain injury’’; and ed— dividuals who were formerly in the military. The (3) in subsection (i), by inserting ‘‘, and such (1) in subsections (d) and (e), by striking the report shall include recommendations on the sums as may be necessary for each of the fiscal term ‘‘subsection (i)’’ each place such term ap- manner in which such agencies can further col- years 2009 through 2012’’ before the period at pears and inserting ‘‘subsection (l)’’; laborate on the development and improvement of the end. (2) in subsection (g), by inserting ‘‘each fiscal traumatic brain injury diagnostic tools and SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF year not later than October 1,’’ before ‘‘the Ad- treatments.’’. THE HEALTH RESOURCES AND SERV- ministrator shall pay’’; ICES ADMINISTRATION. SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. (3) by redesignating subsections (i) and (j) as (a) STATE GRANTS FOR DEMONSTRATION subsections (l) and (m), respectively; Part J of title III of the Public Health Service PROJECTS REGARDING TRAUMATIC BRAIN IN- (4) by inserting after subsection (h) the fol- Act (42 U.S.C. 280b et seq.) is amended by insert- JURY.—Section 1252 of the Public Health Service lowing: ing after section 393C, as so redesignated, the Act (42 U.S.C. 300d–52) is amended— ‘‘(i) DATA COLLECTION.—The Administrator of following: (1) in subsection (a)— the Health Resources and Services Administra- ‘‘SEC. 393C–1. STUDY ON TRAUMATIC BRAIN IN- (A) by striking ‘‘may make grants to States’’ tion and the Commissioner of the Administra- JURY. and inserting ‘‘may make grants to States and tion on Developmental Disabilities shall enter ‘‘(a) STUDY.—The Secretary, acting through American Indian consortia’’; and into an agreement to coordinate the collection of (B) by striking ‘‘health and other services’’ the Director of the Centers for Disease Control data by the Administrator and the Commissioner and inserting ‘‘rehabilitation and other serv- and Prevention with respect to paragraph (1) regarding protection and advocacy services. ices’’; and in consultation with the Director of the Na- ‘‘(j) TRAINING AND TECHNICAL ASSISTANCE.— (2) in subsection (b)— tional Institutes of Health and other appro- ‘‘(1) GRANTS.—For any fiscal year for which (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), priate entities with respect to paragraphs (2), the amount appropriated to carry out this sec- and (3)(A)(iv), by striking the term ‘‘State’’ each (3), and (4), may conduct a study with respect tion is $6,000,000 or greater, the Administrator place such term appears and inserting the term to traumatic brain injury for the purpose of car- shall use 2 percent of such amount to make a ‘‘State or American Indian consortium’’; and rying out the following: grant to an eligible national association for pro- ‘‘(1) In collaboration with appropriate State (B) in paragraph (2), by striking ‘‘rec- ommendations to the State’’ and inserting ‘‘rec- viding for training and technical assistance to and local health-related agencies— protection and advocacy systems. ‘‘(A) determining the incidence of traumatic ommendations to the State or American Indian consortium’’; ‘‘(2) DEFINITION.—In this subsection, the term brain injury and prevalence of traumatic brain ‘eligible national association’ means a national injury related disability and the clinical aspects (3) in subsection (c)(1), by striking the term ‘‘State’’ each place such term appears and in- association with demonstrated experience in of the disability in all age groups and racial and providing training and technical assistance to ethnic minority groups in the general popu- serting ‘‘State or American Indian consortium’’; (4) in subsection (e), by striking ‘‘A State that protection and advocacy systems. lation of the United States, including institu- received’’ and all that follows through the pe- ‘‘(k) SYSTEM AUTHORITY.—In providing serv- tional settings, such as nursing homes, correc- riod and inserting ‘‘A State or American Indian ices under this section, a protection and advo- tional facilities, psychiatric hospitals, child care consortium that received a grant under this sec- cacy system shall have the same authorities, in- facilities, and residential institutes for people tion prior to the date of the enactment of the cluding access to records, as such system would with developmental disabilities; and Traumatic Brain Injury Act of 2008 may com- have for purposes of providing services under ‘‘(B) reporting national trends in traumatic plete the activities funded by the grant.’’; subtitle C of the Developmental Disabilities As- brain injury. (5) in subsection (f)— sistance and Bill of Rights Act of 2000.’’; and ‘‘(2) Identifying common therapeutic interven- (A) in the subsection heading, by inserting (5) in subsection (l) (as redesignated by this tions which are used for the rehabilitation of in- ‘‘AND AMERICAN INDIAN CONSORTIUM’’ after subsection) by striking ‘‘2002 through 2005’’ and dividuals with such injuries, and, subject to the ‘‘STATE’’; inserting ‘‘2009 through 2012’’. availability of information, including an anal- (B) in paragraph (1) in the matter preceding Mr. SALAZAR. Mr. President, I ask ysis of— subparagraph (A), paragraph (1)(E), paragraph unanimous consent that the Senate ‘‘(A) the effectiveness of each such interven- (2)(A), paragraph (2)(B), paragraph (3) in the concur in the House amendment, the tion in improving the functioning, including re- matter preceding subparagraph (A), paragraph turn to work or school and community partici- motion to reconsider be laid upon the (3)(E), and paragraph (3)(F), by striking the table, with no intervening action or de- pation, of individuals with brain injuries; term ‘‘State’’ each place such term appears and ‘‘(B) the comparative effectiveness of interven- inserting ‘‘State or American Indian consor- bate, and any statements related to the tions employed in the course of rehabilitation of tium’’; and bill be printed in the RECORD. individuals with brain injuries to achieve the (C) in clause (ii) of paragraph (1)(A), by strik- The PRESIDING OFFICER. Without same or similar clinical outcome; and ing ‘‘children and other individuals’’ and insert- objection, it is so ordered. ‘‘(C) the adequacy of existing measures of out- ing ‘‘children, youth, and adults’’; Mr. KENNEDY. Mr. President, today, comes and knowledge of factors influencing dif- (6) in subsection (h)— Congress took a major step toward ferential outcomes. (A) by striking ‘‘Not later than 2 years after making a remarkable difference in the ‘‘(3) Identifying interventions and therapies the date of the enactment of this section, the that can prevent or remediate the development Secretary’’ and inserting ‘‘Not less than bienni- lives of some of our Nation’s most de- of secondary neurologic conditions related to ally, the Secretary’’; serving citizens: our soldiers and our traumatic brain injury. (B) by striking ‘‘Commerce of the House of children with brain injuries. ‘‘(4) Developing practice guidelines for the re- Representatives, and to the Committee on Labor I commend our colleagues, Congress- habilitation of traumatic brain injury at such and Human Resources’’ and inserting ‘‘Energy men PASCRELL and PLATTS, as well as time as appropriate scientific research becomes and Commerce of the House of Representatives, my friend and cosponsor in the Senate, available. and to the Committee on Health, Education, Senator HATCH, on all they have done ‘‘(b) DATES CERTAIN FOR REPORTS.—If the Labor, and Pensions’’; and study is conducted under subsection (a), the (C) by inserting ‘‘and section 1253’’ after to achieve passage of this legislation. Secretary shall, not later than 3 years after the ‘‘programs established under this section,’’; It is an important and timely bill that date of the enactment of the Traumatic Brain (7) by amending subsection (i) to read as fol- helps an especially deserving group of Injury Act of 2008, submit to Congress a report lows: people.

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A recent deemed expired, the time for the two home, an unacceptably large number of Institute of Medicine report dem- leaders be reserved for use later in the children from birth to age 14 experi- onstrated that these programs work. day, the Senate proceed to a period of ence traumatic brain injuries approxi- Their benefit is obvious, and we must morning business until 3 p.m., with mately 475,000 a year and some of the do all we can to expand this appropria- Senators permitted to speak for up to most frequent of these injuries are to tion in the years ahead to meet the ur- 10 minutes each; and that following children under the age of 5. In Massa- gent and growing need for this assist- morning business, the Senate resume chusetts alone, more than 40,000 indi- ance. the motion to proceed to Calendar No. viduals experience these injuries each A recent report by the Institute of 608, H.R. 1195, the highway technical year. Medicine calls the current TBI pro- corrections bill. As a result of these injuries, over 5.3 grams an ‘‘overall success.’’ It states The PRESIDING OFFICER. Without million Americans are now living with that ‘‘there is considerable value in objection, it is so ordered. a permanent disability. Today, we have providing funding,’’ and ‘‘it is worri- taken another step toward ensuring some that the modestly budgeted TBI f Program continues to be vulnerable to that these citizens and their families PROGRAM will receive the best services we can budget cuts.’’ provide. Current estimates show that the Fed- Mr. SALAZAR. Mr. President, at 5:30 The legislation reauthorizes grants eral Government spends less than $3 p.m., on Monday, the Senate will pro- that assist States, territories, and the per brain injury survivor on research ceed to vote on the motion to invoke District of Columbia in establishing and services. As the IOM study sug- cloture on the motion to proceed to the and expanding coordinated systems of gests, this program must be able to ex- highway technical corrections bill. pand, so that each State will have the community-based services and supports f for persons with such injuries. resources needed to maintain vital services and advocacy for the large The legislation also reauthorizes an ADJOURNMENT UNTIL MONDAY, number of Americans who sustain such important provision, the Protection APRIL 14, 2008, AT 2 P.M. and Advocacy for Individuals with injuries each year. Enactment of this bipartisan legisla- Mr. SALAZAR. Mr. President, if Traumatic Brain Injury Program. This tion will bring us a giant step closer to there is no further business to come be- program, enacted by Congress in 2000, strengthening these vital programs for fore the Senate, I ask unanimous con- has become essential because persons these deserving individuals and their sent that it stand adjourned under the with these injuries have an array of families. previous order. needs beyond treatment and health f There being no objection, the Senate, care. Protection and advocacy services at 6:55 p.m., adjourned until Monday, include assistance in returning to DISCHARGE AND REFERRAL—H.R. April 14, 2008, at 2 p.m. work, finding a place to live, obtaining 123 supports and services such as attend- Mr. SALAZAR. Mr. President, I ask f ant care and assistive technology, and unanimous consent that the Environ- CONFIRMATIONS obtaining appropriate mental health, ment and Public Works Committee be substance abuse, and rehabilitation discharged of H.R. 123, an act to au- Executive nominations confirmed by services. thorize appropriations for the San Ga- the Senate Thursday, April 10, 2008: Often these persons especially our re- briel Basin Restoration Fund, and that THE JUDICIARY turning veterans must remain in ex- it then be referred to the Energy and BRIAN STACY MILLER, OF ARKANSAS, TO BE UNITED tremely expensive institutions far Natural Resources Committee. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT longer than necessary, because the OF ARKANSAS. The PRESIDING OFFICER. Without JAMES RANDAL HALL, OF GEORGIA, TO BE UNITED community-based supports and services objection, it is so ordered. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT they need are not available, even OF GEORGIA. f JOHN A. MENDEZ, OF CALIFORNIA, TO BE UNITED though they can lead to reduced gov- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT ernment expenditures, increased pro- ORDERS FOR MONDAY, APRIL 14, OF CALIFORNIA. STANLEY THOMAS ANDERSON, OF TENNESSEE, TO BE ductivity, greater independence and 2008 UNITED STATES DISTRICT JUDGE FOR THE WESTERN community involvement. Those who Mr. SALAZAR. Mr. President, I ask DISTRICT OF TENNESSEE. CATHARINA HAYNES, OF TEXAS, TO BE UNITED STATES provide such assistance must have spe- unanimous consent that when the Sen- CIRCUIT JUDGE FOR THE FIFTH CIRCUIT.

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GREEK INDEPENDENCE DAY: A Evelyn was in the educational system for ing some 45 people. Their customers are NATIONAL DAY OF CELEBRA- over 26 years when she was appointed prin- local, national, and international. Over the TION OF GREEK AND AMERICAN cipal of Early Childhood Center #12 on August years Loren has obtained three patents him- DEMOCRACY, 2008 22, 1990. She was the first Hispanic female self on practical improvements to increase principal in the City of Buffalo. farm productivity, and, being in Colorado, to HON. EDDIE BERNICE JOHNSON In 1991 she was appointed principal of groom snowmobile trails. OF TEXAS Community School #77, where she remained Along the way, Loren made time to serve on IN THE HOUSE OF REPRESENTATIVES for nine years before becoming principal of the Ft. Collins City Council, and Chamber of D’Youville Porter Campus School #3. She re- Thursday, April 10, 2008 Commerce, as president of the East Larimer tired on January 15, 2008. County Water District Board and as a director Ms. EDDIE BERNICE JOHNSON of Texas. Evelyn has always been involved with her of the North Poudre Irrigation District. He kept Madam Speaker, Tuesday, March 25, 2008, community in such organizations as Hispanics his hand in farming and has spent, so far, 14 has been designated ‘‘Greek Independence United of Buffalo, the Bilingual Advisory years on the county fair board. Day: A National Day of Celebration of Greek Board, WNY Hispanic & Friends Civic Asso- His love of flying included 40 years as a di- and American Democracy.’’ I am pleased to ciation, Hispanics Women’s League, Pueblo rector and officer of the local airpark. Loren join my colleagues in recognizing the unique Buffalo T.V., and served with Galloping Gour- provided a lesson in courage when he sur- contributions to our civilization from those of met of the Hispanic Community for seven vived a plane crash in his late forties that se- and of Greek American descent. years. She has also been served on the Board verely burned him and was supposed to leave Democracy was first born in Greece over of Directors of the Health Systems Agency of him unable to walk. Loren forced himself to 2,000 years ago, based on the fundamental Buffalo and has been involved with Buffalo overcome the pain and injuries, and learned to principle of consensual government self-deter- Prep Program and Calle 7 Puppet Company. walk again. mined by free citizens. The ideas forged in an- She founded ‘‘Tainas 74’’ Hispanic Women’s He has long been active in local and state- cient Greece by brilliant minds of the day have Softball team and served on the Buffalo Erie wide politics. Rounding out his active volun- such clarity and force that 2,000 years later County Library Board, the Board of Belmont teer life, he has served as church elder and they still hold more power than a host of Housing and Project Flight. couples group leader. armed weapons. Madam Speaker, I applaud Evelyn’s com- The priceless ideas of democracy and mitment to her community and congratulate Loren and Kathy have three children and equality born in ancient Greece have strongly her on her recent retirement. I know that you eight grandchildren who are all nearby in shaped the American national identity, which join with me in wishing Evelyn, her husband of northern Colorado. Madam Speaker, I am became a beacon of freedom and dignity to 32 years, Jose, and their entire family the very proud to honor Loren Maxey, a practical in- individuals. They continue to give hope and in- best of luck and Godspeed in the years to ventor, engineer, pilot, husband, father, and spiration to the millions around the world who come. active contributor of time and talent to his yearn to live in a free society like ours. Greece country and community. set the example for us and we, in turn have f set the example for countless others. HONORING LOREN MAXEY f Madam Speaker, it is appropriate that the Congress has set aside this national day of HONORING THE GALILEE BAPTIST celebration again in 2008. Each year, it HON. MARILYN N. MUSGRAVE CHURCH OF KALAMAZOO, MICHI- seems, we have a greater appreciation for the OF COLORADO GAN tremendous contribution of Greece to our IN THE HOUSE OF REPRESENTATIVES American values and our priceless democracy. Thursday, April 10, 2008 HON. FRED UPTON f Mrs. MUSGRAVE. Madam Speaker. I rise OF MICHIGAN HONORING EVELYN PIZARRO FOR today to honor Loren Maxey, who was born IN THE HOUSE OF REPRESENTATIVES YEARS OF DEDICATED SERVICE into a farm family in Illinois in 1932. His knack TO BUFFALO SCHOOL SYSTEM for inventing led to a college scholarship, but Thursday, April 10, 2008 AND COMMUNITY he interrupted college to enter the Navy, serv- Mr. UPTON. Madam Speaker, it is with ing 4 years in the early 1950s. He sailed on great pleasure that I rise today in honor of the a vessel taking part in the nuclear weapons HON. BRIAN HIGGINS Galilee Baptist Church of Kalamazoo, Michi- tests in the Pacific, seeing up close the results OF NEW YORK gan, on the occasion of its 50th anniversary. of those tests, and finishing his service as a IN THE HOUSE OF REPRESENTATIVES petty officer first class. Established in 1958, Galilee Baptist Church Thursday, April 10, 2008 Loren then finished a degree in agricultural has become a center of faith, hope, and com- Mr. HIGGINS. Madam Speaker, I rise today engineering at the University of Illinois, but munity for several generations of Kalamazoo to congratulate Evelyn Pizarro on over 30 chance led to meeting his future wife Kathy at residents. Over the past five decades, the years as a devoted educator and community her family farm in Greeley, Colorado. They church and its congregation have undergone organizer in Buffalo, NY. A well known advo- moved to Greeley to take over the farm in many periods of expansion, but have never cate for the Hispanic community, Evelyn’s 1958. lost their enthusiasm for the Lord and His commitment to education and her community Loren’s interest in practical engineering led powerful word. should be an inspiration to us all. to further studies in that field, then employ- I am proud and fortunate to represent the Evelyn was the oldest of six children born to ment with Forney Industries in aircraft manu- citizens of southwest Michigan because we Angel and Illuminada Munoz, immigrants who facturing, which tied in with another lifelong in- believe in continually striving to improve our came to Buffalo in the late forties to work on terest in being a pilot himself. He gained more way of life. Because of the good works of the the farms. She graduated cum laude from the experience in the agricultural engineering field, people of Galilee Baptist Church, Michigan is State University of New York at Buffalo in and in 1969 started his own company to de- truly a better place to live, work, and worship. 1974 with a B.S. in elementary education and sign, custom build, and service agricultural Again, it is my honor to stand today in rec- received masters in both early childhood edu- equipment and later. machinery for snow ognition of the Galilee Baptist Church for its cation and education administration from Buf- sports. Maxey Companies continues to flour- 50 years of service and spiritual outreach to falo State College. ish, now with Loren’s son at the helm, employ- the residents of Kalamazoo, Michigan.

∑ 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 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.001 E10APPT1 ccoleman on PRODPC75 with REMARKS E572 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 RECOGNIZING APRIL 7–13 AS A PROCLAMATION HONORING easy for Leo as he is disabled himself and NATIONAL PUBLIC HEALTH WEEK RAHLIN WATSON FOR WINNING cannot drive himself or walk without the assist- THE BOYS’ DIVISION I STATE ance of a walker. BASKETBALL CHAMPIONSHIP At the BRECC, Leo makes it his mission to HON. DANNY K. DAVIS ensure every patient has the best possible stay. Leo often searches for support from pub- OF ILLINOIS HON. ZACHARY T. SPACE lic agencies, and throughout his extensive OF OHIO IN THE HOUSE OF REPRESENTATIVES searches for resources, he has helped orches- IN THE HOUSE OF REPRESENTATIVES trate donations of such items as books on Thursday, April 10, 2008 Thursday, April 10, 2008 tape, voice activated watches for blind pa- tients, and other items. He also makes mone- Mr. DAVIS of Illinois. Madam Speaker, I Mr. SPACE. Madam Speaker: tary donations to the BRECC for additional re- wish to recognize the week of April 7–13 as Whereas, Rahlin Watson showed hard work sources and will often bring the patients candy National Public Health Week. In 1995, former and dedication to the sport of basketball; and and treats. President William Jefferson Clinton proclaimed Whereas, Rahlin Watson was a supportive Despite his own physical challenges, Leo the first full week of April as National Public team player; and provides recreational visits, personal visits, Health Week. Since then, the American Public Whereas, Rahlin Watson always displayed and resources to the many patients at the Health Association has organized National sportsmanship on and off of the court; now, BRECC. He does his best to cater to every Public Health Week and developed campaigns therefore, be it patient’s needs, volunteering his time, donat- Resolved, that along with his friends, family, to educate the public, policy-makers and pub- ing his money, and tirelessly searching for ad- and the residents of the 18th Congressional lic health professionals about issues important ditional resources to better the patients’ time District, I congratulate Rahlin Watson on win- to improving the public’s health. at the BRECC. ning the Boys’ Division I State Basketball Public health efforts strive to prevent dis- Championship. We recognize the tremendous Madam Speaker, I ask that you join with me ease and promote good health in a variety of hard work and sportsmanship he has dem- today to honor Leo Caron. He is a truly re- ways, including vaccination programs, regula- onstrated during the 2007–2008 basketball markable volunteer for Maryland’s veterans. tion of prescription drugs, worker health and season. Through his ongoing efforts, he has helped safety standards, access to clean water and hundreds of veterans receive the resources air, and other educational campaigns. Public f and comforts they deserve and served as a health includes professionals from many fields HONORING STEVEN LYNCH consistently positive influence in their lives. with the common purpose of protecting the Leo has gone above and beyond the call of health of a population. duty to aid those who have dedicated their HON. SAM GRAVES lives to serve our great country. My colleagues and I have no doubt seen OF MISSOURI the positive effects that public health aware- IN THE HOUSE OF REPRESENTATIVES f ness can bring to a community. A healthy pub- Thursday, April 10, 2008 lic gets sick less frequently and spends less JULIA M. CARSON POST OFFICE money on health care; this means better eco- Mr. GRAVES. Madam Speaker, I proudly BUILDING nomic productivity and an improved quality of pause to recognize Steven Joseph Lynch of life for everyone. Healthy children are more Liberty, Missouri. Steven is a very special SPEECH OF likely to attend school and, as a result, im- young man who has exemplified the finest prove their overall performance in education. qualities of citizenship and leadership by tak- HON. CHARLES B. RANGEL Healthy parents can inform their children ing an active part in the Boy Scouts of Amer- OF NEW YORK about positive wellness choices that will hope- ica, Troop 1495, and earning the most pres- IN THE HOUSE OF REPRESENTATIVES fully stay with them well into adulthood. Public tigious award of Eagle Scout. health prevention not only educates people Steven has been very active with his troop, Wednesday, April 9, 2008 about the effects of lifestyle choices on their participating in many scout activities. Over the Mr. RANGEL. Mr. Speaker, I rise today to health, it also reduces the impact of disasters many years Steven has been involved with remember the late and great former Congress- by preparing people for the effects of catas- scouting, he has not only earned numerous woman Julia Carson of the Seventh District of trophes such as hurricanes, tornadoes, and merit badges, but also the respect of his fam- the State of Indiana who passed away on De- terrorist attacks. ily, peers, and community. cember 15, 2007. Madam Speaker, I proudly ask you to join The American Public Health Association has Julia Carson was the first woman and Afri- me in commending Steven Joseph Lynch for can-American to be elected to Congress by selected climate change as the theme of Na- his accomplishments with the Boy Scouts of tional Public Health Week 2008. Though the the Seventh District of the State of Indiana. America and for his efforts put forth in achiev- She holds the title as the second woman to be scientific realities and environmental impacts ing the highest distinction of Eagle Scout. elected by the State of Indiana, besides Katie of climate change have been highly publicized Hall. She served in the Indiana House of Rep- in recent years, little has been said about the f resentatives for 4 years and the Senate for 14 effects of climate change on public health. Ex- TRIBUTE TO LEO H. CARON years before moving on to a new position as treme weather events such as hotter sum- a trustee for Center Township in Indianapolis, mers, colder winters, higher rainfall, and in- HON. C.A. DUTCH RUPPERSBERGER Indiana. She gained much respect and suc- creased rates of natural disasters all aid in cess as the trustee and was motivated by posing a greater risk to public health. Disease OF MARYLAND IN THE HOUSE OF REPRESENTATIVES former Congressman Andy Jacobs to run for and injury, in addition to the negative effects Congress in 1996. of pollution and other modern environmental Thursday, April 10, 2008 Her victory was marked by sheer success in challenges, are all hazards to public health Mr. RUPPERSBERGER. Madam Speaker, I the House of Representatives. Julia made a which must be explored and addressed as this rise before you today to honor Leo H. Caron, lot of good contributions to the House as issue continues to influence communities. recently awarded the 2008 Congressional Vol- being a firm supporter of children’s health in- I commend the organizations and individuals unteer Recognition Award by the 2nd Con- surance, and by playing a key part insuring in Chicago as well as nationwide for their work gressional District of Maryland’s Veterans Ad- that Rosa Parks received a Congressional on the critical issue of public health. National visory Council. Gold Medal in her remembrance. Public Health Week is the ideal time to high- Leo Caron has dedicated almost 250 hours She was a devoted member to the Congres- light the immediate and ongoing need for the of his time to volunteer for the patients at the sional Black Caucus and to Congress as a promotion of and investment in public health Baltimore VA Rehabilitation Extended Core whole. We will truly miss her and take all her activities that will safeguard our Nation’s cur- Center (BRECC). He volunteers at the wisdom with us as we move on to make right rent and future well-being. BRECC at least twice a week, which is not decisions for the American people.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.004 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E573 JULIA M. CARSON POST OFFICE of Greater Dallas, the Jewish Community Cen- HONORING JEANNE LAUDICK BUILDING ter of Dallas, Dallas Chapter of State of Israel Bonds, Dallas Chapter of Hadassah, Dallas HON. MARILYN N. MUSGRAVE SPEECH OF Holocaust Museum, B’nai B’rith International, OF COLORADO HON. BETTY McCOLLUM Congregation Beth El Binah, and other organi- IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA zations have scheduled a series of events to commemorate this occasion. Thursday, April 10, 2008 IN THE HOUSE OF REPRESENTATIVES As someone with a great interest in Israel, Mrs. MUSGRAVE. Madam Speaker, I rise Wednesday, April 9, 2008 Middle Eastern affairs, and world peace, I be- today to honor Jeanne Laudick who was born Ms. MCCOLLUM of Minnesota. Mr. Speak- lieve that the political transformations in this in Washington, DC, as the daughter of a gov- er, I rise in support of H.R. 5472 which des- region during the past few years have been ernment attorney. She grew up in Denver, CO, ignates the facility of the United States Postal dramatic. We have come a long way, despite and obtained her college degree from the Col- Service located at 2650 Dr. Martin Luther King attempts by extreme factions to harm Israel orado State College of Education, now the Jr. Street, Indianapolis, IN, as the ‘‘Julia M. and the cause of peace in the region. University of Northern Colorado. Carson Post Office Building.’’ I would like to quote an excerpt from Israel’s Jeanne married her husband John, in Den- Congresswoman Carson was the first and ‘‘declaration of independence,’’ published 50 ver, when she was 21, and they started their only African-American and woman in Indiana’s years ago as the British mandate over the family that grew to three children. Their oldest congressional delegation. An exceptionally area drew to an end: son eventually served in the United States courageous and strong woman, she looked a We extend our hand in peace and Army. Jeanne was both homemaker and childhood of poverty and segregation in the neighbourliness to all the neighbouring sometimes co-breadwinner for the family over eye and rose above it to represent Indiana for states and their peoples, and invite them to those years. cooperate with the independent Jewish na- In 1972, Jeanne and her family moved to Ft. over 35 years, first as an Indiana State rep- tion for the common good of all. resentative and then as State senator before Collins. There she and her husband started It is in that spirit, and with that faith, that I being elected to the United States Congress in their own business, Alpine Manufacturing, Inc., will continue to work with this and the new ad- 1996. in their basement, with all the kids helping out. Julia was able to use her life experiences to ministration to ensure the United States re- That business grew over the years, providing help others also overcome poverty, discrimina- mains firm in its commitment to the security of employment for some 70 employees, manu- tion and illness. I had the honor of being part Israel and to those principles necessary to facturing tools, dies, and molds, and providing of the Congresswoman’s initiative to raise guarantee the success of the Arab-Israeli production machinery. Jeanne held the cor- awareness of hypertension and stroke. I will peace process. porate office of secretary-treasurer, as well as always remember her unrelenting advocacy of f co-owner. women’s rights, children’s health, affordable TRIBUTE TO CUMMINS ENGINE Through the family business, Jeanne be- housing, and equality. She stood up for un- FOR PRODUCTION OF MILLIONTH came a member of the Chamber of Com- popular, but critical issues including expanding ENGINE merce, the National Federation of Independent SCHIP in the late 1990s and, most recently, Business, and the Governor’s Small Business voting against the war in Iraq. It is thus not HON. BRIAN HIGGINS Committee. She was appointed to the Latimer County Board of Adjustments, and to the Judi- surprising that Ms. Carson was the only per- OF NEW YORK cial Performance Commission. Exemplifying son to ever be named Woman of the Year by IN THE HOUSE OF REPRESENTATIVES The Indianapolis Star on two different occa- the American spirit of action and service, sions. Thursday, April 10, 2008 Jeanne also served as a volunteer for the My strongest memory, however, is how Mr. HIGGINS. Madam Speaker, I rise today Poudre Valley Hospital, the United Way, and Congresswoman Carson was a special and to honor Cummins Engine for the production as a fundraiser for the Wingshadow Frontier warm-hearted woman. She was one of the of their millionth engine. High School for kids needing alternative edu- first to go out of her way to introduce herself For many years Cummins Engine has pro- cation opportunities. to me when I first arrived at Congress in 2001. vided quality employment to hundreds of resi- Jeanne Laudick never stops doing and With our birthdays just a few days apart in dents in the Chautauqua County area. We learning. She has traveled extensively with her July, she always took time to greet me with a have seen this company grow and continue to husband, especially since their retirement from special tenderness. Her determination on pol- prosper for many years. the family business. She has seen and experi- icy issues was matched by a stylish flair and Cummins Engine is a global power leader. enced several countries in Central and South humor that consistently brought a smile to the It is a corporation of complementary business America, and several more in the eastern faces of all in the room. units that design, manufacture, distribute and Mediterranean and the Middle East; some, like Mr. Speaker, today I have the privilege in service engines and related technologies, in- , far off the beaten path. joining my colleagues in honoring this distin- cluding fuel systems, controls, air handling, fil- Madam Speaker, I am proud to honor guished woman, good friend, and tireless ad- tration, emission solutions and electrical power Jeanne Laudick, who has led a life of valuable vocate of the poor and working families by generation systems. With a headquarters in contribution to her family, her community, and designating the facility of the United States Columbus Indiana, they serve customers in to this country. Postal Service located at 2650 Dr. Martin Lu- more than 160 countries. They also boast a f ther King Jr. Street, Indianapolis, IN, as the network of 550 company owned and inde- ‘‘Julia M. Carson Post Office Building.’’ pendent distributor facilities and more than 50TH WEDDING ANNIVERSARY OF VERN AND JOHANNA EHLERS f 5,000 dealer locations. Cummins employs more than 28,000 employees worldwide and ISRAEL’S 60TH ANNIVERSARY OF as of 2004 reported sales of $8.4 billion. HON. FRED UPTON INDEPENDENCE The Jamestown Engine Plant, one of OF MICHIGAN Cummins largest manufacturing facilities. It is IN THE HOUSE OF REPRESENTATIVES responsible for manufacturing heavy duty en- HON. EDDIE BERNICE JOHNSON Thursday, April 10, 2008 OF TEXAS gines (ISM 11 liters and ISX 15 liters), and IN THE HOUSE OF REPRESENTATIVES machine components. The plant produces an Mr. UPTON. Madam Speaker, I rise today in average of 400 engines every day. It was also commemoration of a very special and momen- Thursday, April 10, 2008 recognized as the 2004 Business of the Year. tous occasion, the 50th wedding anniversary Ms. EDDIE BERNICE JOHNSON of Texas. For the production of their one millionth engine of our colleague, VERN EHLERS, and his beau- Madam Speaker, it is a special privilege for I am proud and honored to celebrate with this tiful wife, Johanna. As we offer our heartfelt me today to honor the nation of Israel on its wonderful company. congratulations to them, we have the oppor- 60th birthday. As Israelis celebrate their coun- Chautauqua County is blessed to have such tunity to reflect on the significant milestone try’s 60th anniversary, the international com- strong employers with a desire to make this these two lives, joined as one, celebrate this munity is celebrating with them 60 years of county the wonderful place that we all know it year. independence. can be. Cummins Engine is one of those busi- Married on June 14, 1958, their lives have In north Texas and in the 30th Congres- nesses and that is why, Madam Speaker, I been marked by a lasting devotion to one an- sional District of Texas, the Jewish Federation rise to honor them today. other, and to serving and glorifying the Lord.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.007 E10APPT1 ccoleman on PRODPC75 with REMARKS E574 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 Through their commitment to a strong faith, dents with autism an array of services that in- A TRIBUTE TO HILDA DAVIS VERN and Jo have touched many lives. How- cludes medical assessments, nursing, behav- ever, in my opinion, the greatest accomplish- ior, speech, physical, and occupational ther- HON. C.A. DUTCH RUPPERSBERGER ment and contribution of this couple are their apy, social work services, art and music ther- OF MARYLAND four children, Heidi and her husband, Bob; apy, vocational training, and community train- IN THE HOUSE OF REPRESENTATIVES Brian; Todd and his wife, Mirjam; and Marla; ing. Easter Seals Metropolitan Chicago has and their five grandchildren, and one great- provided excellent care to its clients for over Thursday, April 10, 2008 grandchild. As they gather together on April 26 70 years, and I commend them for their com- Mr. RUPPERSBERGER. Madam Speaker, I to mark this special day, it is the perfect time mitment to serving those affected by autism rise before you today to honor Hilda Davis, re- to reaffirm and strengthen the love and memo- spectrum disorders in our community. cently awarded the 2008 Congressional Volun- ries they share together. In Chicago and across the country, it is teer Recognition Award by the Second Con- Through a strong dedication to the institu- clear that autism is having an enormous effect gressional District of Maryland’s Veterans Ad- tion of marriage, VERN and Jo have built a life on children and families. Autism Awareness visory Council. of love and purpose. This celebration serves Month and its associated events help shine Hilda Davis’s husband belongs to the Elks as an inspiration for all of us, and again re- light on this critical issue. Therefore, Madam Association’s Essex Lodge No. 1866. The minds us that great things happen when we Speaker, I am indeed pleased to join with my lodge visits the Baltimore VA Rehabilitation seek to serve and glorify God. What a fitting colleagues in celebrating the goals of aware- Extended Care Center, BRECC, frequently, tribute to VERN and Jo. ness, prevention, and treatment of autism and Hilda’s involvement in these visits has in- I offer our best wishes for a joyfully memo- spectrum disorders during this April’s National creased throughout the years. Not only does rable anniversary celebration as well as good Autism Awareness Month. Hilda do extensive work for the veterans at the health and much happiness for many years to BRECC, but she volunteers at other lodges come. As one of just a few scientists serving f when they invite veterans to their facilities for in the House, apparently our colleague has A PROCLAMATION HONORING TAY- various events. found the formula for lifelong happiness. May LOR HUFFMAN FOR WINNING Hilda spends several hours a month volun- God continue to bless VERN and Jo, and I THE BOYS’ DIVISION I STATE teering at the BRECC, but she also spends know that they will continue to be a blessing BASKETBALL CHAMPIONSHIP many more hours doing behind the scenes to their family, and to their many friends and work for BRECC events. For every holiday colleagues. HON. ZACHARY T. SPACE and party, Hilda makes sure she buys decora- f tions and other festive items that can be used OF OHIO for events with and for the veterans. RECOGNIZING APRIL AS NATIONAL IN THE HOUSE OF REPRESENTATIVES During her spare time, Hilda also writes let- AUTISM AWARENESS MONTH Thursday, April 10, 2008 ters to different businesses and organizations Mr. SPACE. Madam Speaker: asking for donations, either monetary or items HON. DANNY K. DAVIS Whereas, Taylor Huffman showed hard that can be used for events for the veterans OF ILLINOIS work and dedication to the sport of basketball; or given directly to the veterans themselves. IN THE HOUSE OF REPRESENTATIVES and Whenever Hilda learns of a female veteran Thursday, April 10, 2008 Whereas, Taylor Huffman was a supportive patient at the BRECC, she makes personal team player; and comfort kits to take them. Because the Mr. DAVIS of Illinois. Madam Speaker, I BRECC facility does not have a canteen, Hilda would like to recognize April as National Au- Whereas, Taylor Huffman always displayed sportsmanship on and off of the court; now, will also periodically make snack bags to bring tism Awareness Month. Autism Awareness to the patients when the lodge makes their Month brings attention to the wide spectrum of therefore, be it Resolved, that along with his friends, family, monthly visits to the veterans. autistic-related disorders affecting as many as Madam Speaker, I ask that you join with me and the residents of the 18th Congressional 1 in 150 children born in the United States. today to honor Hilda Davis. She is a remark- District, I congratulate Taylor Huffman on win- The Centers for Disease Control and Preven- able volunteer for Maryland’s veterans. ning the Boys’ Division I State Basketball tion have identified autism as a national public Through her ongoing efforts, she has brought Championship. We recognize the tremendous health crisis whose cause and cure remain un- joy and delight to the hundreds of veterans hard work and sportsmanship he has dem- known. she has worked with. Hilda has gone above onstrated during the 2007–2008 basketball Autism is a complex neurobiological dis- and beyond the call of duty to aid those who season. order that typically lasts throughout a person’s have sacrificed to serve our great Nation. lifetime. It is part of a group of disorders f f known as autism spectrum disorders. It is now more common in diagnosis than pediatric can- HONORING COLIN STARNER CALLING ON THE GOVERNMENT cer, diabetes, and AIDS combined. It occurs in OF CHINA TO END ITS CRACK- all racial, ethnic, and social groups and is four HON. SAM GRAVES DOWN IN TIBET times more likely to strike boys than girls. Au- OF MISSOURI SPEECH OF tism impairs one’s ability to communicate and IN THE HOUSE OF REPRESENTATIVES relate to others; depending on the severity of Thursday, April 10, 2008 HON. CHARLES B. RANGEL the diagnosis, autism may dramatically affect OF NEW YORK one’s quality of life and ability to obtain em- Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES ployment. pause to recognize Colin Thomas Starner of I am proud of the many organizations and Liberty, Missouri. Colin is a very special young Tuesday, April 8, 2008 programs that exist in the Chicagoland area to man who has exemplified the finest qualities Mr. RANGEL. Madam Speaker, I rise today assist in the diagnosis and treatment of au- of citizenship and leadership by taking an ac- to express my support of H. Res. 1077, Call- tism. I especially want to recognize Easter tive part in the Boy Scouts of America, Troop ing on the Government of the People’s Repub- Seals Metropolitan Chicago for its extraor- 1376, and earning the most prestigious award lic of China to end its crackdown in Tibet and dinary work on this important issue. Easter of Eagle Scout. enter into a substantive dialogue with His Holi- Seals provides comprehensive autism services Colin has been very active with his troop, ness the Dalai Lama to find a negotiated solu- to its clients, including autism therapeutic participating in many scout activities. Over the tion that respects the distinctive language, cul- schools, adult vocational programs, after many years Colin has been involved with ture, religious identity, and fundamental free- school programs, information, and professional scouting, he has not only earned numerous doms of all Tibetans, and for other purposes. training. Illinois has seen a 353-percent in- merit badges, but also the respect of his fam- It is important to encourage and support a crease in autism since 1993. Easter Seals is ily, peers, and community. dialogue between the Government of the Peo- responding proactively to this increase by Madam Speaker, I proudly ask you to join ple’s Republic of China and the Dalai Lama in building the Therapeutic School and Center for me in commending Colin Thomas Starner for order to improve the current and future situa- Autism Research, which has already begun its his accomplishments with the Boy Scouts of tion of Tibet. For almost six decades the peo- construction and is expected to be completed America and for his efforts put forth in achiev- ple of Tibet have been repressed by the Gov- in 2012. This landmark facility will offer stu- ing the highest distinction of Eagle Scout. ernment of China by their policies, laws, and

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.010 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E575 regulations, which have reduced the Tibetans’ Michigan to recognize the life of Kathleen HONORING JAMES THOMAS, JR. economic opportunity and have eliminated Hudson Gaut of St. Joseph, Michigan who their cultural identity. passed away on January 7, 2008. HON. SAM GRAVES On March 10, 2008, Tibetan Buddhist Kathleen was a loving, selfless woman who OF MISSOURI monks staged peaceful demonstrations in rec- will be greatly missed in her community. Noth- IN THE HOUSE OF REPRESENTATIVES ognition of the 49th anniversary of Chinese ing made Kay happier than being with her rule over Tibet and the forced exile of the Thursday, April 10, 2008 large family who is spread out from coast to Dalai Lama. In reaction to the protests, the Mr. GRAVES. Madam Speaker, I proudly coast. Kay also had the enviable ability to Government of China used excessive force pause to recognize James Kevin Thomas, Jr. make the life of anyone she encountered that resulted in the death of hundreds and de- of Liberty, Missouri. James is a very special tention of thousands of Tibetans. about town a little bit better that day. young man who has exemplified the finest It is time for the Chinese Government to talk Born March 12, 1926, in Kalamazoo, Kath- qualities of citizenship and leadership by tak- with the Dalai Lama to reconcile their dif- leen completed grade and high school at ing an active part in the Boy Scouts of Amer- ferences so that the Tibetans will no longer re- Western Michigan (then) College. Recognized ica, Troop 1374, and earning the most pres- sent the Chinese and they can live peacefully in grade school for her athleticism, her interest tigious award of Eagle Scout. together. in high school focused on music, culminating James has been very active with his troop, f as drum majorette and band master. She participating in many scout activities. Over the completed her education at Kalamazoo Busi- many years James has been involved with PERSONAL EXPLANATION ness College, and then went on to a career at scouting, he has not only earned numerous Kalamazoo Vegetable Parchment (KVP) Corp. merit badges, but also the respect of his fam- HON. BETTY McCOLLUM In 1970 she was married to a childhood friend, ily, peers, and community. OF MINNESOTA and with her children they came to Stevens- Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES ville, to be near the lake she had loved as a me in commending James Kevin Thomas, Jr. Thursday, April 10, 2008 child. In 1983, Kay and her husband moved to for his accomplishments with the Boy Scouts of America and for his efforts put forth in Ms. MCCOLLUM of Minnesota. Madam Baroda where they created Senior Life Manor, a foster care home. Retiring 10 years later, achieving the highest distinction of Eagle Speaker, had I been present for the vote on Scout. H.R. 5472 to designate the facility of the they returned to Stevensville, and later to their United States Postal Service located at 2650 present home in St. Joseph Township. Kay is f Dr. Martin Luther King Jr. Street, Indianapolis, survived by her husband of 37 years, Dell; five A TRIBUTE TO BM1 ROBERT M. Indiana, as the ‘‘Julia M. Carson Post Office children. Susan (Robert) Vandervliet of Min- FLICKINGER Building,’’ I would have voted in the affirma- eral, Virginia, Thomas (Rhonda) Rabbers of tive. St. Joseph, James (Mary) Rabbers of Ste- HON. C.A. DUTCH RUPPERSBERGER f vensville, Jodi Rabberts of Arlington, Texas, and Daniel (Diana) Rabbers of Peoria, Ari- OF MARYLAND TRIBUTE TO SANTINE FARACI zona; a step-son, Dale (Jackie) Gaut of IN THE HOUSE OF REPRESENTATIVES CATALINO ON HER 100TH BIRTH- Hudsonville, MI; 12 grandchildren; and three Thursday, April 10, 2008 DAY great-grandchildren. Kay’s mother and father, Mr. RUPPERSBERGER. Madam Speaker, I Harold and Doris Hudson, preceded her in rise before you today to honor BM1 Robert M. HON. BRIAN HIGGINS death. Flickinger, recently named the 2007 Coast OF NEW YORK Therefore Madam Speaker, I ask my col- Guard Enlisted Person of the Year. Since the IN THE HOUSE OF REPRESENTATIVES leagues to join me in recognizing the life of start of his Coast Guard career, he has risen Thursday, April 10, 2008 Kathleen Gaut. May she rest in peace in heav- through the ranks, attaining the rank of Boat- swain’s Mate 1, BM1, in June of 2004. During Mr. HIGGINS. Madam Speaker, I rise today en. his course of duty, he has also served as a to congratulate Santine Faraci Catalino on her training petty officer and the Executive Petty 100th birthday on April 13, 2008. 100 years is f Officer of Aids to Navigation Team Baltimore. quite an accomplishment! Santine Catalino has lived an extraordinary A PROCLAMATION HONORING In the Coast Guard, it is said that the most life. As a child, Santine worked countless CODY DENNISON FOR WINNING versatile members of their operational teams hours on her family’s fruit farm. During World THE BOYS’ DIVISION I STATE are the boatswain’s mates. BMs are capable War II, she was a welder in a defense plant. BASKETBALL CHAMPIONSHIP of performing almost any task in boat oper- For 30 years she managed the family con- ations and navigation, and supervise all per- struction business. A fantastic cook, she lives sonnel assigned to a ship’s desk force. BMs in her own home, and attended bingo three HON. ZACHARY T. SPACE can be found in nearly every duty station available throughout the United States and times a week with her younger sister, who is OF OHIO 94, until just three years ago. various locations overseas. They serve on Santine is sharp as a tack. She enjoys fam- IN THE HOUSE OF REPRESENTATIVES every Coast Guard cutter, from harbor tugs to sea-going icebreakers. Additionally, BMs will ily around her and telling stories of her youth. Thursday, April 10, 2008 Santine attributes her longevity to eating often act as Federal law enforcement officers. freshly prepared food all her life, a great deal Mr. SPACE. Madam Speaker: BMs are officers-in-charge of many patrol of chocolate, and never drinking. She even boats, tugs, small craft, and small shore units Whereas, Cody Dennison showed hard including search and rescue stations and aids quit smoking 50 years ago! work and dedication to the sport of basketball; Madam Speaker, please join with me in to navigation teams. BMs use their leadership and congratulating Santine Catalino on her extraor- and expertise to perform the missions of the dinary 100 years. I wish her many more won- Whereas, Cody Dennison was a supportive Coast Guard, at sea and on shore. derful years with her family. team player; and As Executive Petty Officer of Aids to Navi- gation, ATON, Team Baltimore Boatswain’s f Whereas, Cody Dennison always displayed Mate First Class Robert Flickinger has con- sportsmanship on and off of the court; now, PAYING TRIBUTE TO THE LIFE OF tinuously provided exceptional leadership and KATHLEEN HUDSON GAUT therefore, be it guidance to the crew he oversees. While en- Resolved, that along with his friends, family, gaged in over 100 ATON missions in the past HON. FRED UPTON and the residents of the 18th Congressional year, his professionalism and assertive leader- OF MICHIGAN District, I congratulate Cody Dennison on win- ship have led to his unit’s zero operational ning the Boys’ Division I State Basketball IN THE HOUSE OF REPRESENTATIVES mishap rating. Boatswain’s Mate First Class Championship. We recognize the tremendous Flickinger is often described by his superior of- Thursday, April 10, 2008 hard work and sportsmanship he has dem- ficers as ‘‘recruiting poster quality’’ due to his Mr. UPTON. Madam Speaker, I rise today onstrated during the 2007–2008 basketball unsurpassed uniform appearance, military along with the Honorable MIKE ROGERS of season. presence, and overall demeanor. His superiors

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.013 E10APPT1 ccoleman on PRODPC75 with REMARKS E576 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 routinely rely on him to supervise or solve dif- diplomatic relations from the Republic of China we should commemorate for her genuine love ficult problems and demanding situations. to the People’s Republic of China on January of live she bestowed upon so many lives. Boatswain’s Mate First Class Flickinger con- 1. 1979. Fearing that the People’s Republic of f sistently seeks to improve the quality and en- China would claim ownership of all its assets joyment of Coast Guard life with an uncom- in the United States, the Republic of China HONORING THE LIFE OF ARMY mon commitment to the morale and welfare of government in Taiwan asked Thomas G. Cor- SPECIALIST GREGORY B. others. These exceptional qualities are likely coran, Sr. to help arrange for the sale of the RUNDELL the reasons lie was given the title of 2007 Twin Oaks estate to a private American civic Coast Guard Enlisted Person of the Year. organization, the Friends of Free China Asso- HON. BETTY McCOLLUM In addition to the prestigious Person of the ciation, co-chaired by Senator Barry Gold- OF MINNESOTA Year Award, Boatswain’s Mate First Class water. IN THE HOUSE OF REPRESENTATIVES Flickinger has received several additional mili- However, the passage of the Taiwan Rela- Thursday, April 10, 2008 tary awards. He is the recipient of the Com- tions Act, signed into law on April 10, 1979, mandant’s Letter of Commendation, three rendered the transaction unnecessary and en- Ms. MCCOLLUM of Minnesota. Madam Coast Guard Good Conduct Medals, and two sured that Twin Oaks would remain under Speaker, I rise to remember and honor the life Coast Guard Achievement Medals. He has ownership of the Republic of China. and courage of U.S. Army Specialist Gregory also been presented with the Transportation Twin Oaks is an invaluable symbol of friend- B. Rundell. The 21-year-old, a native of North 9–11 Ribbon, the National Defense Service ship between the peoples of the United States St. Paul, MN, was killed by hostile fire on Medal, and the Global War on Terrorism and Taiwan. Today let us honor the 120th an- March 26, 2008 while guarding a U.S. military Medal. niversary of the Twin Oaks estate and the base in Taji, north of Baghdad. Madam Speaker, I ask that you join with me 29th anniversary of the Taiwan Relations Act. Specialist Rundell joined the Army in 2005 today to honor BM1 Robert M. Flickinger. His f after graduating from North St. Paul High legacy as compassionate yet assertive leader School in 2004. His expected year-long de- will be remembered by his crewmates and su- HONORING THE LIFE AND CAREER ployment to Iraq began last December for a periors for years to come. It is with great pride OF HAZEL HALEY tour of duty as a member of a Stryker armored that I congratulate Boatswain’s Mate First vehicle unit. He was assigned to B Company, Class Flickinger on his exemplary service to HON. ADAM H. PUTNAM 1st Battalion, 27th Infantry Regiment, 25th In- our Nation in the United States Coast Guard. OF FLORIDA fantry Division, Schofield Barracks, Hawaii. f IN THE HOUSE OF REPRESENTATIVES Rundell served his nation and his fellow sol- diers with honor and with courage. His com- Thursday, April 10, 2008 120TH ANNIVERSARY OF THE TWIN mitment to this noble service earned him the OAKS ESTATE Mr. PUTNAM. Madam Speaker, I rise today Bronze Star for meritorious service in Iraq, a to honor the life and career of Polk County’s Good Conduct Medal, a Combat Infantry HON. DAVID WU beloved educator, Hazel Haley, who died on Badge, and the infantry blue cord. OF OREGON April 7, 2008. Rundell’s desire to serve his nation and his IN THE HOUSE OF REPRESENTATIVES Holding the record for the longest tenure of State is an inspiration to his community. After a Florida teacher, and thought to have been his career in the U.S. Army, he planned to be- Thursday, April 10, 2008 the longest-serving teacher in the country as come a police officer because he wanted to Mr. WU. Madam Speaker, I rise today to well, Miss Haley dedicated 69 years of service help people. His mother, Joanne, describes commemorate the 29th anniversary of the Tai- to the classroom and to multiple-generations her son standing ‘‘tall and brave’’ for others, wan Relations Act and the 120th anniversary of Polk County families, including Florida Gov- and his sacrifice exemplifies his family’s re- of the Twin Oaks estate in Washington, DC, a ernor Lawton . markable commitment to military service. His National Historic Site and the former residence Polk County, and especially Lakeland High grandfather, uncle, and brother have all worn of nine ambassadors from the Republic of School—where Hazel taught for 67 years— the uniform in service to our nation. China. has not only lost a dear friend, but an advo- Madam Speaker, please join me in paying The Twin Oaks estate, located on Woodley cate, a mentor, and a community leader. Her the highest respect to Specialist Rundell and Road in Northwest Washington, DC, is consid- legacy and memory lives on through the thou- his family. He is a Minnesotan and American ered the largest privately-owned estate in the sands of students lives she impacted. It is es- hero. His courage and sacrifice honors our na- District of Columbia. The land upon which timated that she taught 13,500 students, prov- tion. Specialist Rundell’s parents as well as Twin Oaks rests belonged originally to Uriah ing that one person can touch many lives. In his brothers and sisters, Kyle, Wayne, Forrest, an American general in the Revolu- addition, Florida Southern College and Polk Desiree, Andria, his many friends, and his tionary War, a member of the first Continental Community College both award scholarship comrades in Iraq have my deepest sympathies Congress, and one of Maryland’s first dele- funds in her name. for their profound loss. gates to Congress. In 1888, the property was A fan of crossword puzzles, episodes of f sold to Mr. Gardiner Green Hubbard, founder ‘‘Law & Order,’’ and all things Shakespeare, and first president of the National Geographic Hazel also had a passion for traveling. Living A PROCLAMATION HONORING Society. Mr. Hubbard commissioned one of life to the fullest, in 1973 at the young age of LAVELLE SPIVEY FOR WINNING America’s leading architects at the time, Rich- 57, Hazel made it a goal to take two inter- THE BOYS’ DIVISION I STATE ard Allen, to design and construct a 26-room national trips each year. Hazel even managed BASKETBALL CHAMPIONSHIP house in the early Colonial (Georgian) Revival to physically travel around the world, not just style. Mr. Hubbard’s son-in-law, telephone in- once, but twice. She considered herself the HON. ZACHARY T. SPACE ventor Alexander Graham Bell, once lived at biggest Anglophile in the USA, and always OF OHIO the estate. found a way to work London into her itinerary. IN THE HOUSE OF REPRESENTATIVES In 1937, the Twin Oaks estate was rented to Known for her sharp wit, frankness, and big the Government of the Republic of China, and heart, Hazel will long be remembered in the Thursday, April 10, 2008 in 1947 the property was formally sold to that halls of Lakeland High School. Classroom Mr. SPACE. Madam Speaker: Government. The estate remained in posses- 106—where she taught from 1953 to 2006— Whereas, Lavelle Spivey showed hard work sion of the Republic of China Government will forever retain the many lessons Hazel in- and dedication to the sport of basketball; and after it moved to Taiwan at the end of the Chi- stilled in students of American and English Lit- Whereas, Lavelle Spivey was a supportive nese Civil War in 1949. From 1937 to 1978, erature. In 1984, the Polk County School Dis- team player; and the Twin Oaks estate was the official resi- trict honored Hazel’s steadfast commitment to Whereas, Lavelle Spivey always displayed dence of nine Republic of China ambas- education officially naming the wing where her sportsmanship on and off of the court; now, sadors, who used the estate for social gath- room was located as the ‘‘Hazel H. Haley therefore, be it erings and business meetings with senior Building.’’ Resolved, that along with his friends, family, members of the U.S. government and mem- There is no arguing the multitude of con- and the residents of the 18th Congressional bers of the diplomatic corps. tributions Hazel conveyed to her students, her District, I congratulate Lavelle Spivey on win- In late 1978, President Jimmy Carter an- community, and her profession. Hazel’s life is ning the Boys’ Division I State Basketball nounced that the United States would shift not one that we should mourn, but one that Championship. We recognize the tremendous

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.016 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E577 hard work and sportsmanship he has dem- as possible. Lydie has gone above and be- ous examples of the great work they do in our onstrated during the 2007–2008 basketball yond the call of duty to aid those who have community and abroad, including: providing season. sacrificed to serve our great Nation. eye examinations and glasses for children f f whose families are unable to meet the nec- essary financial requirements; delivering food HONORING NICK STAMOS HONORING OWEN HALL FOR HIS boxes to needy families at Thanksgiving, YEARS OF SERVICE TO MERCER Christmas and Easter; providing financial as- HON. SAM GRAVES COUNTY AND OHIO sistance to families who have experienced OF MISSOURI hardship due to injury and natural disasters; IN THE HOUSE OF REPRESENTATIVES HON. JOHN A. BOEHNER cleaning up and maintaining stretches of local roads; giving financial scholarships to deserv- Thursday, April 10, 2008 OF OHIO IN THE HOUSE OF REPRESENTATIVES ing high school graduates; and participation in Mr. GRAVES. Madam Speaker, I proudly many other projects within its Lions District, pause to recognize Nick James Stamos of Thursday, April 10, 2008 the Delaware Valley and the Tri-State area. Independence, Missouri. Nick is a very special Mr. BOEHNER. Madam Speaker, I rise to One example of an international project the young man who has exemplified the finest recognize Mr. Owen Hall, a leading citizen of Coventry Lions Club is working on is the Cam- qualities of citizenship and leadership by tak- Mercer County, and to express my apprecia- paign Sight First II conducted by Lions Club ing an active part in the Boy Scouts of Amer- tion for his dedication and commitment to pub- International Foundation. This project is hop- ica, Troop 1138, and earning the most pres- lic service. For 18 years, Mr. Hall has contrib- ing to provide $200,000,000 to attack prevent- tigious award of Eagle Scout. uted his time and talents in leading the Mercer able blindness throughout the world and con- Nick has been very active with his troop, County Republican Party, and for this, I offer tribute toward other humanitarian causes. The participating in many scout activities. Over the him my utmost congratulations and thanks. Coventry Lions Club has contributed financial many years Nick has been involved with However, Owen’s love of public service is resources to numerous noteworthy projects scouting, he has not only earned numerous not confined to the political world. Owen is a such as this over the years. merit badges, but also the respect of his fam- man committed to his community, serving on Madam Speaker, the Coventry Club has a ily, peers, and community. many boards and commissions. He is the Past long and wonderful history of helping its com- Madam Speaker, I proudly ask you to join President of the Ohio Association of Realtors, munity, and all those throughout the world me in commending Nick James Stamos for his Past President of the National Realtors Land who may need help. I know my colleagues accomplishments with the Boy Scouts of institute, member of the Ohio Auctioneers Hall join me as I congratulate its members for their America and for his efforts put forth in achiev- of Fame, Director of the Lake Development inspirational work and exceptional public serv- ing the highest distinction of Eagle Scout. Corporation, Past President of the Ohio ice. f Churches of God Youth Advance, lifetime f member of the Church of God, and Past HONORING DR. HWA-WEI LEE A TRIBUTE TO LYDIE H. MASSE President of the church council. Owen’s record—as a committed community HON. MICHAEL M. HONDA HON. C.A. DUTCH RUPPERSBERGER man, a church leader, and as a good neighbor OF CALIFORNIA OF MARYLAND helping those in need—will leave an enduring IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES legacy in Mercer County. His leadership will Thursday, April 10, 2008 Thursday, April 10, 2008 be missed, but the footprint he has left will in- spire many to emulate his good works. Mr. HONDA. Madam Speaker, I rise today Mr. RUPPERSBERGER. Madam Speaker, I Owen, I offer my congratulations and grati- to honor the many contributions and achieve- rise before you today to honor Lydie H. tude for your long and successful career in ments of Dr. Hwa-Wei Lee. After an esteemed Masse, recently awarded the 2008 Congres- public service. I wish you well in your future 5 years as the chief of the Asian Division at sional Volunteer Recognition Award by the retirement, and I hope you continue to achieve the Library of Congress—a bookend to his 2nd Congressional District of Maryland’s Vet- happiness and success wherever your life dedicated 50 years in the library profession, erans Advisory Council. journey may lead you. Dr. Lee is retiring. Lydie Masse works as a hospice night nurse f Before joining the Library of Congress in at the Baltimore VA Rehabilitation Extended 2003, Dr. Lee had already achieved a distin- Care Center (BRECC). While many of the COVENTRY LIONS CLUB 50TH guished career in the pursuit and preservation night duty personnel leave once their shift is ANNIVERSARY of knowledge. He first served at the Main Li- over, Lydie always stays to escort patients to brary of the University of Pittsburgh, where he breakfast, where she plays the piano as HON. JIM GERLACH also completed two master’s degrees and a breakfast is served and encourages singing OF PENNSYLVANIA Ph.D. He then advanced his career working at among the patients. Fellow workers and volun- IN THE HOUSE OF REPRESENTATIVES many other libraries, including Duquesne Uni- teers admire how her music enhances the versity, Edinboro University of Pennsylvania, Thursday, April 10, 2008 quality of life among the patients. Her gentle, Asian Institute of Technology in Bangkok, friendly manner endears her to the patients, Mr. GERLACH. Madam Speaker, I rise , Colorado State University, and Ohio and whenever she plays music, encouraging today to pay tribute to and congratulate the University. Dr. Lee was Dean of Libraries at them to join in, a sense of good will pervades Coventry Lions Club for its 50th anniversary Ohio University for 21 years. During that time, the room and brightens the day of many of her this year. The Coventry Lions Club held its he was able to transform a relatively unas- patients. first meeting on April 15, 1958 and was char- suming university library into a prestigious An injury caused Lydie to work with a brace tered by the International Lions Club to serve member of the Association of Research Librar- on her leg for several weeks, but despite her the area that is now known as the Owen J. ies, and ranked among the top 70 academic long recovery she continued her work, never Roberts School District, which includes seven research libraries in North America. Recog- hurried or impatient with the veterans and al- townships in its community of service. Of the nizing Dr. Lee’s numerous and incredible ac- ways in a positive mood. After her arduous charter members, only two are known by the complishments, Ohio University displayed its night duty is completed every morning, she Club to still be living in the area—Dr. Robert enormous appreciation of Dr. Lee by not only stays as long as she is needed to help the pa- Barr and Mr. Stauffer Kutz—who have agreed naming the first floor of its main library the tients start with their day, tending to any need to be a part of the Club’s celebration. Hwa-Wei Lee Center for International Collec- her patients may have. She volunteers much Over the years, the Coventry Lions Club tions, but also dedicating a new library annex of her free time to the patients she works with has boasted a membership that includes busi- after him. every night, doing her best to better their lives. ness and community leaders willing to work During his short tenure at the Library of Madam Speaker, I ask that you join with me under the International Lions slogan of ‘‘We Congress, Dr. Lee focused his energy on today to honor Lydie Masse. She is a remark- Serve.’’ That history has continued into the completely rejuvenating and reorganizing the able volunteer for Maryland’s veterans. present time with a membership that seeks to Asian Division. He introduced innovative pro- Through her ongoing efforts, she has bright- serve the local community, as well as partici- grams designed to improve and expand the di- ened the lives of the veterans she works with, pate in international programs that serve the vision’s resources, collections, services, and making their stay at the BRECC as pleasant less fortunate of the world. There are numer- outreach.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K10AP8.006 E10APPT1 ccoleman on PRODPC75 with REMARKS E578 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 As chair of the Congressional Asian Pacific Fox, Haley Grimsley, and Stacy Hicks, and charities and others to help those people.’’ Mi- American Caucus, it has been my privilege to freshmen Taylor Alexander and Chelsea Turn- chael Chertoff, Secretary of DHS said, ‘‘I re- have collaborated with Dr. Lee and his dedi- er. The team was ably assisted by the score- member on Tuesday morning picking up cated staff at the Asian Division. Our shared keeper Chasz Brown and the videographer newspapers, and I saw headlines, ‘New Orle- pursuit to tell the complete Asian American Tyler Gibson. ans Dodged the Bullet.’’’ Is this the way we and Pacific Islander, AAPI, story and dispel On behalf of the Sixth District, we would like make the homeland safer? By attempting to the cloak of invisibility and mischaracterization to once again congratulate the East Davidson fabricate leadership instead of demonstrating upon the community has given life to a new Golden Eagles on having a great season and it? AAPI Collection at the Library of Congress. winning the North Carolina 2-A girls basketball Furthermore, in 2003 the Administration ter- This is another milestone of Dr. Lee’s storied championship. We are all so proud of their ac- minated the collective bargaining rights of TSA career. complishment. screeners just as TSA workers were ready to Dr. Lee and his lovely wife Mary will soon f vote on joining the union of the American Fed- move to Florida to bask in the sunny rays of eration of Government Employees (AFGE). retirement. But I suspect that he will not slow RECOGNIZING THE FIFTH ANNI- DHS does not allow a unionized TSA work- down, and will continue his many pursuits. As VERSARY OF THE DEPARTMENT force. Transportation security workers deserve anyone who has met Dr. Lee can attest, his OF THE HOMELAND SECURITY collective bargaining rights. It is an insult to boundless, enthusiastic spirit will not allow him these dedicated men and women within DHS, SPEECH OF to stay idle. In fact, he has already promised including FEMA, the Army Corp of Engineers to visit the Library frequently and is eager to HON. DENNIS J. KUCINICH and Border Patrol that their rights to organize start his new role as board director of the OF OHIO have been denied. Asian Division Friends Society. IN THE HOUSE OF REPRESENTATIVES I unequivocally appreciate the dedicated Madam Speaker, I commend Dr. Hwa-Wei Wednesday, April 9, 2008 service of DHS employees. Their hard work Lee for his dedication and many contributions and commitment to public service is out- to the librarian profession and am especially Mr. KUCINICH. Mr. Speaker, I rise to de- standing and valuable. However, I cannot cel- grateful for his nurturing leadership of the clare my support for the employees of the De- ebrate the creation of DHS. partment of Homeland Security and to thank Asian Division and of the establishment of the f AAPI Collection at the Library of Congress. I them for their important service to our country. wish Dr. Lee and his family all the best for his I opposed the formation of the Department of A PROCLAMATION HONORING retirement and their future endeavors. Homeland Security in 2002. There was good RYAN QUEEN FOR WINNING THE BOYS’ DIVISION I STATE BAS- f reason to believe that a reorganization that would take at least 10 years and possibly KETBALL CHAMPIONSHIP EAST DAVIDSON GOLDEN EAGLES more, would cause delay in implementation of TAKE THE TITLE real measures that could make the country HON. ZACHARY T. SPACE safer. OF OHIO I pointed out that the proposed reorganiza- HON. HOWARD COBLE IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA tion of 22 different agencies into one large en- Thursday, April 10, 2008 IN THE HOUSE OF REPRESENTATIVES tity would not constitute efficient and effective government, nor would it help the thousands Mr. SPACE. Madam Speaker: Thursday, April 10, 2008 of Americans who die of violent crimes each Whereas, Ryan Queen showed hard work Mr. COBLE. Madam Speaker. the season year in this country. and dedication to the sport of basketball; and for the East Davidson girls basketball team When Hurricane Katrina hit the Gulf Coast Whereas, Ryan Queen was a supportive started with plenty of questions about having on August 29, 2005, it soon became apparent team player; and to replace veterans players with a host of new that my concerns about establishing the De- Whereas, Ryan Queen always displayed teammates. Head Coach Terry Allmon said to partment of Homeland Security were valid. sportsmanship on and off of the court; now, the Thomasville Times, ‘‘Two years ago, no- Katrina and the subsequent flooding took at therefore, be it body expected us to do anything. Last year, least 1,835 lives and sent a powerful reminder Resolved, that along with his friends, family, the expectations were out of sight. This year, to the people of the United States that the and the residents of the 18th Congressional the same thing.’’ homeland is not secure. I certainly do not ex- District, I congratulate Ryan Queen on winning On March 25, 2008, the East Davidson pect that the Department of Homeland Secu- the Boys’ Division I State Basketball Cham- Golden Eagles showed they had what it takes rity, the Federal Emergency Management pionship. We recognize the tremendous hard to win the North Carolina High School Athletic Agency (FEMA) or any other government work and sportsmanship he has demonstrated Association, NCHSAA, 2–A girls basketball agency can prevent a natural disaster. But during the 2007–2008 basketball season. championship. East Davidson won over FEMA’s own mandate was to coordinate dis- f Graham High School, 62–59. This is the first aster relief through preparedness, response, state championship for the East Davidson girls recovery and mitigation. The federal response HONORING TRENTON LERETTE basketball team. should have been to make things happen and The championship win finally started to look to make them happen quickly; to anticipate HON. SAM GRAVES possible at the start of the second half of the and respond to the needs of local and state OF MISSOURI March 25 game against Graham, even though officials. IN THE HOUSE OF REPRESENTATIVES East Davidson was trailing, 30–27. The Gold- Instead Hurricane Katrina will long be held en Eagles used the third quarter to blow the in our Nation’s collective conscience. We will Thursday, April 10, 2008 game wide open, as they have done in the remember the terrified and helpless faces of Mr. GRAVES. Madam Speaker, I proudly last three games. the victims that this disaster claimed, dis- pause to recognize Trenton Crane LeRette of This win comes at the end of a season for placed and horrified. We will remember the Blue Springs, Missouri. Trenton is a very spe- the Golden Eagles in which they finished 27– faces of our fellow citizens pleading for help, cial young man who has exemplified the finest 4. Coach Allmon also told the Thomasville for days as they endured horrible conditions at qualities of citizenship and leadership by tak- Times, ‘‘This is a dream come true, these la- the convention center and Superdome. The ing an active part in the Boy Scouts of Amer- dies here stepped up when they had to.’’ unbearably inadequate response to these dis- ica, Troop 1306, and earning the most pres- Congratulations are in order for Coach Terry asters exacerbates the shame, heartache and tigious award of Eagle Scout. Allmon and his assistants Billy Freeman and insecurity that has resulted. The images haunt Trenton has been very active with his troop, Brian Eddinger on a great season. The men us. participating in many Scout activities. Over the will be the first to tell you that most of the What was the response from the former many years Trenton has been involved with credit goes out to the players on the court. FEMA Director Michael Brown in testimony scouting, he has not only earned numerous The players who contributed to the title run in- before the House? He said, ‘‘[a]nd while my merit badges, but also the respect of his fam- cluded seniors Megan Byerly and Dee Lanier, heart goes out to people on fixed incomes, it ily, peers, and community. juniors Mandi Beck, Alyssa Cutshaw, Haley is primarily a state and local responsibility. Madam Speaker, I proudly ask you to join Everhart, Anna Freeman, Elizabeth Merritt, And in my opinion, it’s the responsibility of me in commending Trenton Crane LeRette for and Felicia Whitley, sophomores Candace faith-based organizations, of churches and his accomplishments with the Boy Scouts of

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.022 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E579 America and for his efforts put forth in achiev- Courier staff writers Peter Davis, Noah We must act now to prevent dangerous, ir- ing the highest distinction of Eagle Scout. Rosenberg, and Christina Santucci, with the reversible warming of our planet and to ensure f help of Damian Ghigliotty and Joe Hirsch, doc- a promising future for other generations. That umented for 3 months the histories, labor, is why I have joined as a cosponsor of H. TRIBUTE TO RALPH RAPSON challenges, and lives of this invisible popu- Res. 1081, recognizing the week of April 7, lation. Their excellent reporting gave us a nec- 2008 to April 13, 2008, as ‘‘National Public HON. KEITH ELLISON essary glimpse into the lives of these hard- Health Week’’ and designating the theme of working men and women and the hardships the week as ‘‘Climate Change: Our Health in OF MINNESOTA they face as day laborers. the Balance.’’ I have also cosponsored legisla- IN THE HOUSE OF REPRESENTATIVES Through their work these journalists remind tion offered by Representative HENRY WAXMAN Thursday, April 10, 2008 us all of the essential role that the local press that seeks to create a national framework for Mr. ELLISON. Madam Speaker, I rise today play in telling the stories often missed in the the reduction of greenhouse gases. to pay tribute to the life of Ralph Rapson, one commotion of cable television and the 24-hour I want to congratulate Representative HILDA of the country’s most influential architects. His news cycle. SOLIS and Representative WAXMAN for putting Modernist designs were not only significant in The four-part series by the Queens Courier forward these important bills and for drawing the State of Minnesota but can been seen provided readers with an accurate, relevant, attention to the threat of global climate change around the world. While I regret to report the and illuminating window into this important but on public health. recent passing of Ralph Rapson at the age of underground workforce. The series showcased f 93, I am grateful for his talent, his dedication their hopes for a brighter future and the obsta- CONGRATULATING INDIANA STATE and his passion; all of which we were lucky to cles they encounter, including oftentimes dan- SENATOR TRAVIS HOLDMAN ON have him share with the state of Minnesota. gerous working conditions. The series noted that a 2003 study found that 63 percent of day THE OCCASION OF HIS SWEAR- Born in Alma, Michigan in 1914, Ralph ING-IN earned his degree in architecture at the Uni- workers surveyed said that their bosses did versity of Michigan. In 1939 he designed a not give them protective clothing or equipment streamlined rocking chair that went on to bear and 12 percent said that they had been in- HON. MIKE PENCE his name, the Rapson Rapid Rocker. From jured on a job site at least once in the past OF INDIANA 1942–1946 he taught at the Illinois Institute of year. IN THE HOUSE OF REPRESENTATIVES It is the stories that they tell which should Technology and then at the Massachusetts In- Thursday, April 10, 2008 stitute of Technology from 1946–1954. remind us all of the ‘‘facts on the ground’’—the stories to inform and inspire our policy and Mr. PENCE. Madam Speaker, I rise today to Mr. Rapson’s relationship with Minnesota legislative work. The stories that journalists congratulate the newest member of the Indi- began over 50 years ago when he came to like Davis, Rosenberg, Santucci, and their col- ana State Senate. The sun has set on the the University of Minnesota to serve as the leagues tell illuminate the very best what jour- long and proud legacy of one visionary leader, Dean of the Architecture School. From 1954– nalism can be: informational and inspiring. It but a new dawn is rising in the Hoosier heart- 1984 as the Dean he went on to influence the can change the world by making seen the in- land. lives and careers of many architecture and de- visible, teaching the unknown, and challenging Tomorrow at the Indiana Statehouse, sur- sign students. Ralph Rapson’s defining work the conventional wisdom. rounded by family and friends, Travis Holdman was the innovative and asymmetrical themed We all should thank The Queens Courier, will raise his right hand to be sworn in as former Guthrie Theater building across from their editors, and reporters Davis, Rosenberg, State Senator for Indiana’s 19th District. the Minneapolis Sculpture Garden. Santucci, Ghigliotty, and Hirsch for their in- After his victory, Holdman said he had no Mr. Rapson’s resume also includes the credible work. acceptance speech prepared. He simply Rarig Center for Performing Arts on the Uni- f thanked the caucus and quoted Proverbs versity of Minnesota campus, St. Thomas 15:22: ‘‘Plans fail for lack of counsel, but with Aquinas Catholic Church in St. Paul Park, the NATIONAL PUBLIC HEALTH WEEK advisors they succeed.’’ I’m sure he will re- Riverside Plaza housing complex in Min- ceive a lot of counsel in the months and years neapolis and the former Pillsbury House in HON. JOHN P. SARBANES ahead as he seeks to serve his constituents. Wayzata and Prince of Peace Lutheran I’ve known Travis and his wife Becky for Church for the Deaf in St. Paul. He also de- OF MARYLAND IN THE HOUSE OF REPRESENTATIVES years. He has a wealth of business and polit- signed the United States Embassies in Stock- ical experience that will serve his constituents holm, and . Most re- Thursday, April 10, 2008 well. cently Mr. Rapson’s Minneapolis-based com- Mr. SARBANES. Madam Speaker, on the Travis has been involved with banking for pany had developed a line of prefabricated occasion of National Public Health Week, I the past 15 years, serving as a bank CEO, modern houses called the Rapson Greenbelt. rise today to focus attention on the effects of bank holding CEO, and chairman of the board. In closing, Madam Speaker, I wish to ex- climate change on the health of the nation’s Previously, he spent 6 years as a deputy pros- press my condolences to those surviving most vulnerable citizens. ecutor in Wells County. Ralph Rapson: his son Rip of Birmingham, Scientists from around the world have Travis has served as both chairman and Mich., who is president of the Kresge Founda- issued clear warnings that the Earth’s tem- vice chairman of the Wells County GOP for tion and Toby, of Minneapolis, who is also an perature is rising as a result of the release of the past 12 years. Most recently he served on architect and six grandchildren. Mr. Rapson harmful greenhouse gases into the atmos- the Wells County Council. today we thank you. phere by human activity. Climate change neg- Travis and Becky are also leaders in a num- f atively affects the environment in a funda- ber of civic and community activities. At the mental way. It affects the air we breathe, the Zanesville United Methodist Church, they vol- DOCUMENTARY ON PLIGHT OF water we drink, the food we eat, and it contrib- unteer for the UPWARD sports ministry. Travis NYC ‘‘GHOST WORKERS’’ utes to the spread of disease. Extreme weath- serves on the board of trustees for Huntington er events such as heat waves, drought, and University and has worked with Youth for HON. ANTHONY D. WEINER stronger hurricanes further illustrate the dan- Christ student ministry. OF NEW YORK gers associated with climate change. Travis was the youngest of eight children IN THE HOUSE OF REPRESENTATIVES Climate change looms large for everyone in and grew up in a poor but hard-working family our Nation, but it disproportionately impacts of farmers. He will tell you that his parents in- Thursday, April 10, 2008 our Nation’s vulnerable populations—children, stilled in him five core values: traditional family Mr. WEINER. Madam Speaker, I rise to rec- the elderly, the poor, and people diagnosed values, conservative political views, ‘‘Hoosier ognize the extraordinary work of several jour- with chronic illness. These populations are not common sense,’’ a Judeo-Christian worldview, nalists with the Queens Courier, a weekly only most vulnerable to adverse health condi- and integrity. newspaper in New York City, who wrote a tions as a result of climate change, they also Madam Speaker, no one will ever fill Sen- four-part series on day laborers titled ‘‘Ghost lack the resources to mitigate the impact of ator David Ford’s shoes, but Indiana will be Workers.’’ these conditions on their daily lives. well served by Senator Travis Holdman.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K10AP8.016 E10APPT1 ccoleman on PRODPC75 with REMARKS E580 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 RPF CFTC Whereas, Greg Avery showed hard work IN HONOR OF JEANETTE LAN- and dedication to the sport of basketball; and CASTER, NATIONAL NURSING HON. RODNEY P. FRELINGHUYSEN Whereas, Greg Avery was a supportive LEADER OF NEW JERSEY team player; and IN THE HOUSE OF REPRESENTATIVES Whereas, Greg Avery always displayed HON. VIRGIL H. GOODE, JR. Thursday, April 10, 2008 sportsmanship on and off of the court; now, OF VIRGINIA Mr. FRELINGHUYSEN. Madam Speaker, therefore, be it IN THE HOUSE OF REPRESENTATIVES today I am introducing legislation that provides Resolved, that along with his friends, family, Thursday, April 10, 2008 an important extension of the Commodity Ex- and the residents of the 18th Congressional Mr. GOODE. Madam Speaker, Jeanette change Act of 1934. This legislation focuses District, I congratulate Greg Avery on winning Lancaster, PhD, RN, FAAN, Sadie Heath on energy transactions that perform a ‘‘signifi- the Boys’ Division I State Basketball Cham- Cabaniss Professor of Nursing and Dean of cant price discovery function.’’ The legislation pionship. We recognize the tremendous hard the University of Virginia School of Nursing, also addresses fraud and retail transactions in work and sportsmanship he has demonstrated will soon step down as Dean after an extraor- foreign exchange markets. It gives the Com- during the 2007–2008 basketball season. dinary 19 years of service in that role. It is not modities Futures Trading Commission broader only for her status as one of the longest authority to prosecute fraud in other commod- f tenured deans in the University’s modern his- ities such as heating oil. tory that she is known by her peers as the Americans have lost confidence in our en- HONORING AARON HARTFIEL ‘‘Dean of Deans.’’ ergy markets—particularly in the futures mar- During her deanship, the UVA School of ket. I have spoken with many constituents who Nursing national rankings rose by at least ten are skeptical about the price of gasoline and HON. SAM GRAVES points to now stand at 19th in the United heating oil prices. Many consumers strongly OF MISSOURI States; among the country’s top five percent of suspect these prices are being manipulated. nursing schools. U.S. News & World Report Over the past year, we have seen historical IN THE HOUSE OF REPRESENTATIVES ranks two of the School’s master’s programs increases in the prices of gasoline and heating Thursday, April 10, 2008 in their Top Ten and two others in the top oil. Our colleagues in the Senate have done twenty. Dr. Lancaster has expanded the significant analysis on this issue, and their Mr. GRAVES. Madam Speaker, I proudly School’s enrollment by 28 percent and findings have been supported by reports pub- pause to recognize Aaron Michael Hartfiel of projects additional increases to help meet the lished by the GAO and in the fall of last year. Lee’s Summit, Missouri. Aaron is a very spe- At the end of last year, Triple-A, AAA pre- cial young man who has exemplified the finest country’s current and future health care needs. dicted that these spring months would see a qualities of citizenship and leadership by tak- She has been an avid supporter of ROTC and decrease in oil and gas prices between the ing an active part in the Boy Scouts of Amer- military nursing enrollment. busy winter and summer travel seasons. Yet, ica, Troop 1312, and earning the most pres- Under her visionary leadership, the UVA prices remain around all-time highs, despite tigious award of Eagle Scout. School of Nursing has been in the vanguard relatively constant inventory levels. launching innovative programs to meet the Aaron has been very active with his troop, more complex and technical needs for nurses Residents of New Jersey and throughout participating in many Scout activities. Over the the country have struggled with heating bills, in today’s health care environment and to ad- many years Aaron has been involved with dress the current and growing shortage of well businesses are having difficulty with their elec- Scouting, he has not only earned numerous tricity and transportation costs and this situa- educated nursing clinicians and faculty. merit badges, but also the respect of his fam- Dr. Lancaster, holder of the first endowed tion does not appear to be improving. ily, peers, and community. To fix this situation requires complex an- nursing professorship in the United States, swers, but it is becoming patently clear that Madam Speaker, I proudly ask you to join has been recognized with the first endowed speculation in the unregulated exempt com- me in commending Aaron Michael Hartfiel for professorship named for a female dean at the modities market is working to increase energy his accomplishments with the Boy Scouts of University of Virginia (1999). She has been prices. America and for his efforts put forth in achiev- honored as both the first nursing dean and the Providing transparency to these dark mar- ing the highest distinction of Eagle Scout. first woman to be invited in her own right to kets is long overdue. Today, I ask that all of live in one of Thomas Jefferson’s Pavilions on my colleagues will support this legislation, f the historic UVA Lawn. Her innovative efforts which is very closely aligned with a Senate to improve gender imbalance at the University Amendment to the Farm bill, which had bipar- PERSONAL EXPLANATION of Virginia to give women a more equal role in tisan support and was passed by a voice vote. decision-making are well acknowledged. Quoting the Energy Market Oversight Coali- In foreseeing and navigating the sea tion, ‘‘To restore public confidence, all energy HON. MARK UDALL changes now occurring in the nursing profes- markets must be fair, orderly, and transparent OF COLORADO sion, Jeanette Lancaster has been a national so the prices paid by consumers reflect the IN THE HOUSE OF REPRESENTATIVES leader. She also is recognized internationally true supply and demand.’’ as an authority in community health nursing, In order for our futures markets to work, and Thursday, April 10, 2008 nursing education and public policy. As presi- our financial system as a whole, there is a Mr. UDALL of Colorado. Madam Speaker, dent of the American Association of Colleges pressing need for transparency. The CFTC ex- on Wednesday I was unavoidably detained of Nursing (AACN), she has testified before ists for a specific reason and the work they do and unable to reach the House floor in time the U.S. Congress to advocate for support of is vital to the operations of our economy. How- for two rollcall votes. nursing education. The AACN is a national or- ever, it cannot accomplish its mission if there ganization that sets standards, recommends If I had been present, I would have voted as are markets that it cannot monitor. curricula and advocates for nursing bacca- follows: This legislation addresses this troubling gap laureate and higher degree education to im- in the law and will ensure the solvency of our Rollcall No. 165—on adoption of H. Res. prove patient outcomes. financial system and energy markets. 1084, Providing for consideration of the bill Her peers have elected her as a Fellow in f H.R. 2016, to establish the National Land- the prestigious American Academy of Nursing scape Conservation System, and for other A PROCLAMATION HONORING and National Academies of Practice. She has purposes—I would have voted, ‘‘yes.’’ GREG AVERY FOR WINNING THE held numerous national leadership positions in BOYS’ DIVISION I STATE BAS- Rollcall No. 166—on passage of H. Res. professional associations and been honored KETBALL CHAMPIONSHIP 1077, Calling on the Government of the Peo- nationally with multiple awards and honorary ple’s Republic of China to end its crackdown degrees. Recently, she served on the Com- HON. ZACHARY T. SPACE in Tibet and to enter into a substantive dia- monwealth of Virginia’s statewide Healthcare logue with His Holiness the Dalai Lama to find Workforce Task Force and has long been an OF OHIO a negotiated solution that respects the distinc- effective advocate for greater Commonwealth IN THE HOUSE OF REPRESENTATIVES tive language, culture, religious identity, and support for nursing education. Thursday, April 10, 2008 fundamental freedom of all Tibetans—I would We hereby commend Jeanette Lancaster for Mr. SPACE. Madam Speaker: have voted, ‘‘yes.’’ her outstanding career as Dean, her effective

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.028 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E581 and visionary leadership combined with com- last ten years by targeting poor Americans most hurt by the group’s power. Self-Help mitment and dedication to improve health care with high interest rate loans? If you were the and the CRL are redefining hypocrisy and for the people of the United States and for her Center for Responsible Lending, you would creating a new term: ‘‘predatory charity.’’ call that organization a ‘‘predatory lender.’’ ability to inspire others to excellence. REDEFINING PREDATORY LENDING: WHEN YOU However, this is a description that fits ‘‘Self- MAKE ASSUMPTIONS f Help,’’ CRL’s network of non-profits. From elaborate assumptions to dubious CRL is the research and advocacy arm of a omissions, the ‘‘studies’’ released by the Cen- PREDATORY LENDING large and financially powerful web of organi- ter for Responsible Lending have all the indi- zations under the umbrella of the Center for cations of advocacy-driven research. CRL’s Community Self-Help. This matrix includes HON. TOM FEENEY studies make frequent methodological as- the Self-Help Ventures Fund (the largest OF FLORIDA loan-making body), the Self-Help Develop- sumptions that artificially inflate their find- IN THE HOUSE OF REPRESENTATIVES ment Corporation, the Self-Help Services ings. It is clear that their reports are written with a pre-determined conclusion in mind. Thursday, April 10, 2008 Corporation (which pays salaries and many expenses for network staff), and the Self FEDERAL RESERVE RESEARCH SINKS Mr. FEENEY. Madam Speaker, I would like Help Credit Union. According to tax returns, ‘‘FINANCIAL QUICKSAND’’ to call to the attention of my colleagues and the Self-Help network (except its credit CRL has raised its public profile by attack- other readers of the RECORD the article from union) increased its assets by nearly 36 per- ing the practice of ‘‘predatory lending.’’ Its Consumer Rights League, which is reprinted cent—from $181 million to 245 million—be- media presence is largely in response to its below. tween 2002 and 2004. According to the Na- 2006 report, ‘‘Financial Quicksand.’’ Unfortu- tional Credit Union Administration, the nately, CRL has built its argument on a PREDATORY CHARITY: THE SELF-INTERESTED Self-Help Credit Union reported $292,143,058 foundation of sand that erodes economic op- SELF-HELP OF THE CENTER FOR RESPON- in assets as of November 2007. portunity for the very low-income consumers SIBLE LENDING Questions have arisen as to whether this it purports to protect. EXECUTIVE SUMMARY largess has benefited the working poor or if If anything, ‘‘Financial Quicksand’’ sinks The term ‘‘predatory lending’’ seems to the group’s leaders have simply been helping from its own assumptions. The report is best have appeared out of thin air in recent years. themselves. Critics scoff at Self-Help’s 2004 characterized as a series of arbitrary defini- In reality, the prevalence of the term—and decision to spend a whopping $23 million to tions. It uses non-nationally representative the accompanying public panic—owes much buy a high-rise building in downtown Wash- estimates, derived from a serious of unjusti- to a sophisticated public relations campaign ington, D.C. for its operations. Perhaps more fied assumptions, to argue that payday lend- carried out by the increasingly high-profile troubling, one report examining tax returns ers ‘‘cost’’ Americans $4.2 billion dollars Center for Responsible Lending (CRL). for the Self-Help Credit Union assets found: each year. Although the report claims to As the most visible face of the half-billion ‘‘The financial reports of the Self-Help Cred- offer a national perspective on the payday dollar team of ‘‘Self-Help’’ non-profit organi- it Union reveal that throughout the 1990s lending industry, it samples data from only zations, CRL attacks competing loan prod- Self-Help made loans to its officials and sen- four states for its central findings. ucts. Under the guise of advocating in the in- ior executives averaging $30,000 to $40,000, a Consider some of the report’s problems: terests of its low-income customers, Self- practice permitted by Self-Help’s conflict-of- ‘‘Financial Quicksand’’ makes 18 separate as- Help makes loans at highly profitable rates interest policy. In June 2002, one official re- sumptions, many of which would be chari- and uncharitably takes those low-income ceived a loan for about $1.2 million, and tax tably described as questionable, and rely on customers to court over trivial monetary forms show that in March 2004 another offi- another 53 ‘‘estimates’’ to reach their con- sums. Worse, CRL’s advocacy has worked to cial received a large loan, bringing the total clusions. the disadvantage of low-income borrowers. borrowed by only two unnamed Self-Help of- Crucially, the report hinges on the critical This report utilizes documents in the pub- ficials to more than $2.7 million. Without ex- (and flawed) assumption that anyone who lic record to demonstrate: CRL’s advocacy planation, those loans disappeared from the takes out five or more loans in a year is like- agenda—built on pseudoscience that relies Credit Union’s financial report in December ly flipping their loans back-to-back-to-back. on arbitrary and opaque definitions and un- 2004.’’ However, 22 states prohibit ‘‘flipping’’ loans reliable estimates and assumptions—has Self-Help’s credit union provides ample and many more limit rollovers—a fact ig- harmed consumers, according to recent Fed- conflicts of interest with CRL’s attacks on nored by the report. eral Reserve research; CRL’s troubling alli- other lenders. In November 2007, researchers The report also suggests that payday loans ances—a spokesman who pled guilty to fel- from the Federal Reserve examined the ef- ‘‘cost Americans’’ billions of dollars and ar- ony larceny, an employee who engaged in fects of payday loan bans, including the gues that banning them could ‘‘save’’ bil- eavesdropping, and a multi-million-dollar North Carolina law successfully pushed by lions more. In economics, a ‘‘cost’’ typically grant from a wealthy Wall Street investor CRL. The researchers concluded that payday occurs when capital is eliminated from the with a stake in the outcome of CRL’s lob- lending was actually preferable to the fees economy. For instance, unnecessary ineffi- bying activities; the Self-Help network at- credit unions—like those operated by Self- ciency in a manufacturing process could be tacks other lenders for allegedly using prac- Help—charge its low-income consumers: seen as a ‘‘cost to Americans.’’ However, fi- tices that it employs—taking in charitable ‘‘Payday loans are widely condemned as a nancial services, including those offered by grants and low-interest government loans ‘‘predatory debt trap.’’ We test that claim by payday loans operators, do just the opposite. while charging its customers uncharitably researching how households in Georgia and They generate capital for the economy and high rates and prosecuting low-income cus- North Carolina have fared since those states for each individual loan-taker. tomers for amounts as low as $96; the Self- banned payday loans in May 2004 and Decem- Claiming that payday lending bans ‘‘save’’ Help network has combined its advantageous ber 2005. Compared with households in all money is equally dubious. Not only does the loan rates and aggressive legal attacks to other states, households in Georgia have industry itself generate capital for a state’s build a powerful organization with net assets bounced more checks, complained more to economy and tax revenue for the govern- of a quarter-billion dollars and approxi- the Federal Trade Commission about lenders ment, but payday loans, like any other loan, mately $12 million in annual profit from its and debt collectors, and filed for Chapter 7 allow individuals to generate more capital largest loan-making body; the Self-Help net- bankruptcy protection at a higher rate. for themselves on the aggregate. By banning work seems to encourage its customers to North Carolina households have fared about payday lending, states don’t ‘‘save.’’ Instead, assume high amounts of debt, Its delin- the same. This negative correlation—reduced they experience a cost through lost tax rev- quency loan rate is almost 7 times the rate payday credit supply, increased credit prob- enue and lost capital opportunities. at comparable credit unions. Its customers lems—contradicts the debt trap critique of Statistical research released from the Fed- carry loan balances over 3 times the rate of payday lending, but is consistent with the eral Reserve suggests CRL’s lobbying efforts those institutions. hypothesis that payday credit is preferable against payday lending have been misguided Many consumer advocates work with fi- to substitutes such as the bounced-check at best. In December 2007, the Associated nancial institutions to meet community ‘‘protection’’ sold by credit unions and banks Press reported that, ‘‘A ban on payday loans needs. Yet the public record shows CRL and or loans from pawnshops.’’ may be leading to greater financial burdens its financial web do more harm than good. These findings raise serious doubt as to the for low-income residents of two Southern This report examines CRL’s record and con- social value of CRL’s advocacy and the qual- states, according to a researcher at the Fed- cludes that public officials, policymakers, ity of its research. eral Reserve Bank of New York.’’ Indeed, the Federal Reserve report specifi- and the media should be skeptical about the Further questions have focused on the cally cited CRL’s ‘‘research’’ against payday group’s complaints, while non-profit donors group’s drive for political influence. CRL has lending and its estimate that a ban would and government bodies need to re-examine publicly signed a letter with the radical ‘‘save’’ Georgians $154 million. It concluded the charitable loan rates they provide to group ACORN. It has received significant fi- that CRL’s research was both flawed and CRL’s web of financial organizations. nancial support from George Soros’s Open Society Instiute and tens of millions from costly to low-income consumers: ‘‘Georgians AN INTRODUCTION TO SELF-INTEREST the left-leaning Ford Foundation. and North Carolinians do not seem better off What do you call an organization that has Indeed, it will be the very low-income con- since their states outlawed payday credit: made more than $190 million in profit in the sumers extolled in CRL’s rhetoric that are they have bounced more checks, complained

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.030 E10APPT1 ccoleman on PRODPC75 with REMARKS E582 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 more about lenders and debt collectors, and By lumping loan refinancing and home be far better borrowers than most of the rest have filed for Chapter 7 (‘no asset’) bank- sales during distressed periods into its of us.’’ ruptcy at a higher rate.’’ ‘‘failed’’ mortgages category, CRL more than That may not be the whole story. The data ‘‘The increase in bounced checks rep- doubles the supposed costs of the subprime from the National Credit Union Association, resents a potentially huge transfer from de- mortgage industry. which oversees Self-Help Credit Union, positors to banks and credit unions. Banning DEFINING PREDATORY CHARITY paints a startling picture. As of September payday loans did not save Georgian house- The Center for Responsible Lending pri- 2007, Self-Help’s ratio of delinquent loans to holds $154 million per year, as the CRL pro- marily attracts media attention through its loans issued was 598 percent higher than its jected, it cost them millions per year in re- attacks on financial institutions that serve peer credit unions. Ignoring CRL’s critique turned check fees.’’ low-income and high-risk consumers. CRL that payday lenders and subprime mortgage THE RACE CARD AND CRL frequently complains about interest rates lenders are too aggressive with amounts In its report ‘‘Race Matters,’’ CRL strongly and loan terms offered by traditional and they offer customers, Self-Help Credit implies that payday lending stores target community financial service providers. The Union’s customers carry an average loan bal- minority neighborhoods in North Carolina. group lobbies for laws that ban certain loan ance of $40,733—more than 200 percent higher The authors report that minority neighbor- types and allow borrowers to change the than at comparable institutions. hoods have three times as many payday terms of active loans. The surprising reality, When loans terms are not met, Self-Help lending stores as non-minority neighbor- though, is that CRL’s family of financial in- gets aggressive. Records show that Self-Help hoods. But CRL fails to adequately account stitutions appear more interested in helping organizations have taken foreclosure or evic- for other important factors that predict the themselves than assisting the poor. tion steps against its low-income customers existence of payday lending stores, such as a for as little as $62,332 in 2005 and $50,768 BUYING LOW, SELLING HIGH neighborhood’s mean income. While the au- against another in 2002. And despite CRL’s thors recognize this significant shortcoming, As ostensible charities, Self-Help organiza- public advocacy on behalf of small bor- they still report the uncontrolled result. tions receive support in the form of grants rowers, Self-Help’s record includes lawsuits The researchers also conducted a multi- from non-profit foundations and subsidized against countless small-dollar borrowers, in- variate analysis to control for income, home government loans at preferential interest cluding suits for as little as $96. rates. ownership, and other factors. Their analysis The Self-Help organizations based in North Self-Help pays typically between zero and found that ‘‘the highest 20 percent of Afri- Carolina have taken legal action against four percent interest on the loans it obtains, can-American neighborhoods had 4.1 times as local Southern favorites, including: a fried many of which come from government-sup- many storefronts per capita compared to the chicken store in 2001; a BBQ joint in 1997; a ported entities. The Ventures Fund took in lowest 20 percent.’’ That said, an examina- NASCAR collectibles company in 2002. more than $2.5 million in loans from the tion of their methodology reveals an odd, Perhaps more troubling, Self-Help has and likely highly significant statistical deci- Small Business Administration’s Microloan Program, with rates ranging from 2.5 percent hauled local charitable organizations into sion. Rather than look at all census tracts court, including: the Appleton Academy in and include racial and ethnic breakdown in to 4.5 percent. It also accepted more than $3.9 million from the U.S. Department of Ag- 2000; the Creative Learning Center in 2003; their regression, CRL’s researchers created the Calvary Christian Church in 1993; Joyful ‘‘dummy variables’’ for neighborhoods based riculture’s Intermediary Relending Program, which carries a one percent interest rate. On Noise Daycare in 1998; an eviction of Oz Land on the percentage of minorities that lived in Child Care Center in 2003; the Non Profit them. They then compared the neighbor- top of that, the Center for Community Self- Help has carried a zero percent loan from the Consulting & Training Center in 2004 for only hoods with the highest concentration of mi- $956. norities to those with the lowest. state of North Carolina for years. This methodology is problematic because a But Self-Help charges interest far above STRANGE (AND CRIMINAL) BEDFELLOWS neighborhood’s racial or ethnic breakdown is the charitable rates at which it borrows. In September 2007, the Center for Respon- not a black and white issue. By artificially In 1998, the last year it reported interest sible Lending arranged news events that pitting the few neighborhoods with the high- rates on its publicly disclosed federal tax sought to damage payday loan companies by est minority concentrations against those form, the Self Help Venture Fund reported providing former industry employees who al- with the lowest, they were able to generate that their average interest rate was more leged negative business practices by their a dubious rhetorical point. than 10 percent. For reference, that is ap- former employers. The gambit paid off: sev- Indeed, these major flaws led Wesleyan proximately three percentage points higher eral news stories ran with headlines poten- University economics professor Thomas Leh- than the average home mortgage rate in tially damaging to the industry. Yet the man to say CRL’s report ‘‘contains severe 1998, according to HSH Associates Financial credibility of CRL’s witness Michael Dono- weakness and presents conclusions that are Publishers. That adds up to a nearly 40 per- van, a former employee of leading payday overstated at best, and misleading at worst.’’ cent premium over the average rate. The loan company Check ‘N Go remains clouded He added, ‘‘It must also be recognized that Ventures Fund made other loans at interest in doubt. rates as high as 13 percent. the overall tone of the study suggests a lack A lawsuit filed by Check ‘N Go’s parent Since 1997, the Venture Fund has made of objectivity perhaps motivated by an ideo- company alleges Donovan and CRL conspired more than $190 million dollars in profit. It logical bias against the payday lending in- to defraud the firm and that Donovan lied has made as much as $36 million—and no less dustry, which may explain why (the authors) about his criminal record. The suit alleges: than $13 million—annually since then. Dur- appear to overstate their case given the Donovan provided a fake Social Security ing the same period, the fund turned over weakness of their research.’’ number to gain employment at Check ‘N Go; $468 million in revenue. If the Venture Fund FAILURE TO LOSE GROUND when asked about the problematic Social Se- were officially a for-profit entity, its profit curity number, Donovan provided a forged In ‘‘Losing Ground,’’ CRL’s report on margin would be a staggering 40 percent—far Social Security Administration document to subprime mortgage foreclosures, the organi- higher than the margins of the lenders Self- gain employment; Donovan illegally pro- zation again produced a report warning of Help and CRL attack. catastrophic consequences based on an arbi- vided confidential company information to trary definition. HAULING CUSTOMERS INTO COURT (AND KICKING CRL; Donovan allowed CRL to eavesdrop on In the report, CRL researchers claim that THEM OUT ON THE STREET) a trade association conference call. 25 percent of subprime mortgages ‘‘fail’’ Lien proceedings and foreclosures are not According to the suit, Donovan’s criminal within five years. This is a critical distinc- just the target of CRL’s rhetoric—they are record includes an April 2000 guilty plea in tion because the entirety of the report is the standard operating procedure for CRL’s Arlington, Virginia to four counts of forgery, based on the number of failed mortgages— ‘‘Self-Help’’ organizations. Despite their de- three counts of larceny, and one count of at- not the number of foreclosed mortgages. nunciations of other lenders, the Self-Help tempted larceny. While subprime mortgages have faced sig- network takes action against its low-income Donovan was sentenced to four years in nificant problems, they have fallen predict- consumers through lawsuits and foreclosure jail but served only eight months, according ably short of CRL’s dire predictions. That is proceedings. to the suit. Perhaps most shocking was that understandable given how CRL defines a Like the lenders it attacks, Self-Help seeks at the time he applied for the job at Check ‘‘failed’’ loan. judicial recourse when borrowers do not ’N Go, Donovan was again reportedly facing In fact, their own report admits that only repay them. But in 2000, Self-Help founder felony charges of grand larceny. 11 percent of subprime mortgages will be Martin Eakes told PBS that they were better foreclosed within five years. The remaining able to gauge how low-income individuals DID CRL SELL OUT TO PRIVATE EQUITY? 14 percent are loans prepaid during distress, would repay loans: ‘‘[W]e went for ten years, Monetary acrobatics by high-flying, high- such as refinancing or selling a property. But we have had our first loss of a home loan of finance figures can be complex and con- the latter category suggests a wide variety $10,000 in a total of $120 million of lending di- fusing. Yet CRL mortgaged its name for a $15 of equally beneficial or negative outcomes. rectly and indirectly we have made, to most- million infusion from a billionaire hedge For instance, under CRL’s definition, a loan ly minority, single moms. We had our first fund manager who profited from the declin- refinanced for a lower interest rate would $10,000 this past year. So, whatever people ing value of mortgage-backed securities, qualify as a failure. But this in no way indi- believe, the truth is, if someone has a chance caused by borrowers who have difficulty pay- cates a ‘‘failed’’ attempt at home ownership. to get a toehold and own a home, they will ing their mortgages.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.034 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E583 CRL has dubbed much of subprime lend- position to benefit themselves, it is an act of Area District Library as they celebrate their ing—loans to high-risk candidates with low betrayal. The public record demonstrates 10th anniversary. May others know of my high credit ratings—as ‘‘predatory’’ despite little clearly that the Center for Responsible Lend- regard for the tradition and strength this orga- evidence to support such claims. Yet the ing and its Self-Help network fit this profile. group is lobbying to change existing laws to CRL’s research is agenda-driven. Its advo- nization represents. allow high-risk borrowers to adjust the cacy has cost consumers more than it has terms of their mortgages. This would benefit ‘‘saved’’ them, according to Federal Reserve f those making a financial gamble on future research. It relies on race-based claims to trouble in subprime mortgages. generate media interest. And it takes money PERSONAL EXPLANATION On October 12, 2007 Business Week pub- from self-interested Wall Street billionaires lished an unusual report on the apparent phi- who profit from the mortgage crisis so as- lanthropy of a billionaire hedge fund inves- tutely hyped by CRL. HON. JOHN T. SALAZAR tor who gave a multi-million-dollar grant to Self-Help takes in money at low rates and OF COLORADO charges generous mark-ups to its low-income CRL. But there was more to the story: ‘‘A $20 IN THE HOUSE OF REPRESENTATIVES billion hedge fund may have hit on a unique consumers. Federal records show Self-Help’s investment strategy for playing the credit union allows its borrowers a much Thursday, April 10, 2008 subprime mortgage bust: fund a consumer- higher average loan rate compared to similar protection group. Paulson & Co., which has organizations, a critique at odds with CRL’s Mr. SALAZAR. Madam Speaker, last night seen its assets under management soar this attacks on lenders who extend too much the House voted on a motion to instruct the year through fortuitous bets in the subprime money to those who may have trouble repay- House conferees on H.R. 2419, the Food and market, has given $15 million to the Center ing their loan. Finally, Self-Help loses its Energy Security Act of 2007. I was unavoid- charitable image when it takes legal action for Responsible Lending, a Washington non- ably detained and was unable to be here for profit that has been lobbying on Capitol Hill against its low-income customers. There is a name for such groups: predatory the vote. Had I been present, I would have for passage of bankruptcy legislation.’’ charity. voted ‘‘aye’’ on the motion. ‘‘Paulson, run by former Bear Stearns (BSC) investment banker John Paulson, f f stands to rake in a windfall if the measure RECOGNIZING THE CAPITAL AREA passes. The key bill, introduced last month, would allow federal judges to restructure DISTRICT LIBRARY ON THE OC- 187TH ANNIVERSARY OF GREEK mortgage terms and lower payments on the CASION OF ITS TENTH ANNIVER- INDEPENDENCE primary homes of borrowers in bankruptcy, SARY a significant legal change. The process, HON. JOE COURTNEY known as a ‘‘cram-down’’ in industry jargon, HON. MIKE ROGERS OF CONNECTICUT is opposed by investment banks that trade in OF MICHIGAN mortgage-backed securities.’’ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES According to CRL and Paulson, the dona- tion was not to be used for lobbying, but the Thursday, April 10, 2008 Thursday, April 10, 2008 Washington, D.C.-based Politico noted that Mr. ROGERS of Michigan. Madam Speaker, Mr. COURTNEY. Madam Speaker, on CRL is ‘‘a key supporter of pending legisla- It is my special privilege to honor the Capital tion that would allow homeowners to reduce March 25, 2008, we celebrated the 187th an- mortgage payments on their homes by de- Area District Library as they celebrate their niversary of Greek independence. I join with claring Chapter 13 bankruptcy.’’ Enactment 10th anniversary. I congratulate the Capital millions of Greek Americans in Connecticut of CRL-supported bankruptcy legislation Area District Library community on behalf of and across the country in marking the anniver- would further erode the value of mortgage- all those who have benefited from their dedi- sary of the successful rebellion of the Greek backed securities, which would increase the cation and commitment to serving the mem- people against the Ottoman Empire. value of Paulson’s holdings. bers of the community. This anniversary offers us an opportunity to The subprime gamble is a big business op- The Capital Area District Library has an im- reflect on the long standing bonds between portunity for Paulson, whose firm, according pressive history of community service and in- to Bloomberg financial news: ‘‘. . . made big volvement since being formed in 1998, Greece and the United States. Our Founding bets predicting the edifice would soon come through an agreement between Ingham Coun- Fathers drew from the ideals of ancient crashing down. The wager paid off in the ty and the city of Lansing, MI. Sensing most Greece, whose leaders wrote about the ideas first nine months of 2007, when Paulson’s of a republic. Thomas Jefferson called ancient Credit Opportunities funds rose an average of of Ingham County, the Capital Area District Li- brary operates 13 libraries and it bookmobile, Greece the ‘‘light which led ourselves out of 340 percent.’’ Gothic darkness.’’ In turn, Greek patriot ‘‘That gain earned Paulson an estimated which stops throughout the county. Each li- $1.14 billion in performance fees for the nine brary location provides residents with access Adamantios Koraes in 1823 collaborated with months ended on Sept. 28.’’ to all materials and services offered by Capital Jefferson on the construction of a new con- A spokesman for traditional financial in- Area District Library. For the past 10 years. stitution for Greece, drawing on the tenets of stitutions added, ‘‘When they start pushing the Capital Area District Library has been able America’s groundbreaking democracy. for legislation to make more money, they’re to grow and adapt to the changing needs of Following the Greek War of Independence. lining their own pockets with people’s Greeks came to study at American universities homes, that’s a little sticky.’’ the community. It has shown remarkable There is little evidence to suggest that progress in serving the citizens of Lansing and at the urging of missionaries. But the real Paulson’s donation represents merely a one- the residents of Ingham County. surge in Greek immigration came later in the time payment to CRL. It seems likely that The Capital Area District Library is com- 19th century, when newly arrived Greek Amer- the original $15 million donation was part of mitted to the values of a democratic society. icans provided a catalyst for our Nation’s eco- a multi-year campaign to profit off of Amer- They aim to provide access to ideas and infor- nomic growth, working in textile mills and on ican consumers’ mortgage woes. mation that support continuous learning and railroads across New England and in busi- The press release announcing the first do- enhance the quality of life of citizens. They nesses across America. The Greeks who had nation disclosed that Paulson ‘‘said he hopes provided inspiration for our democracy, now that his firm’s donation is just the beginning reach these goals through community-based ...’’ Indeed, as of July 2007, Paulson specifi- services, excellence in patron service and directly delivered their commitment to family cally stated that his investment horizon was technology that links its libraries to the world and hard work to form strong communities in two to three years, saying of his subprime of information. Their blend of a classic library New York, Boston, Chicago, Detroit, Hartford, bet: ‘‘The performance of these pools will not decor, with new up-to-date technology, en- and across eastern Connecticut to add to the be decided over one month or two months. sures uniqueness and utility. As part of their fabric of our American society. Today, over 3 They will be decided over the next three mission to provide assess to useful informa- million Americans claim Greek heritage, the years. Our investment (commitment is not tion, the Capital Area District Library offers an descendants of the fathers and mothers of de- based on) looking at what these bonds trade mocracy. at today or tomorrow, but what the losses in interactive website that is dedicated to assist these pools will be two or three years from the public with questions and keep them in- As we recognize this important anniversary now.’’ formed about their community. I am confident of Greek independence, I join in delivering the CONCLUSION that the Capital Area District Library will con- best wishes and congratulations from the America’s working poor and low-income tinue to flourish and enhance the Ingham American people to the people of Greece. We individuals often benefit from well-inten- County area for years to come. celebrate the historic ties between our two na- tioned advocates. But when those who claim Therefore, Madam Speaker, I ask our col- tions, and the legacy of democracy we have to speak on behalf of the vulnerable use their leagues to join me in honoring the Capital together shared with the world.

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.037 E10APPT1 ccoleman on PRODPC75 with REMARKS E584 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 A PROCLAMATION HONORING This lifelong public servant will be remem- Freedom. In honoring Staff Sergeant Gamboa, DANE KOPP FOR WINNING THE bered for her rise from poverty, her fighting we are reminded of the ultimate sacrifice that BOYS’ DIVISION I STATE BAS- spirit, and her great accomplishments, includ- so many young people in our Nation have KETBALL CHAMPIONSHIP ing her political victories. Among these made for our freedom. achievements, Carson led Congress to pass a Staff Sergeant Gamboa’s dedication to serv- HON. ZACHARY T. SPACE measure awarding Rosa Parks the Congres- ing our Nation and defending our freedom will OF OHIO sional Gold Medal, and she also cosponsored be forever remembered. He now joins the IN THE HOUSE OF REPRESENTATIVES with Senator RICHARD LUGAR legislation to re- brotherhood of heroes, a long line of soldiers, move bureaucratic bottlenecks on child health sailors, airmen, marines and coast guardsmen Thursday, April 10, 2008 insurance. who have put their country before themselves Mr. SPACE. Madam Speaker: Carson was the first African American to and who have lost their lives in combat. We Whereas, Dane Kopp showed hard work represent the 7th District and the second Afri- owe a debt of gratitude to these men and and dedication to the sport of basketball; and can-American woman elected to Congress women that can never truly be repaid. Whereas, Dane Kopp was a supportive from Indiana, after the late representative Staff Sergeant Gamboa was a loving hus- team player; and Katie Hall. Congresswoman Carson’s memory band, father, son, and brother. He was a dedi- Whereas, Dane Kopp always displayed and legacy will live on through her grandson cated family man who adored his family and sportsmanship on and off of the court; now, ANDRE CARSON, now representing the 7th would do anything for them. He joined the therefore, be it Congressional District of Indiana. Army to provide a good life for his children Resolved, that along with his friends, family, Mr. Speaker, it is my privilege to have and out of a sense of duty to his country. He and the residents of the 18th Congressional known Congresswoman Carson and this dedi- is also remembered by his fellow soldiers as District, I congratulate Dane Kopp on winning cation to her is a tangible reminder to the Indi- a wonderful friend who had a great sense of the Boys’ Division I State Basketball Cham- ana community of her legacy and political suc- humor and who loved to sing. pionship. We recognize the tremendous hard cess. I join our Guam community in mourning and work and sportsmanship he has demonstrated f in prayer for Staff Sergeant Gamboa. I offer during the 2007–2008 basketball season. my condolences to his wife Michelle, their chil- f THE NEED FOR THE PASSAGE OF dren Krystianna Mychailla, Austin Joseph, AN EXTENSION OF THE R&D TAX HONORING RODNEY AMES Ashton Joseph, Savannah Joelle, Avery Jo- CREDIT seph, and Isabella Jomia, his parents Fran- HON. SAM GRAVES cisco and Cecilia Gamboa, his brothers, sis- HON. MICHAEL T. McCAUL ters, and extended family and friends. OF MISSOURI OF TEXAS God bless the Gamboa family, God bless IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES our men and women in uniform, God bless Thursday, April 10, 2008 Guam, and God bless our country, the United Thursday, April 10, 2008 Mr. GRAVES. Madam Speaker, I proudly States of America. pause to recognize Rodney Alexander Ames Mr. MCCAUL of Texas. Madam Speaker, I f of Liberty, Missouri. Rodney is a very special rise to bring attention to the need for this Con- HONORING ARENAC COUNTY, young man who has exemplified the finest gress to act to reauthorize the expired Re- MICHIGAN ON ITS 125TH ANNI- qualities of citizenship and leadership by tak- search and Development Tax Credit. The fail- VERSARY ing an active part in the Boy Scouts of Amer- ure of Congress to extend this credit before ica, Troop 1134, and earning the most pres- the end of last year has created an uncertain tigious award of Eagle Scout. environment for American companies that HON. BART STUPAK Rodney has been very active with his troop, have used this provision in the past to fund OF MICHIGAN participating in many Scout activities. Over the the research needed to maintain our economic IN THE HOUSE OF REPRESENTATIVES advantage in the global market. many years Rodney has been involved with Thursday, April 10, 2008 Scouting, he has not only earned numerous A good example of how this impacts real merit badges, but also the respect of his fam- companies is Applied Materials. This company Mr. STUPAK. Madam Speaker, I rise to rec- ily, peers, and community. in my district invests over $1 billion in re- ognize Arenac County, Michigan on its 125th Madam Speaker, I proudly ask you to join search per year. Without this tax credit, they anniversary. On Friday, April 11th, I will be in me in commending Rodney Alexander Ames expect their tax burden to increase by nearly Omer, Michigan to join local leaders and resi- for his accomplishments with the Boy Scouts $10 million. Although this is a small percent- dents of the county at Arenac County’s of America and for his efforts put forth in age of that $1 billion investment, that amount quasquicentennial kickoff celebration. achieving the highest distinction of Eagle helps employ a lot of people in my district. Located at the bottom of Saginaw Bay on Scout. Again, I ask that Congress take action to re- Lake Huron, the area we now know as Arenac County was recognized more than 500 years f store this important tax credit and not to jeop- ardize American jobs and economic competi- ago as an ideal place for settlement by Native JULIA M. CARSON POST OFFICE tiveness. Americans. The Rifle and AuGres Rivers BUILDING f made excellent fishing and canoeing routes for the Ottawa Indians and eventually early Euro- SPEECH OF HONORING THE LIFE OF JOSEPH pean settlers. It is these rivers and other HON. BOBBY L. RUSH D. GAMBOA abundant natural resources that have sus- OF ILLINOIS tained the area these many years. IN THE HOUSE OF REPRESENTATIVES HON. MADELEINE Z. BORDALLO Arenac County is rich in Native American history because of its abundance of hard chert Wednesday, April 9, 2008 OF GUAM IN THE HOUSE OF REPRESENTATIVES and flint for arrowheads. Later, it was also an Mr. RUSH. Mr. Speaker, I rise to pay tribute ideal location for European settlers. Most early to a great American, a colleague and most im- Thursday, April 10, 2008 settlers came from Canada, starting with the portantly, a friend. Julia Carson made a career Ms. BORDALLO. Madam Speaker, I rise Scottish and English, and later people of of serving the public and was a tireless fighter today to honor the life of a fallen Guam son, French descent. Later came Germans, fol- for the working men and women of Indiana. United States Army SSG Joseph D. Gamboa, lowed by Polish, Slavic and Balkan natives. Representative Carson worked her way up to 34, from the village of Malesso. Staff Sergeant The county traces much of its 125-year his- become a prominent member of Congress and Gamboa was assigned to B Company, Ist tory to its logging roots. Michigan’s logging in- achieved extraordinary goals by overcoming a Squadron, 2nd Stryker Cavalry Regiment, in dustry developed around Michigan’s white difficult childhood and beating the odds. Vilseck, Germany, and was killed in the line of pine and hardwoods and the county was at Though I am unable to physically vote on this duty on March 25, 2008, in Baghdad, Iraq, in the heart of it. In addition to abundant forest bill, I am honored and humbled to support the support of Operation Iraqi Freedom. Staff Ser- lands, Arenac County was ideally situated as dedication of the ‘‘Mapleton Annex Post Of- geant Gamboa is the 25th serviceman from a conduit to the lake for shipping lumber. The fice,’’ in Indianapolis, IN, to Representative Micronesia to lose his life in support of Oper- county also was the location of a 19th century Carson. ation Enduring Freedom and Operation Iraqi summer resort hotel, to which guests arrived

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K10AP8.003 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E585 by ship. Its history was gradually reshaped EXPRESSING APPRECIATION FOR service to the 8th District, express my grati- due to the disastrous wildfires that eventually JOE HILL’S SERVICE AND tude for his long friendship and congratulate destroyed the logging business in the area. FRIENDSHIP him as he enters a new phase of his public Once part of Bay and Saginaw counties, service. Arenac County was founded in 1883, during HON. JOHN S. TANNER Michigan’s post-Civil War lumber boom. In ad- OF TENNESSEE f dition to lumbering, other early industries in- IN THE HOUSE OF REPRESENTATIVES cluded shingle mills, farming, commercial fish- A PROCLAMATION HONORING Thursday, April 10, 2008 ing and brick and tile manufacturing. Michi- MITCHEL KILDAY FOR WINNING gan’s first coal mine shaft was dug in Arenac Mr. TANNER. Madam Speaker, I rise today THE BOYS’ DIVISION I STATE County, and although it was never productive to recognize Joe H. Hill, one of my oldest and BASKETBALL CHAMPIONSHIP because of an inability to remove excess dearest friends, a man whose 35 years of water, the shaft remains there today. service to the 8th Congressional District of HON. ZACHARY T. SPACE The Rifle and AuGres Rivers continue to be Tennessee has had a lasting impact on our OF OHIO area that will be felt for generations to come. favorite canoeing spots and provide ample op- IN THE HOUSE OF REPRESENTATIVES portunity for local fishermen. Arenac County’s Joe is retiring from Congressional service as forests are favorite spots for hunting deer and the longest-serving district staff member in Thursday, April 10, 2008 small game. These areas, along with about 50 Tennessee history and has begun a new op- Mr. SPACE. Madam Speaker: miles of Lake Huron shoreline, fuel the area’s portunity to continue his public service as a Whereas, Mitchel Kilday showed hard work recreation and tourism economy. member of the Tennessee Board of Probation and dedication to the sport of basketball; and As the residents of Arenac County celebrate and Parole. Whereas, Mitchel Kilday was a supportive Joe is originally from Henry County, Ten- their 125-year history, I am honored to join team player; and nessee, and attended Bethel College in them in commemorating this milestone. Whereas, Mitchel Kilday always displayed McKenzie, Tennessee. After that, he served Madam Speaker, I ask that you and the entire sportsmanship on and off of the court; now, four years as Project Director for the North- U.S. House of Representatives please join me therefore, be it west Tennessee Development District and, in in honoring Arenac County, Michigan on its Resolved, that along with his friends, family, 1973, came to work on the district staff of my 125th anniversary. and the residents of the 18th Congressional predecessor, the late Congressman Ed Jones, District, I congratulate Mitchel Kilday on win- f Joe worked as a field representative and then ning the Boys’ Division I State Basketball district director for Congressman Jones until Championship. We recognize the tremendous HONORING THE 80TH ANNIVER- his retirement in 1989. I was fortunate both to hard work and sportsmanship he has dem- SARY OF THE BOY SCOUTS OF have the honor of succeeding Congressman onstrated during the 2007–2008 basketball AMERICA TROOP 343 Jones in this chamber and to have Joe Hill re- season. main on the 8th District staff as District Direc- HON. JEB HENSARLING tor. f OF TEXAS Over the 35 years Joe has served the 8th IN THE HOUSE OF REPRESENTATIVES District, he worked very closely with an out- HONORING GARRETT HAVENS Thursday, April 10, 2008 standing district staff that has helped thou- sands of Tennesseans who reach out for as- Mr. HENSARLING. Madam Speaker, today I sistance with Social Security, Medicare and HON. SAM GRAVES rise to recognize Boy Scouts of America Troop veterans’ benefits. He has played an important OF MISSOURI 343 and their sponsor, First United Methodist role in the economic development of our area, IN THE HOUSE OF REPRESENTATIVES Church of Athens, as they celebrate their 80th working directly with every community in our Thursday, April 10, 2008 anniversary. district to upgrade the public infrastructure that Founded in 1928, Boy Scout Troop 3 began rural towns like ours need to improve quality Mr. GRAVES. Madam Speaker, I proudly in Athens, Texas and, later became Troop of life and create jobs. pause to recognize Garrett Clair Havens of 343. Over the past 12 months alone, Troop Joe has also been very active with local and Liberty, Missouri. Garrett is a very special 343 has provided nearly 2,000 hours of com- state politics, having worked with practically young man who has exemplified the finest munity service on projects such as: collecting every Democratic candidate in our area over qualities of citizenship and leadership by tak- food for the Athens food pantry, picking up the past 35 years. I have appreciated his guid- ing an active part in the Boy Scouts of Amer- trash, and performing several flag retirement ance over the years and know that countless ica, Troop 2418, and earning the most pres- services and flag ceremonies. In addition, the other elected leaders have also depended on tigious award of Eagle Scout. Troop has partnered in service projects with his keen political sense in working with the Garrett has been very active with his troop, the Henderson County Historical Society, Hen- public in West and Middle Tennessee. Among participating in many scout activities. Over the derson County Center for the Performing Arts, the candidates Joe advised are Vice President many years Garrett has been involved with and First United Methodist Church of Athens. Al Gore and Governors Phil Bredesen and scouting, he has not only earned numerous This Troop has not only remained devoted Ned McWherter. merit badges, but also the respect of his fam- to preserving the ideals of Boy Scouts of Joe and I have never worked as employer ily, peers, and community. America, they have done so with excellence. and employee but have instead maintained a Madam Speaker, I proudly ask you to join Seventy-four members from this Troop have working relationship more closely resembling a me in commending Garrett Clair Havens for achieved the rank of Eagle, Scouting’s highest partnership and friendship. Betty Ann and I his accomplishments with the Boy Scouts of honor. enjoy the time we get to spend with Joe and America and for his efforts put forth in achiev- I also want to recognize Tommy Faulk, vol- his wife Susan and their children, Adam and ing the highest distinction of Eagle Scout. unteer and former Boy Scout, for his integral his wife Niketa, Judith and Travis. Fortunately, role in providing a new facility for the Scouts Joe is not going too far, and I know our fami- f of Troop 343. lies will have many more opportunities to PERSONAL EXPLANATION In addition to teaching outdoor skills, Scout- spend time together in the future. ing also includes leadership training. Today’s Madam Speaker, at the end of the day, Boy Scouts are the leaders of tomorrow. Re- there is one main reason we come to serve in HON. GEORGE MILLER ceiving my Eagle was one of the proudest mo- this body: to help the people we represent. It OF CALIFORNIA ments of my life. The values, ethics, and mo- is with the assistance of such exceptional staff IN THE HOUSE OF REPRESENTATIVES rality boys learn through Scouting are critical members as Joe Hill that we are able to Thursday, April 10, 2008 not only for themselves, but to this nation as achieve those goals. There are thousands of well. West and Middle Tennesseans whose lives Mr. GEORGE MILLER of California. Madam Madam Speaker, on behalf of the Fifth Dis- have been touched by Joe’s dedication to im- Speaker, on Wednesday, April 9, I was un- trict of Texas, I am honored to recognize proving our area. avoidably detained and was unable to be Troop 343 for their longstanding devotion to I ask you and our colleagues to join me as present for rollcall vote No. 166. Had I been service, leadership, and citizenship. I thank Joe for three-and-a-half decades of present, I would have voted ‘‘yea.’’

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A10AP8.045 E10APPT1 ccoleman on PRODPC75 with REMARKS E586 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 PERSONAL EXPLANATION CONGRATULATING THE REICHER sity of Wisconsin-Extension Conference Cen- CATHOLIC HIGH SCHOOL FOOT- ters (ECC). Three conference centers, located HON. SUE WILKINS MYRICK BALL TEAM ON THEIR STATE on the UW-Madison campus, host tens of CHAMPIONSHIP VICTORY thousands of visitors each year. The centers OF NORTH CAROLINA provide meeting spaces, distance education, IN THE HOUSE OF REPRESENTATIVES HON. CHET EDWARDS telecommunications technologies, catering, Thursday, April 10, 2008 OF TEXAS overnight lodging, and conference planning Mrs. MYRICK. Madam Speaker, I was un- IN THE HOUSE OF REPRESENTATIVES services to the UW System, state agencies, and other governmental and educational orga- able to participate in the following votes. If I Thursday, April 10, 2008 had been present, I would have voted as fol- nizations. Mr. EDWARDS. Madam Speaker, I rise lows: Dedicated on April 11, 1958 as the Wis- today to congratulate the Reicher Catholic April 9, 2008: Rollcall vote 175, on motion to consin Center for Adult Education, the building High School Cougars football team on their 41 instruct the conferees—H.R. 2419, the Farm, that is now known as the Pyle Center was the to 7 victory in the 2007 Texas Association of Nutrition, and Bioenergy Act—I would have first constructed in order to provide a ‘‘roof for Private and Parochial Schools (TAPPS) Divi- voted ‘‘aye.’’ the Wisconsin Idea.’’ The idea embodies the sion III state championship game. Reicher has belief that the benefits of education should not f a long history of outstanding achievement in be confined to the halls and classrooms of the the classroom and on the athletic field, and it university but rather should extend to the IN MEMORIAM: RICHARD EDWARD is a privilege to represent these students, boundaries of the state to improve the lives of GENSER, 1944–2008 teachers, coaches and their families in Con- people across Wisconsin. Early proponents of gress. the Wisconsin Idea, with support from Gov- HON. RAU´ L M. GRIJALVA Winning a state football championship to ernor Robert M. La Follette, Sr., assembled OF ARIZONA cap a successful season is an extraordinary faculty experts and state legislators to bring IN THE HOUSE OF REPRESENTATIVES accomplishment that is a testament to the their vision to life and give Wisconsin national dedication of the student athletes, their coach- Thursday, April 10, 2008 notoriety as a place of innovation and progres- es, and the community as a whole. The sivism. It was in this tradition of the univer- Mr. GRIJALVA. Madam Speaker, distin- Reicher players have demonstrated out- sity’s service to the state that the UW Founda- guished colleagues, I rise today to honor an standing commitment to achieving their goals tion built the first UW-Extension Conference environmental leader whose work and passion through teamwork and personal sacrifice, traits Center. has made the Sonoran Desert truly a better that will serve them well throughout their lives. Today, the Pyle Center is part of an exten- place. Madam Speaker, it is an honor to offer my sion system that extends the boundaries of Richard Edward Genser, known as Rich, sincere congratulations to the Reicher Catholic the university even further than the boundaries Rex, and to many of his good friends as Ge- High School Cougars football team on winning of the state and expresses the central role of ronimo, was born in Newark, New Jersey and the 2007 TAPPS State Football Champion- universities in a global economy. Visitors pe- spent his childhood in South Orange, New ship, and I would like to enter the names of rennially hail from all parts of the world and Jersey. He served in the Air Force during the the players, coaches, principal and trainers in the center continues to be a model for taking . the CONGRESSIONAL RECORD as we celebrate technological, academic, and scientific ad- Rich came to Tucson, Arizona in the late their victory and wish them continued success vancements and making them accessible and 1980s. Although in the real estate business, in the future. relevant to people and institutions everywhere. his passion was preserving natural areas, pro- Thomas Zamudio, Stephen Harrison, Howie To honor ECC’s 50-year legacy as the roof tecting wilderness, and ensuring that develop- Grieve, Justin Dvorsky, Zach Rimlinger, Nick for the Wisconsin Idea, a commemorative pro- ment was directed away from the most sen- Fung, Andrew Mocio, Steve Lindloff, Ben gram will be held at the Pyle Center for the sitive lands. Crenwelge, Kenneth Cluley. University of Wisconsin Board of Regents. Rich was a lifelong member of the Sierra Shadowhawk Saldana, Ross Rasner, Jacob stakeholders, and supporters. Club and served the organization in several Wilson, Nick Castillo, Matt McGinnis, Nick For 50 years of dedication and service to capacities including as chair of its Grand Can- Deaver, Matt Pineda, Jose Luna, Jacob Pet- communities everywhere, I join Wisconsinites yon Chapter as well as its Rincon Group in ter, Joey Bagnasco. from every corner of the state in recognizing southern Arizona. He helped to found the Co- Daniel Vaught, Juan Lizardo, Jonathan UW-Extension Conference Centers for fulfilling alition for Sonoran Desert Protection and was Young, Trent Hughes, Ryan Dunlap Jonathan the promise of the Wisconsin Idea. I wish ev- key in the efforts to Save the Scenic Santa Harper, Austin Wheeler, Brian Horn, Tyler eryone involved many more years of success. Ellis, Charlie Lashua. Ritas from mining threats, a threat that has not f yet been extinguished. Taylor Madden, Austin Simpson, Jonathan Rich was a good friend to many and there Hoxie, Dalton Morgan, Joe Flores, Robert THE WIEN INTERNATIONAL was no one who was more full of life. He Gonzales, Lyndon Auclair, Lance Tepe, Dylan SCHOLARSHIP PROGRAM loved Arizona, he loved the Earth, and he Carmody, Josh Wrzesinski, Hunter Tunmire, loved the Sierra Club and all of his many Justin Dvorsky, Cameron Owen, and Eric Mo- HON. EDWARD J. MARKEY friends there. Rich also loved a good fight (for rales. OF MASSACHUSETTS the environment) and helped with numerous Athletic Director/Head Football Coach: As- IN THE HOUSE OF REPRESENTATIVES efforts, including a successful effort to promote sistant Coaches: Mark Waggoner; John Thursday, April 10, 2008 Pima County’s Sonoran Desert Conservation Armes, Daniel Balderrama, Adam Castillo, Nelson Castro, John Ryan, Steve Smith, Mr. MARKEY. Madam Speaker, Brandeis Plan. University in Waltham, Massachusetts, is cele- Richard Genser passed away on February David Wrzesinski, David Hurtado; Principal: Arlene Jones; and Trainers: Brianna brating a special anniversary this month, April 27, 2008 at the young age of 63. He is sur- 11–13, 2008. vived by his wife, Claire; father, Lester Genser Crenwelge, Erin Lewie, Haley Sebik, Briana Vasquez, and Morgan Welch. It was 50 years ago that Massachusetts (Agnes); son, Jordon Genser; sister, Susan Senators John F. Kennedy and Leverett Bulger; brother, Jon Genser (Annie); step- f Saltonstall and former U.S. Ambassador daughters Carol Bailey Stevens (Eloy), Ashley HONORING THE 50TH ANNIVER- George Kennan joined University leaders to Ronen (Shlomi); four grandchildren, Zaida, SARY OF UNIVERSITY OF WIS- help inaugurate a unique international ex- Blue, Hailey, and Samantha; three nieces, CONSIN-EXTENSION CONFERENCE change program. Laura, Jane, and Courtney, a nephew, Gregg; CENTERS The Wien International Scholarship Pro- several great-nieces and nephews, and his ex- gram, established through a generous gift wife Jill Genser. HON. TAMMY BALDWIN from philanthropists Lawrence and Mae Wien, Rich leaves a legacy that cannot be ade- OF WISCONSIN was designed to further worldwide under- quately expressed in words, and gives all of IN THE HOUSE OF REPRESENTATIVES standing by bringing students from around the us who have known him and worked with him globe to Brandeis to study in an atmosphere inspiration to follow our passion and know that Thursday, April 10, 2008 of cooperative learning. one person can make a difference for the bet- Ms. BALDWIN. Madam Speaker, I rise Looking back over the last half-century, it is ter. today to honor the 50th anniversary of Univer- clear that the program has had an impact on

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.047 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E587 the international community that even its INTRODUCTION OF THE SCHOOLS emergency. I am proud to be taking steps to founders could not have envisioned. Since its EMPOWERED TO RESPOND ACT help schools with their emergency planning, founding with an inaugural class of 30 stu- and I ask my colleagues to join me in sup- dents from 16 countries, the Wien program HON. BOB ETHERIDGE porting the Schools Empowered to Respond has grown in stature and worldwide recogni- OF NORTH CAROLINA Act today. tion. More than 800 students from over 100 IN THE HOUSE OF REPRESENTATIVES f countries have come to Brandeis as Wien Scholars. Thursday, April 10, 2008 TRIBUTE TO MATAYA HULING Through the years, the Wien program has Mr. ETHERIDGE. Madam Speaker, as a produced an impressive array of enlightened member of the House Committee on Home- HON. TOM LATHAM world leaders dedicated to making the world a land Security and the former superintendent of OF IOWA better place. Wien Scholars have held impor- public instruction in North Carolina, I am IN THE HOUSE OF REPRESENTATIVES tant positions at the United Nations, served in pleased today to introduce the Schools Em- Thursday, April 10, 2008 prominent roles in national governments from powered to Respond Act. This bill will put the Japan to to Iceland to the Philippines, federal government to work in partnership with Mr. LATHAM. Madam Speaker I rise today and pursued life-saving medical break- states and local education agencies to support to honor a great achievement by a young throughs. They have also distinguished them- school preparedness planning, training, and American from Garner, Iowa. This Sunday, selves in the arts, business, education, law, equipment needs. April 13, Mataya Huling will be presented with and science. Schools are a vital resource in our commu- The Girl Scout Gold Award. This is the highest I urge all of us, especially at this time of in- nity, and our children spend the majority of achievement possible within the Girl Scouts of creasing ethnic and religious tensions around their daylight hours in our educational institu- the United States of America. the world, to use the fiftieth anniversary of the tions. But schools are often overlooked when According to the Girl Scouts, the Gold Wien program to uphold the legacy of its considering emergency preparedness and first Award project is the culmination of all the work founders by promoting the principles of under- responder needs. Even as teachers, adminis- a girl puts into ‘‘going for the Gold.’’ It is standing, tolerance, and acceptance. trators, and students are working together to something that a girl can be passionate about—in thought, deed, and action. The f make schools a safe place for learning, they can use additional help and guidance to make project is something that fulfills a need within CONGRATULATING MR. GREGORY their planning as effective as possible. a girl’s community (whether local or global), MATTHEW PROSKE When I surveyed principals in my district’s creates change, and hopefully, is something schools in 2006 about emergency response that becomes ongoing. The project is more HON. MICHAEL C. BURGESS planning, I learned that schools were keeping than a good service project—it encompasses OF TEXAS our children safe but, despite the lessons of 9/ organizational, leadership, and networking IN THE HOUSE OF REPRESENTATIVES 11, the federal government was doing little to skills. Thursday, April 10, 2008 improve emergency planning and disaster miti- This award is certainly very prestigious, as last year only 5.4 percent of all eligible Girl Mr. BURGESS. Madam Speaker, I rise gation at schools. I then asked the Govern- ment Accountability Office to survey schools Scouts received the Gold Award. today to congratulate Mr. Gregory Matthew According to the Garner Leader and Signal across the nation. They spoke to school per- Proske, for attaining the impressive rank of newspaper, Mataya’s Gold project was to redo sonnel in Washington State, Iowa, Massachu- Eagle Scout. the Garner-Hayfield High School Drama De- setts, Florida, Ohio, and my own state of Gregory has been involved in the Boy partment prop room. Mataya has been actively North Carolina. Last June, they reported the Scouts of America for the past 11 years. Join- involved in drama programs since her days in same thing I found in the 2nd District: schools ing as a Tiger Cub, he has shown dedication junior high school. She worked 80 hours to or- want to improve their security, but need sup- to the organization, successfully moving up ganize, clean, repair and properly store props, port and guidance to make improvements. the Boy Scout ranks over time. Gregory is a costumes and materials used by the drama proud member of Troop 434 in the Trailblazer The Schools Empowered to Respond Act gives schools this support and guidance. It department. District in North Tarrant County, Texas. Previously Mataya earned the Girl Scout Sil- Gregory went through a rigorous process to takes simple but important steps to make sure ver Award by planning and presenting several receive this honor. A scout must fulfill seven that schools have the help they need to keep bike safety workshops for younger troop mem- main requirements before achieving Eagle sta- our kids safe. State governments and edu- bers and pre-school age children. cation officials know what is best for their tus. He was required to be active in his troop Along with her dedication to Girl Scouts, communities and their students, and this bill for a period of at least six months after he had Mataya is involved in countless other activities supports their work to keep schools safe and achieved the rank of Life Scout and to dem- in her school and community including chorus, secure places to learn. onstrate that he lives by the principles of the band, GAP Teen Council, golf, and has volun- It gives school officials a ‘‘one-stop shop’’ in Scout Oath and Law in his daily life. He teered teaching Sunday Bible School at St. the Department of Homeland Security they earned the expected 21 merit badges needed Paul Lutheran Church. can look to for advice, best practices, and as- to qualify and served in a position of leader- Mataya is a shining example of the dedica- sistance for school security planning. This of- ship in the scouts for at least 6 months. Greg- tion, determination and faith present in today’s fice will coordinate federal initiatives such as ory took part in a Scoutmaster conference, youth and their promise as tomorrow’s lead- the Safe Schools Initiative, Readiness and successfully completed an Eagle Scout board ers. I am proud to represent Mataya and her Emergency Management for Schools, and of review, and provided the Fort Worth com- parents, Mark and Missy, in the United States Safe and Drug Free Schools to ensure that re- munity with a service project. Gregory re- Congress. I know that all of my colleagues will sources get to the schools that need them. worked two planting beds at St. John the join me in not only congratulating Mataya but The bill also ensures that schools are eligible Apostle Catholic School in Fort Worth, Texas also recognizing that maybe one day in the for emergency planning grants from DHS to for his project. not too distant future we will see Congress- improve school security. Given the vital role A student at Nolan High School, Gregory woman Mataya Huling serving in this historic that schools serve in our communities, it en- plans to attend Texas A&M University, where institution. he intends to become a member of the Corps sures that teachers and administrators, school of Cadets. Additionally, Proske aims to serve resource officers, and school emergency plan- f in the Air Force as a fighter pilot. ning officials have a prominent voice in our A PROCLAMATION HONORING Madam Speaker, becoming an Eagle Scout national homeland security response. In short, CHASE HUBER FOR WINNING THE is only the most recent in a string of impres- it empowers school personnel to continue their BOYS’ DIVISION I STATE BAS- sive achievements, and I am confident Greg- good work and to implement their plans for KETBALL CHAMPIONSHIP ory will continue to excel in his future endeav- school security by giving them the guidance ors. I commend Gregory for his penchant for and resources they need to keep our children HON. ZACHARY T. SPACE service, his commitment to the community, safe. OF OHIO and this most remarkable accomplishment. He Given recent events at schools across the IN THE HOUSE OF REPRESENTATIVES is a role model, both to young people and the country, we as a nation simply must invest in entire North Texas area, and I am proud to important priorities like emergency planning to Thursday, April 10, 2008 represent him in the United States Congress. ensure our schools remain prepared for any Mr. SPACE. Madam Speaker:

VerDate Aug 31 2005 05:25 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.051 E10APPT1 ccoleman on PRODPC75 with REMARKS E588 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 Whereas, Chase Huber showed hard work TRIBUTE TO STEVE KICKLIGHTER Antiquities Act of 1906 and each is managed and dedication to the sport of basketball; and according to its enabling authority, as well as Whereas, Chase Huber was a supportive HON. MICHAEL K. SIMPSON other laws applicable to various units or por- team player; and OF IDAHO tions of units, such as the Wilderness Act, IN THE HOUSE OF REPRESENTATIVES Wild and Scenic Rivers Act, or the Federal Whereas, Chase Huber always displayed Land Policy and Management Act of 1976. sportsmanship on and off of the court; now, Thursday, April 10, 2008 The purpose of Secretary Babbitt’s adminis- therefore, be it Mr. SIMPSON. Madam Speaker, I rise today trative action was to erect a framework to tie Resolved, that along with his friends, family, to recognize an amazing Idahoan, Steve each unit of the NLCS together into a larger and the residents of the 18th Congressional Kicklighter, known to his listeners as KeKe conservation system, and the result has been District, I congratulate Chase Huber on win- Luv. In the name of Child Abuse Prevention, to increase the public recognition and under- ning the Boys’ Division I State Basketball KeKe set out to break a world record and stay standing of these special places within the Championship. We recognize the tremendous awake for 175 hours, and I’m proud to say array of public lands under management of hard work and sportsmanship he has dem- KeKe accomplished this enormous goal. the BLM. onstrated during the 2007–2008 basketball KeKe is a disk jockey for Boise radio station The NLCS units include significant natural season. KSAS–103.3 FM. With the support of his sta- resources, including approximately 12 percent tion, KeKe took on the microphone for 7 full of the BLM-managed sage grouse habitat, as days. He only received one 15 minute break f well as important cultural and scientific re- every 8 hours, and he accomplished this feat sources. For example, in Colorado the system TRIBUTE TO CHELSEA DISTRICT without any caffeine. Why did he do this? The includes the Canyons of the Ancients National LIBRARY answer is simple, he wanted to create aware- Monument, which has more than 6,000 ar- ness of child abuse, and, like most people, he cheological sites significant to Native Amer- wants that abuse to end. ican cultures, as well the Gunnison Gorge and HON. TIMOTHY WALBERG Over a year ago, KeKe learned of the death McInnis Canyons National Conservation Areas of 4-year-old Summer Phelps. Her tragic death (the latter of which is named for our former OF MICHIGAN was one of the worst cases of child abuse that colleague, Representative Scott McInnis). IN THE HOUSE OF REPRESENTATIVES the city of Spokane, Washington, has ever These and the other NLCS units provide seen. A once-happy redheaded little girl unique recreational opportunities, and their Thursday, April 10, 2008 moved into her father and step-mother’s status as part of the system has proved valu- home, where she endured unimaginable able not only in terms of their recognition by Mr. WALBERG. Madam Speaker, it is my abuse in the days leading up to her murder. the public but also as it relates to funding for special privilege to recognize the Chelsea Dis- KeKe’s message is simple: it shouldn’t hurt to their management. trict Library on being named the Best Small Li- be a child. The bill makes that status a matter of law. brary in America for 2008 by Library Journal. In honor of Child Abuse Prevention month, At the same time, it specifies that any future It is with great admiration and pride that I con- KeKe took on the challenge to stay awake for additions to the system must be authorized gratulate the Chelsea Library on behalf of all 7 straight days to help raise awareness. separately—as the existing units have been— of those who have benefited from its commit- KSAS–103.3 FM passed out blue ribbons and and that each unit is to be managed in ac- ment to Washtenaw County and dedication to promoted Boise’s non-profit organization, Ida- cordance with all laws applicable to that unit high standards and superior services. ho’s Heart. and in a manner that protects the values for The Chelsea District Library proudly serves Thank you to KeKe Luv, thank you to which the components of the system were 14,000 residents of Chelsea, Michigan and its KSAS–103.3 FM, and thank you to all their designated. surrounding areas by providing accessible, re- fans who offered support. I am so proud of The legislation does not impose any new liable, and up-to-date information and tech- your accomplishment, and I believe because conditions on use of the lands involved, nor nology. Within its impressive renovated facility, of your efforts, the city of Boise and the Nation does it affect existing rights with respect to the library offers an extensive collection of di- are ready to take action to prevent and end those lands, whether those are related to verse research materials including books, peri- child abuse. grazing or other purposes. The Congressional odicals, and videos as well as online and CD– f Budget Office says its enactment will not af- fect BLM’s budget because BLM already has ROM databases. Exceptionally responsive to PROVIDING FOR CONSIDERATION permanent authority to manage the lands in community needs, the Chelsea library boasts OF H.R. 2016, NATIONAL LAND- the system, subject to amounts provided an- abundant success for its targeted outreach SCAPE CONSERVATION SYSTEM nually in appropriations acts, and that enacting programs. ACT H.R. 2016 will not affect direct spending or In its fourth year, the Best Small Library SPEECH OF revenues or the budgets of state, local, or trib- award is presented to libraries that serve pop- al governments. ulations of less than 25,000. The award is co- HON. MARK UDALL The bill is supported by the Bush Adminis- sponsored by the Library Journal, the oldest OF COLORADO tration as well as by many other groups, in- publication covering the library field, along with IN THE HOUSE OF REPRESENTATIVES cluding the Colorado-based Outdoor Industry the Bill and Melinda Gates Foundation, which Wednesday, April 9, 2008 Association as well as the American Hiking seeks to ensure that all people have access to Society, National Council of Churches, Boone a great education and to technology in public Mr. UDALL of Colorado. Mr. Chairman, I am and Crockett Club, National Trust for Historic libraries. a cosponsor of this legislation and I rise in its Preservation, and the National Wildlife Federa- This year’s award for Best Small Library in support. Its sole purpose and effect is to es- tion. tablish the National Landscape Conservation America sent to the Chelsea District Library Mr. Chairman, this is a modest measure but System, NLCS, as a matter of statutory law. for its continued excellence in its field. Today one that deserves enactment, and I urge its The NLCS now includes more than 800 this library stands as the pride of the Chelsea approval by the House. units, including all National Scenic and Historic community, working to educate all local citi- Trails, National Conservation Areas, National zens by providing access to cutting edge re- f Monuments, wilderness areas, Wild and Sce- sources in a welcoming environment. This his- nic Rivers, and wilderness study areas man- TRIBUTE TO ARMER NATHAN toric library continues to serve as a model for aged by the Bureau of Land Management, or BURKART small libraries across Michigan and the nation. BLM. In all, it includes some 26 million acres, Madam Speaker, today I honor the Chelsea or about 10 percent of the land that BLM man- HON. CHRIS VAN HOLLEN District Library for its continued service to the ages. OF MARYLAND Chelsea community. May others know of my As a system it was established in 2000 by IN THE HOUSE OF REPRESENTATIVES high regard for this library’s innovative pro- an administrative action of Secretary of the In- grams and enthusiastic outreach, as well as terior Bruce Babbitt. However, each of its units Thursday, April 10, 2008 my best wishes for the Chelsea Library in the was originally established by Congress or Mr. VAN HOLLEN. Madam Speaker, I rise future. through a Presidential Proclamation under the to honor the life of Army SPC Armer Nathan

VerDate Aug 31 2005 05:38 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K10AP8.001 E10APPT1 ccoleman on PRODPC75 with REMARKS April 10, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E589 Burkart, who died of injuries sustained in ‘‘yea’’ on the following rollcall votes: rollcall years, the TRA has served both the U.S and Baghdad, Iraq, on May 11, 2006. No. 150, rollcall No. 151, and rollcall No. 152. Taiwan extremely well. We have continued our Specialist Burkart was assigned to the 1st f unofficial, but strong ties with Taiwan. Taiwan, Battalion, 71st Cavalry Regiment, 10th Moun- in turn, has become one of the most pros- tain Division, with which he served in Afghani- PERSONAL EXPLANATION perous and democratic countries in Asia. It is stan and Iraq. As a high school student in my hope that as we celebrate the 120-year Derwood, Maryland, Specialist Burkart partici- HON. RANDY NEUGEBAUER history of the Twin Oaks estate, we also cele- pated in ROTC. He attended Lehigh University OF TEXAS brate the 29th anniversary of the Taiwan Rela- on an ROTC scholarship before enlisting with IN THE HOUSE OF REPRESENTATIVES tions Act this April. the United States Army in July 2000. Thursday, April 10, 2008 f Specialist Burkart always dreamed of a ca- reer in the military, following in the footsteps of Mr. NEUGEBAUER. Madam Speaker, on PROVIDING FOR CONSIDERATION his two grandfathers, who were both retired Wednesday, April 9, 2008, I was unexpectedly OF H.R. 2016, NATIONAL LAND- Navy captains. He was a devoted husband to absent from rollcall votes 164, 165, and 166. SCAPE CONSERVATION SYSTEM his wife, Christy, and a fine soldier. Had I been present, I would have voted ACT It is with the utmost gratitude that I recog- ‘‘nay’’ on rollcall vote 164, H. Res. 1084, or- SPEECH OF nize Specialist Burkart’s heroic service to our dering the previous question on H.R. 2016, to Nation. establish the National Landscape Conserva- HON. MARK STEVEN KIRK f tion System, and for other purposes. OF ILLINOIS On rollcall 165, on agreeing to H. Res. IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE AND SERVICE 1084, the Rule for H.R. 2016, to establish the OF U.S. BORDER PATROL AGENT National Landscape Conservation System, Thursday, April 10, 2008 JAROD DITTMAN and for other purposes, I would have voted Mr. KIRK. Mr. Chairman, today I am ‘‘nay.’’ pleased to rise in support of the National HON. DARRELL E. ISSA On rollcall 166, H. Res. 1077, calling on the Landscape Conservation System Act. This bi- OF CALIFORNIA Government of the People’s Republic of China partisan legislation, supported by the National IN THE HOUSE OF REPRESENTATIVES to end its crackdown in Tibet and to enter into Wildlife Federation, EarthJustice, The Nature a substantive dialogue with His Holiness the Conservancy, Sierra Club and more, would of- Thursday, April 10, 2008 Dalai Lama to find a negotiated solution that ficially establish America’s newest conserva- Mr. ISSA. Madam Speaker, I rise today to respects the distinctive language, culture, reli- tion system. With 26 million acres of land remember the life and commemorate the serv- gious identity, and fundamental freedom of all under its jurisdiction, the National Landscape ice of Border Patrol Agent Jarod Dittman, who Tibetans, I would have voted ‘‘yea.’’ Conservation System, NLCS, protects our na- died from injuries sustained while on duty f tion’s crown jewels. Sunday, March 30, 2008. From the Lewis and Clarke National Historic A Border Patrol agent since March 2007, CELEBRATING THE 120TH ANNI- Trail to Nevada’s Red Rock Canyon, this leg- Agent Dittman was assigned to the Brown VERSARY OF THE TWIN OAKS islation works to conserve the fabric of the Field Border Patrol Station in California. Agent ESTATE West. In 2000, the Secretary of the Interior es- Dittman’s life-ending injuries were sustained in tablished the National Landscape Conserva- a vehicle accident while driving in the early HON. SHELLEY BERKLEY tion System to protect the best of the lands morning to his assigned patrol area in Jamul, OF NEVADA and waters managed by the Bureau of Land California. IN THE HOUSE OF REPRESENTATIVES Management. This bill provides statutory rec- Prior to joining the Border Patrol, Agent Thursday, April 10, 2008 ognition of the existing National Landscape Dittman served 6 years in the Pennsylvania Conservation System as well as its permanent National Guard, where he achieved the rank Ms. BERKLEY. Madam Speaker, nearly establishment as a land conservation system of sergeant. While in the National Guard, every longtime Washingtonian knows of a equivalent to that of the National Park Service. Agent Dittman served in Kosovo and was de- beautiful location on Woodley Road, the 18- At no cost to the taxpayer, Congress has the ployed to Louisiana supporting relief oper- acre compound known as the Twin Oaks es- opportunity to protect these lands for millions ations following Hurricane Katrina. tate. It was built in 1888 by Gardiner Greene of Americans for generations to come. Agent Dittman is the 18th U.S. Customs and Hubbard, founder of the National Geographic Nothing in this legislation changes the way Border Patrol agent killed in the line of duty in Society. The estate’s 26-room house in the in which NLCS lands are currently adminis- the San Diego sector. His unfortunate death is early Colonial, Georgian, Revival style and tered, including hunting and recreation man- a reminder of the danger and risks these offi- modeled after a New England frame summer agement. H.R. 2016 adds no land to NCLS, cers face as they work to secure our Nation’s house, is the only remaining example of that nor does it contain any provisions diminishing borders. style in the District of Columbia. private property rights. Following in Theodore Agent Dittman will be remembered for his The estate was rented to the Republic of Roosevelt’s footsteps, I strongly encourage my commitment to his job and country through his China, ROC, Government in 1937 and was colleagues to join me in passing this landmark service in the United States military and the later sold to the ROC Government in 1947. In legislation. U.S. Customs and Border Patrol. May God its heyday, the estate was the official resi- f bring peace to his wife, Paveline, their daugh- dence of 9 ROC ambassadors, who used it to ter, Angela, his parents, brother, sister, grand- entertain senior members of the U.S. Govern- IN RECOGNITION OF MRS. parents, family, friends and colleagues at this ment, U.S. Senators and Congressmen, in- KATHLEEN WILBUR difficult time. cluding future President Gerald Ford, and On behalf of the people of the United other members of the diplomatic corps in HON. MICHAEL N. CASTLE States, we honor and commemorate the life Washington, DC. It began a tradition of hospi- OF DELAWARE and service of Border Patrol Agent Jarod tality and friendship at Twin Oaks that con- IN THE HOUSE OF REPRESENTATIVES Dittman. tinues to this day. Thursday, April 10, 2008 f Twin Oaks was also the place where the ROC’s senior diplomat H. K. Yang negotiated Mr. CASTLE. Madam Speaker, it is with PERSONAL EXPLANATION with the U.S. administration and Members of great pleasure that I rise today to recognize Congress to chart a positive course for future Mrs. Kathleen Wilbur, who is being honored HON. ROBERT E. ANDREWS relations between Taiwan and the United with the renaming of the Range Hill Elemen- OF NEW JERSEY States, after the termination of official ties be- tary School to Kathleen H. Wilbur Elementary IN THE HOUSE OF REPRESENTATIVES tween our two countries in 1978. School. Kathleen was selected for this honor The product and result of Minister H. K. because of her dedication and service to the Thursday, April 10, 2008 Yang’s negotiations was the enactment of the Delaware public school system for the last 48 Mr. ANDREWS. Madam Speaker, I was un- Taiwan Relations Act in April 1979. The TRA years. avoidably detained from voting on April 1, set the framework for unofficial relations be- Kathleen has been instrumental throughout 2008. Had I been present I would have voted tween the U.S. and Taiwan. For the last 29 her years of service to the Delaware public

VerDate Aug 31 2005 05:38 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A10AP8.055 E10APPT1 ccoleman on PRODPC75 with REMARKS E590 CONGRESSIONAL RECORD — Extensions of Remarks April 10, 2008 school system. Through her 20 years of serv- litical rhetoric, I spent two weeks with my con- In fact her son, Herman Baca, is a very promi- ice on the Board of Education in New Castle stituents as I traveled the 10,000 square miles nent Mexican-American activist in San Diego County’s Colonial School District as both the in my district holding town hall meetings. It is County. She was also the proud grandmother Vice-President and President, Kathleen played revealing to me that folks back home wanted of 19 grandchildren, 14 great-grandchildren, an extremely active role in key decisions that to talk with me about health care and energy and 1 great-great grandchild. have affected thousands of students’ lives. costs, but on rare occasion did anyone come In a lasting tribute to Eloisa, her son Her- Kathleen remains active working with the forward to discuss FISA. I can only take away man stated on behalf of family and friends. schools in Delaware, and she continues to vol- from this that they expect us to pass a bill that ‘‘Your children, grandchildren, family and unteer with students with disabilities at the protects their safety and their civil liberties with many friends thank God for granting you 91 John G. Leach School. expediency so we can return to the business years of life, and blessing all of us with your Kathleen was honored by the Delaware of addressing their most immediate concerns. presence and love.’’ School Boards Association throughout her There are those who have said that an Eloisa Carrasco Baca will be truly missed by dedicated years of service, as she served as agreement is on the horizon, and I commend all who were touched by her spirit, her energy a member, chair, and eventually president of our leadership in their efforts to make this and love for life. the association. She also served the associa- happen. I look forward to casting my vote for Descanse en paz. tion as Delaware’s State representative dele- legislation that provides the intelligence com- f gate to the National School Boards Associa- munity with an effective means to conduct sur- tion. Kathleen received the Boardmanship veillance on the enemies of this nation. More- HONORING LANE TECHNICAL HIGH Certificate every year they have ever been over, in this time of uncertainty at home and SCHOOL FOR WINNING THE presented due to her relentless service to the unrest overseas, we cannot confuse our FIRST CHASE URBAN DEBATE Delaware School Boards Association. In 1993, friends with our enemies by failing to protect NATIONAL CHAMPIONSHIP the Delaware School Boards awarded Kath- those who aided the government in seeking leen the Distinguished Service Award for her out terrorist threats after September 11th. The HON. RAHM EMANUEL 33 years of service. The National School final version of this bill must contain legal pro- OF ILLINOIS Boards Association honored her with the Dis- tection for the industries that faithfully an- IN THE HOUSE OF REPRESENTATIVES tinguished Service Award in 1999. swered their country’s call for help in a time of Once again, I would like to acknowledge need. Thursday, April 10, 2008 Mrs. Kathleen Wilbur for her many years of I have great hope that common sense, and Mr. EMANUEL. Madam Speaker, I rise service and numerous contributions to the the needs of our safety and security will pre- today to recognize Lane Technical High State of Delaware. She has been an invalu- vail in this effort, and I look forward to seeing School on their victory at the first Chase able asset to the Delaware public school sys- us pass a bill in the near future. Urban Debate National Championship held in tem and positively impacted the lives of thou- f Chicago last weekend. I want to specifically sands of Delaware students. congratulate Lane Tech students Andrew TRIBUTE TO ELOISA CARRASCO f Hobaugh and Nick Locke for taking first place BACA in the tournament. ADDRESSING SURVEILLANCE Lane Technical High School is the largest LEGISLATION IN AMERICA HON. BOB FILNER public high school in Illinois with a strong tradi- OF CALIFORNIA tion of superior education on Chicago’s north HON. LINCOLN DAVIS IN THE HOUSE OF REPRESENTATIVES side since 1908. Lane Tech offers students a superb college preparatory curriculum, with OF TENNESSEE Thursday, April 10, 2008 IN THE HOUSE OF REPRESENTATIVES particular emphasis placed upon the techno- Mr. FILNER. Madam Speaker and col- logical aspects of a modern education. Lane Thursday, April 10, 2008 leagues, I rise today to honor a great friend Tech holds itself to its mission statement to Mr. LINCOLN DAVIS of Tennessee. Madam and outstanding contributor to the robust life provide all students with a superior academic, Speaker, I rise today to address the issue of and rich culture of my 51st Congressional Dis- technical, and fine arts education that pre- surveillance in our country, and the efforts of trict, Eloisa Carrasco Baca. Eloisa passed pares students for success in their post-sec- this Congress to reform our laws in a way that away on April 2, 2008. ondary endeavors of school, career, commu- protects both our national security and our in- Eloisa was born on May 16. 1916 in the lit- nity and family life. dividual freedoms. tle farming community of Los Lentes, New The debate tournament was hosted by the Over the past several months, competing Mexico. She had one brother Nicolas (de- National Association for Urban Debate legislation from the House and Senate has re- ceased), and was the eldest child of Thomas Leagues, NAUDL, and was held at the North- peatedly come to a vote in an effort to reform and Rosalia (Montoya) Carrasco. In 1941, western University Kellogg School of Manage- existing FISA laws. I have great respect for Eloisa married her husband of 57 years, Nico- ment’s downtown Chicago campus. Com- the men and women working to see this come las Baca. Shortly after marriage, husband Nick peting against 33 other urban debate teams to light, but am dismayed at the unwillingness began serving a very distinguished military from around the country Andrew Hobaugh and of some on both sides of the aisle to seek tour in World War II, and as a Ranger scout Nick Locke took first place after beating Atlan- consensus on this important issue. with the Second Ranger Battalion, scaled the ta’s Grady High School in the final round on For me and my constituents, the issue is cliffs of Pointe du Hoc on the Normandy coast Sunday. clear: that a terrorist threat exists, and we can- of France to destroy enemy hunkers in June According to NAUDL, Urban Debate not deny our intelligence community a nec- of 1944. He also served honorably at the his- Leagues have proven to increase literacy essary tool in the fight against this global toric ‘‘Battle of the Bulge’’ where after being scores by 25 percent and achieve high school threat. To see this done, we must work quickly taken a prisoner of war behind enemy lines, graduation rates of nearly 100 percent. to reach an agreement within the House and he escaped, finished his service to his Coun- Lane Tech is an outstanding educational in- Senate that can become law. The Senate has try, and triumphantly returned back home to stitution in Chicago. Year after year, they con- already passed such a bill, and I again urge his beloved Eloisa. tinue to be committed to improving and edu- my colleagues in the House to consider that Nick and Eloisa moved to California in 1952 cating our youth to secure a promising future. legislation. and resided in National City, California for 53 Madam Speaker, I am proud to stand today I would like to add that these negotiations years. Eloisa led a wonderful life and contrib- to recognize Lane Tech High School and par- reached some of their most heated moments uted fully to her family and community. She ticularly, Andrew Hobaugh and Nick Locke for just as the Congress’s district work period was was the loving mother of 6 children, Tommy, their outstanding performance at the first upon us. Away from Washington’s heated po- George, Jose, Robert, Rosalie, and Herman. Chase Urban Debate National Championship.

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Senate passed H.R. 3221, New Direction for Energy Independence, Na- tional Security, and Consumer Protection act and the Renewable En- ergy and Energy Conservation Tax Act Senate passed H.R. 2739, Consolidated Natural Resources Act of 2008 Senate the Department of the Interior, the Forest Service, Chamber Action and the Department of Energy, to implement further Routine Proceedings, pages S2829–S2954 the Act approving the Covenant to Establish a Com- Measures Introduced: Eleven bills and four resolu- monwealth of the Northern Mariana Islands in Polit- tions were introduced, as follows: S. 2839–2849, S. ical Union with the United States of America, to Res. 510–512, and S. Con. Res. 75. Pages S2944–45 amend the Compact of Free Association Amend- ments Act of 2003, after taking action on the fol- Measures Passed: lowing amendments proposed thereto: New Direction For Energy Independence, Na- Pages S2861–S2919 tional Security, And Consumer Protection Act And Rejected: The Renewable Energy And Energy Conservation By 30 yeas to 63 nays (Vote No. 97), Coburn/ Tax Act: By 84 yeas to 12 nays (Vote No. 96), Sen- McCain Amendment No. 4522, to require the Di- ate passed H.R. 3221, to provide needed housing re- rector of the Office of Management and Budget to form, after taking action on the following amend- determine on an annual basis the quantity of land ments proposed thereto: Pages S2836–61 that is owned by the Federal Government and the Adopted: cost to taxpayers of the ownership of the land. By 88 yeas to 8 nays (Vote No. 95), Ensign Pages S2868–70, S2877 Amendment No. 4419 (to Amendment No. 4387), By 19 yeas to 76 nays (Vote No. 98), Coburn/ to amend the Internal Revenue Code of 1986 to pro- McCain Amendment No. 4521, to require approval vide for the limited continuation of clean energy prior to the assumption of control by the Federal production incentives and incentives to improve en- Government of State property. ergy efficiency in order to prevent a downturn in Pages S2870–72, S2877–78 these sectors that would result from a lapse in the By 27 yeas to 67 nays (Vote No. 99), Coburn/ tax law. Pages S2836–37, S2839 McCain Amendment No. 4520, to ensure that all Dodd/Shelby Amendment No. 4387, in the nature individuals who reside, or own property that is lo- of a substitute. Pages S2836, S2844 cated, in a proposed National Heritage Area are in- Dodd/Shelby Amendment No. 4523, to amend formed of the designation of the National Heritage the title. Pages S2859–61 Area. Pages S2872–74, S2878 Rejected: By 22 yeas to 73 nays (Vote No. 100), Coburn/ By 15 yeas to 79 nays (Vote No. 94), Alexander McCain Amendment No. 4519, to require the trans- Amendment No. 4429 (to Amendment No. 4419), fer of certain finds to be used by the Director of the to provide a longer extension of the renewable en- National Park Service to dispose of assets described ergy production tax credit and to encourage all in the candidate asset disposition list of the National emerging renewable sources of electricity. Park Service. Pages S2874, S2878 Pages S2837–39 Measures Considered: Consolidated Natural Resources Act of 2008: By Highway Technical Corrections—Cloture Mo- 91 yeas to 4 nays (Vote No. 101), Senate passed S. tion: Senate began consideration of the motion to 2739, to authorize certain programs and activities in proceed to consideration of H.R. 1195, to amend the D412

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Safe, Accountable, Flexible, Efficient Transportation Additional Cosponsors: Pages S2945–47 Equity Act: A Legacy for Users to make technical Statements on Introduced Bills/Resolutions: corrections. Pages S2933–34 Pages S2947–51 A motion was entered to close further debate on the motion to proceed to consideration of the bill, Additional Statements: Pages S2940–41 and, in accordance with the provisions of Rule XXII Amendments Submitted: Page S2951 of the Standing Rules of the Senate, and pursuant to Notices of Hearings/Meetings: Pages S2951–52 the unanimous-consent agreement of Thursday, April 10, 2008, a vote on cloture will occur at 5:30 p.m. Authorities for Committees to Meet: Page S2952 on Monday, April 14, 2008. Page S2933 Privileges of the Floor: Page S2952 A unanimous-consent agreement was reached pro- Record Votes: Nine record votes were taken today. viding that Senate resume consideration of the mo- (Total—102) Pages S2839, S2844, S2877–78, S2883, S2933 tion to proceed to consideration of the bill at ap- Adjournment: Senate convened at 9:30 a.m. and proximately 3 p.m., on Monday, April 14, 2008. adjourned at 6:55 p.m., until 2 p.m. on Monday, Page S2954 April 14, 2008. (For Senate’s program, see the re- House Messages: marks of the Acting Majority Leader in today’s Reauthorization of the Traumatic Brain Injury Record on page S2954.) Act: Senate concurred in the amendment of the House of Representatives to S. 793, to provide for Committee Meetings the expansion and improvement of traumatic brain injury programs. Pages S2952–54 (Committees not listed did not meet) San Gabriel Basin Restoration Fund Referral— FEDERAL HOUSING ADMINISTRATION Agreement: A unanimous-consent agreement was reached providing that the Committee on Environ- Committee on Appropriations: Subcommittee on Trans- ment and Public Works be discharged from further portation, Housing and Urban Development, and consideration of H.R. 123, to authorize appropria- Related Agencies concluded a hearing to examine tions for the San Gabriel Basin Restoration Fund, the Federal Housing Administration’s role in ad- and the bill then be referred to the Committee on dressing the housing crisis, after receiving testimony Energy and Natural Resources. Page S2954 from Brian D. Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner, Depart- Nominations Confirmed: Senate confirmed the fol- ment of Housing and Urban Development; and Ken- lowing nominations: neth D. Wade, NeighborWorks America, and David By unanimous vote of 88 yeas (Vote No. EX. G. Kittle, Mortgage Bankers Association, both of 102), Brian Stacy Miller, of Arkansas, to be United Washington, D.C. States District Judge for the Eastern District of Ar- kansas. APPROPRIATIONS: DEPARTMENT OF James Randal Hall, of Georgia, to be United JUSTICE States District Judge for the Southern District of Committee on Appropriations: Subcommittee on Com- Georgia. merce, Justice, Science, and Related Agencies con- Catharina Haynes, of Texas, to be United States cluded a hearing to examine proposed budget esti- Circuit Judge for the Fifth Circuit. mates for fiscal year 2009 for the Department of Jus- Stanley Thomas Anderson, of Tennessee, to be tice, after receiving testimony from Michael B. United States District Judge for the Western Dis- Mukasey, United States Attorney General, Depart- trict of Tennessee. ment of Justice. John A. Mendez, of California, to be United States District Judge for the Eastern District of California. APPROPRIATIONS Pages S2919–33, S2954 Committee on Appropriations: Subcommittee on Energy Messages from the House: Pages S2941–42 and Water Development concluded a hearing to ex- amine proposed budget estimates for fiscal year 2009 Measures Referred: Page S2942 for the Department of the Army, Army Corps of En- Measures Placed on the Calendar: Page S2942 gineers, Bureau of Reclamation, and the Department Enrolled Bills Presented: Page S2942 of the Interior, after receiving testimony from John Paul Woodley, Jr., Assistant Secretary of the Army Executive Communications: Pages S2942–43 for Civil Works, and Lieutenant General Robert Van Executive Reports of Committees: Pages S2943–44 Antwerp, Chief of Engineers, United States Army

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST D414 CONGRESSIONAL RECORD — DAILY DIGEST April 10, 2008 Corps of Engineers, both of the Department of De- Scovel III, Inspector General, Department of Trans- fense; and Kameran Onley, Assistant Deputy Sec- portation; Steven R. Chealander, Member, National retary, and Robert W. Johnson, Commissioner, Transportation Safety Board (NTSB); and Tom United States Bureau of Reclamation, both of the Brantley, Professional Aviation Safety Specialists, Department of the Interior. AFL–CIO, and Basil Barimo, Air Transport Associa- APPROPRIATIONS: DEPARTMENT OF tion of America, Inc., both of Washington, D.C. VETERANS AFFAIRS HAWAII’S AIR SERVICE MARKET Committee on Appropriations: Subcommittee on Mili- Committee on Commerce, Science, and Transportation: tary Construction, Veterans Affairs, and Related Committee concluded a hearing to examine chal- Agencies concluded a hearing to examine proposed lenges facing Hawaii’s air service market, after re- budget estimates for fiscal year 2009 for the Depart- ceiving testimony from Representative Hirono; Mi- ment of Veterans Affairs, after receiving testimony chael W. Reynolds, Acting Assistant Secretary of from James B. Peake, Secretary, Michael J. Kussman, Transportation for Aviation and International Affairs; Under Secretary for Health, Veterans Health Admin- Vincent K. Snowbarger, Deputy Director for Oper- istration, Patrick W. Dunne, Acting Under Secretary ations, Pension Benefit Guaranty Corporation; James for Benefits, Veterans Benefits Administration, Wil- C. May, Air Transport Association of America, Inc., liam F. Tuerk, Under Secretary for Memorial Affairs, Washington, D.C.; and Barry Fukunaga, Office of National Cemetery Administration, Paul J. Hutter, the Governor of Hawaii, David Banmiller, Aloha General Counsel, Robert J. Henke, Assistant Sec- Airlines, and Charles Willis IV, Hawaii Island Air, retary for Management, and Robert T. Howard, As- Inc., all of Honolulu. sistant Secretary for Information and Technology, all of the Department of Veterans Affairs. NOMINATION IRAQ Committee on Environment and Public Works: Com- Committee on Armed Services: Committee concluded a mittee concluded a hearing to examine the nomina- hearing to examine the situation in Iraq, focusing on tion of David R. Hill, of Missouri, to be an Assist- the progress made by the government of Iraq in ant Administrator of the Environmental Protection meeting benchmarks and achieving reconciliation, Agency, after the nominee testified and answered the future United States military presence in Iraq, questions in his own behalf. and the situation in Afghanistan, after receiving tes- IDENTITY THEFT timony from Robert M. Gates, Secretary, and Admi- Committee on Finance: Committee concluded a hearing ral Michael G. Mullen, USA, Chairman, Joint Chiefs to examine identity theft in the administration of of Staff, both of the Department of Defense. the tax system, focusing on e-filing and protecting U.S. CREDIT MARKETS individuals against fraud, after receiving testimony Committee on Banking, Housing, and Urban Affairs: from Douglas Shulman, Commissioner, and Nina E. Committee concluded a hearing to examine credit Olson, National Taxpayer Advocate, both of the In- markets in the United States, focusing on proposals ternal Revenue Service (IRS), and J. Russell George, to mitigate foreclosures and restore liquidity to the Inspector General for Tax Administration, all of the mortgage markets, after receiving testimony from Department of the Treasury; and Rebecca Spencer, Lawrence H. Summers, Harvard University, Cam- Benedict’s Laser Tax Service, Billings, Montana. bridge, Massachusetts; Dean Baker, Center for Eco- IRAQ nomic and Policy Research, Ellen Harnik, Center for Responsible Lending, and Douglas W. Elmendorf, Committee on Foreign Relations: Committee concluded Brookings Institution, all of Washington, D.C.; and a hearing to examine negotiating a long-term rela- Scott Stern, Lenders One, Saint Louis, Missouri. tionship with Iraq, after receiving testimony from David M. Satterfield, Senior Advisor to the Secretary AVIATION SAFETY of State and Coordinator for Iraq, and Joan Committee on Commerce, Science, and Transportation: Sub- Donoghue, Principal Deputy Legal Adviser, both of committee on Aviation Operations, Safety, and Secu- the Department of State; Mary Beth Long, Assistant rity concluded an oversight hearing to examine avia- Secretary of Defense for International Security Af- tion safety, focusing on recent reports and investiga- fairs; Michael J. Matheson, George Washington Uni- tions, after receiving testimony from Nicholas A. versity Law School, and Ruth Wedgwood, Johns Sabatini, Associate Administrator for Safety, and Hopkins University Paul H. Nitze School of Ad- Hank Krakowski, Chief Operating Officer, both of vanced International Studies, both of Washington, the Federal Aviation Administration; Calvin L. D.C.; and Michael J. Glennon, Tufts University

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST April 10, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D415 Fletcher School of Law and Diplomacy, Medford, H.R. 3988, to designate the facility of the United Massachusetts. States Postal Service located at 3701 Altamesa Bou- levard in Fort Worth, Texas, as the ‘‘Master Sergeant BUSINESS MEETING Kenneth N. Mack Post Office Building’’; Committee on Homeland Security and Governmental Af- H.R. 4211, to designate the facility of the United fairs: Committee ordered favorably reported the fol- States Postal Service located at 725 Roanoke Avenue lowing: in Roanoke Rapids, North Carolina, as the ‘‘Judge H.R. 3247, to improve the provision of disaster Richard B. Allsbrook Post Office’’; assistance for Hurricanes Katrina and Rita, with an H.R. 4240 and S. 2673, bills to designate the fa- amendment in the nature of a substitute; cility of the United States Postal Service located at H.R. 3179, to amend title 40, United States 10799 West Alameda Avenue in Lakewood, Colo- Code, to authorize the use of Federal supply sched- rado, as the ‘‘Felix Sparks Post Office Building’’; ules for the acquisition of law enforcement, security, H.R. 5400 and S. 2626, bills to designate the fa- and certain other related items by State and local cility of the United States Postal Service located at governments; 160 East Washington Street in Chagrin Falls, Ohio, S. 2606, to reauthorize the United States Fire Ad- as the ‘‘Sgt. Michael M. Kashkoush Post Office ministration, with an amendment in the nature of a Building’’; substitute; H.R. 3468, to designate the facility of the United S. 789, to prevent abuse of Government credit States Postal Service located at 1704 Weeksville cards, with an amendment in the nature of a sub- Road in Elizabeth City, North Carolina, as the ‘‘Dr. stitute; Clifford Bell Jones, Sr. Post Office’’; S. 2420, to encourage the donation of excess food H.R. 3532, to designate the facility of the United to nonprofit organizations that provide assistance to States Postal Service located at 5815 McLeod Street food-insecure people in the United States in con- in Lula, Georgia, as the ‘‘Private Johnathon Millican tracts entered into by executive agencies for the pro- Lula Post Office’’; vision, service, or sale of food, with an amendment H.R. 4203, to designate the facility of the United in the nature of a substitute; States Postal Service located at 3035 Stone Mountain S. 2291, to enhance citizen access to Government Street in Lithonia, Georgia, as the ‘‘Specialist Jamaal information and services by establishing plain lan- RaShard Addison Post Office Building’’; guage as the standard style of Government docu- H.R. 5135 and S. 2675, bills to designate the fa- ments issued to the public; cility of the United States Postal Service located at H.R. 5551, to amend title 11, District of Colum- 201 West Greenway Street in Derby, Kansas, as the bia Official Code, to implement the increase pro- ‘‘Sergeant Jamie O. Maugans Post Office Building’’; vided under the District of Columbia Appropriations H.R. 3803, to designate the facility of the United Act, 2008, in the amount of funds made available States Postal Service located at 3100 Cashwell Drive for the compensation of attorneys representing indi- in Goldsboro, North Carolina, as the ‘‘John Henry gent defendants in the District of Columbia courts; Wooten, Sr. Post Office Building’’; H. Con. Res. 307, expressing the sense of Con- H.R. 3936, to designate the facility of the United gress that Members’ Congressional papers should be States Postal Service located at 116 Helen Highway properly maintained and encouraging Members to in Cleveland, Georgia, as the ‘‘Sgt. Jason Harkins take all necessary measures to manage and preserve Post Office Building’’; these papers; H.R. 4454, to designate the facility of the United S. Res. 497, expressing the sense of the Senate States Postal Service located at 3050 Hunsinger Lane that public servants should be commended for their in Louisville, Kentucky, as the ‘‘Iraq and Afghani- dedication and continued service to the Nation dur- stan Fallen Military Heroes of Louisville Memorial ing Public Service Recognition Week, May 5 Post Office Building’’, in honor of the servicemen through 11, 2008; and women from Louisville, Kentucky, who died in S. 2534, to designate the facility of the United service during Operation Enduring Freedom and Op- States Postal Service located at 2650 Dr. Martin Lu- eration Iraqi Freedom; ther King Jr. Street, Indianapolis, Indiana, as the H.R. 5220, to designate the facility of the United ‘‘Julia M. Carson Post Office Building’’; States Postal Service located at 3800 SW. 185th Av- H.R. 3720, to designate the facility of the United enue in Beaverton, Oregon, as the ‘‘Major Arthur States Postal Service located at 424 Clay Avenue in Chin Post Office Building’’; Waco, Texas, as the ‘‘Army PFC Juan Alonso H.R. 3196, to designate the facility of the United Covarrubias Post Office Building’’; States Postal Service located at 20 Sussex Street in

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Port Jervis, New York, as the ‘‘E. Arthur Gray Post Members of the Federal Retirement Thrift Invest- Office Building’’; ment Board, after the nominees testified and an- H.R. 4166, to designate the facility of the United swered questions in their own behalf. States Postal Service located at 701 East Copeland Drive in Lebanon, Missouri, as the ‘‘Steve W. Allee CLIMATE CHANGE Carrier Annex’’; Committee on Health, Education, Labor, and Pensions: S. 2725, to designate the facility of the United Committee concluded a hearing to examine climate States Postal Service located at 6892 Main Street in change, focusing on it as a challenge for public Gloucester, Virginia, as the ‘‘Congresswoman Jo Ann health, after receiving testimony from Jonathan Patz, S. Davis Post Office’’; and University of Wisconsin—Madison Center for Sus- The nomination of Harvey E. Johnson, Jr., of Vir- tainability and the Global Environment (SAGE); ginia, to be Deputy Administrator, Federal Emer- Kristie L. Ebi, ESS LLC, Alexandria, Virginia; John gency Management Agency, Department of Home- M. Balbus, Environmental Defense Fund, Wash- land Security. ington, D.C.; and John W. McDonald, Institute for NOMINATIONS Multi-Track Diplomacy, Arlington, Virginia. Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine the INTELLIGENCE nominations of Andrew Saul, of New York, Select Committee on Intelligence: Committee held closed Alejandro Modesto Sanchez, of Florida, who was in- hearings on intelligence matters, receiving testimony troduced by Senators Nelson (FL) and Martinez, and from officials of the intelligence community. Gordon James Whiting, of New York, all to be Committee recessed subject to the call. h House of Representatives H.R. 3965, to extend the Mark-to-Market pro- Chamber Action gram of the Departent of Housing and Urban Devel- Public Bills and Resolutions Introduced: 26 pub- opment, and for other purposes, with an amendment lic bills, H.R. 5755–5780; and 5 resolutions, H. (H. Rept. 110–579). Page H2223 Res. 1097–1101, were introduced. Pages H2223–24 Speaker: Read a letter from the Speaker wherein she Additional Cosponsors: Pages H2224–26 appointed Representative Cuellar to act as Speaker Reports Filed: Reports were filed today as follows: Pro Tempore for today. Page H2167 H.R. 2634, to provide for greater responsibility in Journal: The House agreed to the Speaker’s approval lending and expanded cancellation of debts owed to of the Journal by a yea-and-nay vote of 228 yeas to the United States and the international financial in- 182 nays, with 1 voting ‘‘present’’, Roll No. 178. stitutions by low-income countries, with an amend- Page H2174 ment (H. Rept. 110–575); H.R. 5161, to provide for the establishment of Oath of Office—Twelfth Congressional District Green Transportation Infrastructure Research and of California: Representative-elect Jackie Speier pre- Technology Transfer Centers, with an amendment sented herself in the well of the House and was ad- (H. Rept. 110–576, Pt. 1); ministered the Oath of Office by the Speaker. Ear- H.R. 1777, to amend the Improving America’s lier, the Clerk of the House transmitted a facsimile Schools Act of 1994 to make permanent the favor- copy of a letter from the Honorable Debra Bowen, able treatment of need-based educational aid under Secretary of State for the State of California, indi- antitrust laws (H. Rept. 110–577); cating that, according to the semi-final official can- H.R. 4881, to prohibit the awarding of a contract vass of votes from the Special Election held on April or grant in excess of the simplified acquisition 8, 2008, the Honorable Jackie Speier was elected threshold unless the prospective contractor or grantee Representative to Congress for the Twelfth Congres- certifies in writing to the agency awarding the con- sional District, State of California. Pages H2219–20 tract or grant that the contractor or grantee has no seriously delinquent tax debts, with an amendment (H. Rept. 110–578); and

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST April 10, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D417 Whole Number of the House: The Speaker an- Calendar Wednesday: Agreed by unanimous con- nounced to the House that, in light of the adminis- sent to dispense with the Calendar Wednesday busi- tration of the oath to the gentlewoman from Cali- ness of Wednesday, April 16th. Page H2209 fornia, Ms. Jackie Speier, the whole number of the Reception of Former Members of Congress: House is adjusted to 432. Page H2175 Agreed by unanimous consent that the House will Suspension—Proceedings Resumed: The House meet at 8:30 a.m. on Thursday, April 17th, 2008, agreed to suspend the rules and pass the following for the purpose of receiving in the Chamber former measure which was debated on Wednesday, April Members of Congress, and that the Speaker may de- 9th: clare a recess subject to the call of the Chair for such purpose. Page H2209 Recognizing the fifth anniversary of the Depart- ment of Homeland Security and honoring the De- Senate Message: Message received from the Senate partment’s employees for their extraordinary ef- today appears on page H2219. forts and contributions to protect and secure our Senate Referrals: S. 2739 was held at the desk. Nation: H. Res. 1038, to recognize the fifth anni- Page S2219 versary of the Department of Homeland Security and Quorum Calls—Votes: Four yea-and-nay votes and honoring the Department’s employees for their ex- one recorded vote developed during the proceedings traordinary efforts and contributions to protect and of today and appear on pages H2174, H2175–76, secure our Nation, by a 2⁄3 yea-and-nay vote of 406 H2176–77, H2189–90 and H2206–07. There were yeas to 3 nays, Roll No. 180. Pages H2176–77 no quorum calls Relating to the consideration of the bill (H.R. Adjournment: The House met at 10 a.m. and ad- 5724) to implement the United States-Colombia journed at 6:30 p.m. Trade Promotion Agreement: The House agreed to H. Res. 1092, relating to the consideration of the bill (H.R. 5724) to implement the United States- Committee Meetings Colombia Trade Promotion Agreement, by a yea- and-nay vote of 224 yeas to 195 nays with 1 voting FARM AND FOREIGN AGRICULTURE SERVICES ‘‘present’’, Roll No. 181. Pages H2177–90 Beach Protection Act of 2007: The House began Committee on Appropriations: Subcommittee Agri- consideration of H.R. 2537, to amend the Federal culture, Rural Development, Food and Drug Admin- Water Pollution Control Act relating to beach moni- istration and Related Agencies held a hearing on Farm and Foreign Agriculture Services. Testimony toring. Further proceedings were postponed. was heard from Mark E. Keenum, Under Secretary, Pages H2169–76, H2190–H2207 Farm and Foreign Agricultural Service, USDA. Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee NOAA; EEOC on Transportation and Infrastructure now printed in the bill shall be considered as an original bill for the Committee on Appropriations: Subcommittee on Com- purpose of amendment under the five-minute rule. merce, Justice, Science and Related Agencies held a hearing on NOAA. Testimony was heard from Page H2199 Conrad C. Lautenbacher, Jr., Administrator, NOAA, Accepted: Department of Commerce. Flake amendment (No. 8 printed in the Congres- The Subcommittee also held a hearing on the sional Record of April 9, 2008) that adds a new EEOC. Testimony was heard from Naomi C. Earp, paragraph prohibiting the use of funds for Congres- Chair, EEOC. sional earmarks (by a recorded vote of 263 ayes to 117 noes with 1 voting ‘‘present’’, Roll No. 182). DOE—NUCLEAR ENERGY AND NUCLEAR Pages H2202–07 WASTE H. Res. 1083, the rule providing for consideration Committee on Appropriations: Subcommittee on Energy of the bill, was agreed to by a yea-and-nay vote of and Water Development held a hearing on the De- 224 yeas to 192 nays, Roll No. 179, after agreeing partment of Energy—Nuclear Energy and Nuclear to order the previous question. Pages H2175–76 Waste. Testimony was heard from the following offi- Meeting Hour: Agreed by unanimous consent that cials of the Department of Energy: Dennis R. when the House adjourns today, it adjourn to meet Spurgeon, Assistant Secretary, Nuclear Energy; and at 12:30 p.m. on Monday, April 14th for morning Edward F. Sproat III, Director, Office of Civilian hour debate. Page H2209 Nuclear Waste.

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST D418 CONGRESSIONAL RECORD — DAILY DIGEST April 10, 2008 SBA ARMY ACQUISITION PROGRAMS Committee on Appropriations: Subcommittee on Finan- Committee on Armed Services: Subcommittee on Air and cial Services and General Government held a hearing Land Forces held a hearing on Army acquisition pro- on Small Business Administration. Testimony was grams. Testimony was heard from the following offi- heard from Steven C. Preston, Administrator, SBA cials of the Department of Defense; LTG Stephen M. Speakes, USA, Deputy Chief of Staff, G–8; LTG N. DHS Ross Thompson III, USA, Military Deputy to the Committee on Appropriations: Subcommittee on Home- Assistant Secretary of the Army (Acquisition, Logis- land Security held a hearing on the Secretary of De- tics and Technology), both with the Department of partment of Homeland Security. Testimony was the Army; and Mary Ugone, Office of the Inspector heard from Michael Chertoff, Secretary of Homeland General, Deputy Inspector General, Auditing; and Security. the following officials of the GAO: Paul Francis, Di- rector, Acquisition and Sourcing Management; and GAO Janet St. Laurent, Managing Director, Defense Capa- bilities and Management. Committee on Appropriations: Subcommittee on Legisla- tive Branch held a hearing on the Government Ac- FAMILY MEDICAL LEAVE ACT countability Office. Testimony was heard from the ANNIVERSARY following officials of the GAO: Gene Dodaro, Acting Committee on Education and Labor: Subcommittee on Comptroller General; and Sallyanne Harper, Chief Workplace Protections held a hearing on the 15th Administrative Officer. Anniversary of the Family Medical Leave Act: Achievements and Next Steps. Testimony was heard EUROPEAN COMMAND from Lipnic, Assistant Secretary, Employ- Committee on Appropriations: Subcommittee on Mili- ment Standards, Department of Labor; former Rep- tary Construction, Veterans’ Affairs and Related resentative Pat Schroeder of Colorado; and public Agencies held a hearing on the European Command. witnesses. Testimony was heard from GEN Bantz J. Craddock, REDUCING GREENHOUSE GAS EMISSIONS USA, Commander, U.S. European Command, De- Committee on Energy and Commerce: Subcommittee on partment of Defense. Energy and Air Quality held a hearing entitled ‘‘Strengths and Weaknesses of Regulating Green- STATE, FOREIGN OPERATIONS, AND house Gas Emissions Using Existing Clean Air Act RELATED PROGRAMS APPROPRIATIONS Authorities. Testimony was heard from Robert J. Committee on Appropriations: Subcommittee on State, Meyers, Principal Deputy Assistant Administrator, Foreign Operations, and Related Programs held a Office for Air and Radiation, EPA; and public wit- hearing on U.S. Policy and Program in Iraq. Testi- nesses. mony was heard from Ryan Crocker, Ambassador to Iraq, Department of State. HOUSING STABILIZATION AND The Subcommittee also held a hearing U.S. Treas- HOMEOWNERSHIP RETENTION ury International Assistance Programs and on U.S. Committee on Financial Services: Concluded hearings Contributions to International Financial Institutions. entitled ‘‘Using FHA for Housing Stabilization and Testimony was heard from Henry M. Paulson, Jr., Homeownership Retention.’’ Testimony was heard Secretary of the Treasury. from Martin O’Malley, Governor of Maryland; and the following Mayors: Adrian M. Fenty, District of CONTINGENCY CONTRACTING; Columbia; Thomas M. Menino, Boston; and Oscar B. IMPLEMENTING A CALL FOR REFORM Goodman, Las Vegas; and public witnesses. Committee on Armed Services: Held a hearing on Con- WAR POWERS AND THE CONSTITUTION tingency Contracting: Implementing a Call for Ur- Committee on Foreign Affairs: Subcommittee on Inter- gent Reform. Testimony was heard from the fol- national Organizations, Human Rights, and Over- lowing officials of the Department of Defense: John sight held a hearing on War Power for the 21st J. Young, Jr., Under Secretary, Acquisition, Tech- Century: The Constitutional Perspective. Testimony nology, and Logistics; Jeffrey P. Parsons, Executive was heard from public witnesses. Director Army Contracting Command; and Jacques S. Gansler, Chairman, Army Commission on Army CRISIS IN THE ANDES Acquisition and Program Management in Expedi- Committee on Foreign Affairs: Subcommittee on the tionary Operations. Western Hemisphere held a hearing on the Crisis in

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST April 10, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D419 the Andes: The Border Dispute Between Columbia tation held a hearing on Cosco Busan and Marine and , and Implications for the Region. Testi- Casualty Investigation. Testimony was heard from mony was heard from public witnesses. the following officials of the Department of Home- The Subcommittee also held a briefing on this land Security: RADM Brian Salerno, USCG, Assist- subject. The Subcommittee was briefed by Jose ant Commandant, Marine Safety, Security and Stew- Miguel Insulza, Secretary General, OAS. ardship, U.S. Coast Guard; and Anne Richards, In- REAUTHORIZATION AND IMPROVEMENT spector General, Audits. OF DNA INITIATIVES OF THE JUSTICE FOR OLD POST OFFICE BUILDING ALL ACT Committee on Transportation and Infrastructure: Sub- Committee on the Judiciary: Subcommittee on Crime, committee on Economic Development, Public Build- Terrorism, and Homeland Security held a hearing on ings, and Emergency Management held a hearing on the Reauthorization and Improvement of DNA Ini- the Old Post Office Building: The General Services tiatives of the Justice for All Act of 2004. Testi- Administration’s Plans for Future Use. Testimony mony was heard from Representatives Maloney of heard from David Winstead, Commissioner, Public New York; and Reichert; David Hagy, Director, Na- Building Service, GSA. tional Institute of Justice, Office of Justice Pro- grams, Department of Justice; and public witnesses. VETERANS DISABILITY BENEFITS MISCELLANEOUS MEASURES Committee on Veterans Affairs: Subcommittee on Dis- Committee on Natural Resources: Held a hearing on the ability Assistance and Memorial Affairs, hearing on following bills: H.R. 5541, Federal Land Assistance, Veterans Disability Benefits Claims Modernization Management and Enhancement Act; and H.R. 5648, Act of 2008. Testimony was heard from William P. Emergency Wildland Fire Response Act of 2008. Greene, Jr., Chief Judge, U.S. Court of Appeals for Testimony was heard from Representative Dicks; Veterans Claims; Bradley G. Mayes, Director, Com- Janet Napolitano, Governor of Arizona; Jack Ward pensation and Pension Service, Veterans Benefits Ad- Thomas, former Chief, Forest Service, USDA; and ministration, Department of Veterans Affairs; and public witnesses. representatives of veterans organizations. INVESTIGATION OF INTERNET SALES OF EXTENDING UNEMPLOYMENT INSURANCE MILITARY EQUIPMENT Committee on Ways and Means: Subcommittee on In- Committee on Oversight and Government Reform: Sub- come Security and Family Support held a hearing on committee on National Security and Foreign Affairs extending unemployment insurance. Testimony was held a hearing on Investigation into the Sale of Sen- heard from public witnesses. sitive, In-Demand Military Equipment and Supplies on the Internet. Testimony was heard from Gregory BRIEFING—COLOMBIA D. Kutz, Managing Director, Forensic Audits and Permanent Select Committee on Intelligence: Met in execu- Special Investigations, GAO; the following officials tive session to receive a briefing on Colombia. The of the Department of Defense: Charles W. Beardall, Committee was briefed by departmental witnesses. Deputy Inspector General, Investigations; Alan F. Estevez, Principal Assistant Deputy Under Secretary FY 2009 BUDGET—CYBER INITIATIVE (Logistics and Materiel Readiness); and Sarah H. Permanent Select Committee on Intelligence: Met in execu- Finnecum, Director, Supply and Maintenance Direc- tive session to hold a hearing on FY 2009 Budget— torate, U.S. Army G–4 (Logistics); and public wit- Cyber Initiative. Testimony was heard from depart- nesses. mental witnesses. SMALL BUSINESSES AND THE TAX CODE Committee on Small Business: Held a hearing entitled Joint Meetings ‘‘Modernizing the Tax Code: Updating the Internal DISPLACEMENT OF IRAQI CITIZENS Revenue Code to Help Small Businesses Stimulate the Economy.’’ Testimony was heard from public Commission on Security and Cooperation in Europe: Com- witnesses. mission concluded a hearing to examine the Organi- zation for Security and Co-operation in Europe COSCO BUSAN AND MARINE CASUALTY (OSCE) countries and refugees from Iraq, focusing on INVESTIGATION the impact of the displacement of Iraqi citizens on Committee on Transportation and Infrastructure: Sub- Jordan, Syria, , Turkey, and other surrounding committee on Coast Guard and Maritime Transpor- countries in the region, after receiving testimony

VerDate Aug 31 2005 05:13 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D10AP8.REC D10APPT1 bajohnson on PROD1PC77 with DIGEST D420 CONGRESSIONAL RECORD — DAILY DIGEST April 10, 2008 from James Foley, Senior Coordinator for Iraqi Refu- April 16, Subcommittee on Energy and Water Devel- gees, Department of State; Lori Scialabba, Senior Ad- opment, to hold hearings to examine proposed budget es- visor to the Secretary of Homeland Security for Iraqi timates for fiscal year 2009 for the Department of En- Refugees; Michael Gabaudan, United Nations High ergy, 2 p.m., SD–138. Commissioner for Refugees, Washington, D.C.; Noel April 16, Subcommittee on Commerce, Justice, Science, and Related Agencies, to hold hearings to exam- Saleh, Arab Community Center for Economic and ine proposed budget request for fiscal year 2009 for the Social Services (ACCESS), Detroit, Michigan; and Federal Bureau of Investigation, 2 p.m., SD–124. Mayor Anders Lago, Sodertalje, Sweden. April 16, Subcommittee on Financial Services and f General Government, to hold hearings to examine pro- posed budget estimates for fiscal year 2009 for the Inter- NEW PUBLIC LAWS nal Revenue Service, 3 p.m., SD–192. (For last listing of Public Laws, see DAILY DIGEST, p. D341) April 17, Subcommittee on Transportation, Housing H.R. 1593, to reauthorize the grant program for and Urban Development, and Related Agencies, to hold reentry of offenders into the community in the Om- hearings to examine the Federal Aviation Administra- tion’s (FAA) safety and modernization performance, 10 nibus Crime Control and Safe Streets Act of 1968, a.m., SD–138. to improve reentry planning and implementation. April 17, Subcommittee on Military Construction and Signed on April 9, 2008. (Public Law 110–199) Veterans’ Affairs, and Related Agencies, to hold hearings f to examine proposed budget estimates for fiscal year 2009 for Military Construction, 10 a.m., SD–124. COMMITTEE MEETINGS FOR FRIDAY, Committee on Armed Services: April 16, Subcommittee on APRIL 11, 2008 Personnel, to hold hearings to examine the defense au- (Committee meetings are open unless otherwise indicated) thorization request for fiscal year 2009 on military bene- ficiary organizations regarding the quality of life of Ac- Senate tive, Reserve, and retired military personnel and their No meetings/hearings scheduled. members, and the future years defense program, 2:30 p.m., SR–232A. House Committee on Banking, Housing, and Urban Affairs: April No committee meetings are scheduled. 15, to hold hearings to examine U.S. credit markets, fo- cusing on the impact on the cost and availability of stu- f dent loans, 10 a.m., SD–538. CONGRESSIONAL PROGRAM AHEAD April 16, Full Committee, to hold hearings to examine U.S. credit markets, focusing on proposals to mitigate Week of April 14 through April 19, 2008 foreclosures and restore liquidity to the mortgage mar- kets, 10 a.m., SD–538. Senate Chamber April 16, Subcommittee on Housing, Transportation On Monday, at 3 p.m. Senate will resume and Community Development, to hold hearings to exam- consideration of the motion to proceed to ine affordable housing opportunities, focusing on reform- consideration of H.R. 1195, Highway Technical ing the housing voucher program, 2 p.m., SD–538. Corrections, and at approximately 5:30 p.m., vote on Committee on Energy and Natural Resources: April 15, Subcommittee on Public Lands and Forests, to hold hear- the motion to invoke cloture thereon. ings to examine S. 570 and H.R. 1011, bills to designate During the balance of the week, Senate may con- additional National Forest System lands in the State of sider any cleared legislative and executive business. Virginia as wilderness or a wilderness study area, to des- Senate Committees ignate the Kimberling Creek Potential Wilderness Area for eventual incorporation in the Kimberling Creek Wil- (Committee meetings are open unless otherwise indicated) derness, to establish the Seng Mountain and Bear Creek Committee on Appropriations: April 15, Subcommittee on Scenic Areas, to provide for the development of trail Interior, Environment, and Related Agencies, to hold plans for the wilderness areas and scenic areas, S. 758 and hearings to examine proposed budget estimates for fiscal H.R. 1311, bills to direct the Secretary of the Interior to year 2009 for the Department of the Interior, 10 a.m., convey the Alta-Hualapai Site to the city of Las Vegas, SD–124. Nevada, for the development of a cancer treatment facil- April 16, Subcommittee on Defense, to hold hearings ity, S. 1680, to provide for the inclusion of certain non- to examine the Department of Defense medical programs, Federal land in the Izembek National Wildlife Refuge 9:30 a.m., SD–192. and the Alaska Peninsula National Wildlife Refuge in the April 16, Subcommittee on Labor, Health and Human State of Alaska, S. 2109, to designate certain Federal Services, Education, and Related Agencies, to hold hear- lands in Riverside County, California, as wilderness, to ings to examine proposed budget estimates for fiscal year designate certain river segments in Riverside County as 2009 for the Department of Education, focusing on a wild, scenic, or recreational river, to adjust the bound- teacher quality, 9:45 a.m., SD–138. ary of the Santa Rosa and San Jacinto Mountains National

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Monument, S. 2124, to direct the Secretary of Agri- April 16, Full Committee, to hold hearings to examine culture to convey certain land in the Beaverhead- the nominations of Robert J. Callahan, of Virgina, to be Deerlodge National Forest, Montana, to Jefferson County, Ambassador to the Republic of , Heather M. Montana, for use as a cemetery, and S. 2581, to designate Hodges, of Ohio, to be Ambassador to the Republic of as wilderness additional National Forest System lands in , Barbara J. Stephenson, of Florida, to be Am- the Monongahela National Forest in the State of West bassador to the Republic of Panama, Peter E. Cianchette, Virginia, 2:30 p.m., SD–366. of Maine, to be Ambassador to the Republic of Costa April 17, Subcommittee on Water and Power, to hold Rica, Hugo Llorens, of Florida, to be Ambassador to the hearings to examine the United States Bureau of Rec- Republic of , Stephen George McFarland, of lamation, focusing on issues associated with aging water Texas, to be Ambassador to the Republic of , resource infrastructure, 2 p.m., SD–366. all of the Department of State; and Samuel W. Speck, of Committee on Environment and Public Works: April 15, to Ohio, to be a Commissioner on the part of the United hold hearings to examine pharmaceuticals in the nation’s States on the International Joint Commission, United water, focusing on assessing potential risks and actions to States and Canada, 2:30 p.m., SD–419. address this issue, 3 p.m., SD–406. Committee on Health, Education, Labor, and Pensions: April April 16, Subcommittee on Transportation and Infra- 15, to hold hearings to examine ending abuses and im- structure, to hold hearings to examine surface transpor- proving working conditions for tomato workers, 10 a.m., tation and the global economy, 10 a.m., SD–406. SD–430. Committee on Finance: April 15, to hold hearings to ex- Committee on Homeland Security and Governmental Affairs: amine tax reform, focusing on fundamentals for advance- April 15, to hold hearings to examine nuclear terrorism, ment, 10 a.m., SD–215. focusing on confronting the challenges of the day after, April 17, Full Committee, to hold hearings to examine 10 a.m., SD–342. the nominations of David Gustafson, of Virginia, Richard April 15, Full Committee, to contiune hearings to ex- T. Morrison, of Virginia, to be a Judge of the United amine the 2010 Decennial Census, focusing on automa- States Tax Court, and Elizabeth Crewson Paris, of the tion and information technology in order to improve cen- District of Columbia, all to be a Judge of the United sus coverage, accuracy, and efficiency, 3:15 p.m., SD–342. States Tax Court, and Eric M. Thorson, of Virginia, to April 17, Ad Hoc Subcommittee on State, Local, and be Inspector General, and Edwin Eck, of Montana, to be Private Sector Preparedness and Integration, to hold hear- a Member of the Internal Revenue Service Oversight ings to examine fusion centers, focusing on a recent Board, both of the Department of the Treasury, 10 a.m., progress report, 2 p.m., SD–342. SD–215. Committee on Foreign Relations: April 15, to hold hear- Committee on Indian Affairs: April 17, to hold hearings ings to examine protocol Additional to the Geneva Con- to examine the National Indian Gaming Commission, ventions of 12 August 1949, and relating to the Adop- 10:30 a.m., SD–562. tion of an Additional Distinctive Emblem (the ‘‘Geneva Committee on the Judiciary: April 16, to hold hearings to Protocol III’’), adopted at Geneva on December 8, 2005, examine National Security Letters, focusing on the need and signed by the United States on that date; the for greater accountability and oversight, 10 a.m., Amendment to Article 1 of the Convention on Prohibi- SD–226. tions or Restrictions on the Use of Certain Conventional April 16, Subcommittee on Crime and Drugs, to hold Weapons Which May be Deemed to be Excessively Inju- hearings to examine violence and exploitation in the 21st rious or to Have Indiscriminate Effects (the ‘‘CCW century, focusing on solutions for protecting our children, Amendment’’); and the CCW Protocol on Explosive 2 p.m., SD–226. Remnants of War (the ‘‘CCW Protocol V’’) (Treaty Doc. April 17, Full Committee, to hold hearings to examine 109–10), the Hague Convention for the Protection of S. 2533, to enact a safe, fair, and responsible state secrets Cultural Property in the Event of Armed Conflict (the privilege Act, S. 702, to authorize the Attorney General Convention) and, for accession, The Hague Protocol, con- to award grants to State courts to develop and implement cluded on May 14, 1954, and entered into force on Au- State courts interpreter programs, and the nominations of gust 7, 1956 with accompanying report from the Depart- Michael G. McGinn, to be United States Marshal for the ment of State (Treaty Doc. 106–01), and protocols to the District of Minnesota, and Ralph E. Martinez, of Florida, 1980 Convention on Prohibitions or Restrictions on the to be a Member of the Foreign Claims Settlement Com- Use of Certain Conventional Weapons Which May Be mission of the United States, both of the Department of Deemed to Be Excessively Injurious or to Have Indis- Justice, 10 a.m., SD–226. criminate Effects: the amended Protocol on Prohibitions Committee on Small Business and Entrepreneurship: April or Restrictions on the Use of Mines, Booby-Traps and 16, to hold hearings to examine the impact of the credit Other Devices (Protocol II orthe Amended Mines Pro- market on small businesses, 2:30 p.m., SR–428A. tocol); the Protocol on Prohibitions or Restrictions on the Select Committee on Intelligence: April 15, to hold closed Use of Incendiary Weapons (Protocol III orthe Incendiary hearings to examine certain intelligence matters, 2:30 Weapons Protocol); and the Protocol on Blinding Laser p.m., SH–219. Weapons (Protocol IV) (Treaty Doc. 105–01), 2:30 p.m., April 17, Full Committee, to hold closed hearings to SD–419. examine certain intelligence matters, 2:30 p.m., SH–219.

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Special Committee on Aging: April 16, to hold hearings April 15, Subcommittee on Capital Markets, Insurance, to examine caring for the elderly, focusing on how to and Government Sponsored Enterprises, hearing on H.R. support those on the frontline, 3 p.m., SD–562. 5579, Emergency Mortgage Loan Modification Act of 2008, 2 p.m., 2128 Rayburn. House Chamber April 16, Subcommittee on Capital Markets, Insurance, To be announced. and Government Sponsored Enterprises, hearing entitled ‘‘Examining Proposals to Reform Insurance Regulation,’’ House Committees 2 p.m., 2128 Rayburn. Committee on Appropriations, April 14, Subcommittee on April 16, Subcommittee on Housing and Community Defense/Select Intelligence Oversight Panel, executive, on Opportunity, hearing on H.R. 5679, Foreclosure Preven- National Reconnaissance Office and National Geospatial tion and Sound Mortgage Servicing Act of 2008, 10 a.m., Intelligence Agency, 5 p.m., H–140 Capitol. 2128 Rayburn. April 15, Subcommittee on Defense/Select Intelligence April 17, Subcommittee on Financial Institutions and Oversight Panel, executive, on CIA, 10 a.m., H–140 Consumer Credit, hearing on H.R. 5244, Credit Card- Capitol. holders’ Bill of Rights, 10 a.m., 2128 Rayburn. April 15, Subcommittee on Financial Services and Committee on Foreign Affairs, April 17, Subcommittee on General Government, on IRS, 10 a.m., 2220 Rayburn. the Middle East and South Asia and the Subcommittee April 15, Subcommittee on Legislative Branch, on on Terrorism, Nonproliferation, and Trade, joint hearing Capitol Visitor Center, 1:30 p.m., 2359 Rayburn. on Between Feckless and Reckless: U.S. Policy Options to April 15, Subcommittee on Military Construction, Prevent a Nuclear Iran, 1 p.m., 2172 Rayburn. Veterans Affairs, and Related Agencies, on SOUTHCOM, Committee on Homeland Security, April 15, Subcommittee 1:30 p.m., H–143 Capitol. on Transportation Security and Infrastructure Protection, April 16, Subcommittee on Financial Services and hearing entitled ‘‘Moving Beyond the First Five Years: General Government, on SEC, 10 a.m., 2220 Rayburn. How the Transportation Security Administration (TSA) April 16, Subcommittee on Military Construction, will Continue to Enhance Security for all Modes of Trans- Veterans Affairs, and Related Agency Agencies, on Spe- portation,’’ 2 p.m., 311 Cannon. cial Operations Command, 10 a.m., H–143 Capitol. April 16, Subcommittee on Border, Maritime, and Committee on Armed Services, April 15, on Building Part- Global Counterterrorism, hearing entitled ‘‘Moving Be- nership Capacity and Development of the Interagency, yond the First Five Years: Ensuring Successful Implemen- 9:30 a.m., 2118 Rayburn tation of the Western Hemisphere Travel Initiative, 2 April 15, Subcommittee on Oversight and Investiga- p.m., 311 Cannon. tions, hearing on oversight of the Defense Travel System, Committee on House Administration, April 15, hearing on 3 p.m., 2212 Rayburn. April 16, full Committee, on National Industrial Secu- Military and Overseas Voting: Problems and Progress in rity Program: Addressing the Implications of Ensuring the Vote, 11 a.m., 1310 Longworth. Globalization and Foreign Ownership for the Defense In- Committee on the Judiciary, April 15, Subcommittee on dustrial Base, 10 a.m., 2118 Rayburn. Constitution, Civil Rights and Civil Liberties, hearing on April 16, Subcommittee on Land Forces and the Sub- H.R. 3189, National Security Letters Reform Act of committee on Readiness, joint hearing on H. Res. 834, 2007, 1 p.m., 2141 Rayburn. Regarding the readiness decline of the Army, Marine April 16, Subcommittee on Immigration, Citizenship, Corps, National Guard, and Reserves, and the implica- Refugees, Border Security and International Law, over- tions for national security, 2 p.m., 2118 Rayburn sight hearing on the H–2b Program, 2 p.m., 2141 Ray- April 17, Subcommittee on Military Personnel, hearing burn. on Military Resale and Morale, Welfare, and Recreation April 17, Subcommittee on Crime, Terrorism and (MWR) overview, 10 a.m., 2118 Rayburn. Homeland Security, hearing on the following bills: H.R. April 17, Subcommittee on Strategic Forces, hearing 5464, A Child is Missing Alert and Recovery Center Act; on the Fiscal Year 2009 National Defense Authorization H.R. 2352, School Safety Enhancements Act of 2007; and Budget Request for Missile Defense Program, 2 p.m., H.R. 1783, Elder Justice Act, 10 a.m., 2141 Rayburn. 2212 Rayburn. Committee on Natural Resources, April 15, Subcommittee Committee on Education and Labor, April 16, to mark up on National Parks, Forests and Public Lands, oversight H.R. 3185, 401(k) Fair Disclosure for Retirement Secu- hearing on the West-wide Energy Corridor Process: State rity Act of 2007, 10:30 a.m., 2175 Rayburn. and Community Impacts, 10 a.m., 1334 Longworth. Committee on Energy and Commerce, April 15, Sub- April 16, Subcommittee on Fisheries, Wildlife and committee on Telecommunications and the Internet, Oceans, oversight hearing on the implementation of the hearing entitled ‘‘Oversight of the Federal Communica- Illegal, Unregulated and Unreported fishing provisions of tions Commission—the 7–MHz Auction, 9:30 a.m., 2322 the High Seas Driftnet Fishing Moratorium Protection Rayburn. Act and a hearing on H.R. 5741, Shark Conservation Act Committee on Financial Services, April 15, hearing enti- of 2008, 10 a.m., 1324 Longworth. tled ‘‘Financial Literacy and Education: The Effectiveness April 16, Subcommittee on Water and Power, over- of Governmental and Private Sector Initiatives,’’ 10 a.m., sight hearing on Indian Water Rights Settlements, 2 2128 Rayburn. p.m., 1324 Longworth.

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Committee on Oversight and Government Reform, April 15, Committee on Veterans’ Affairs, April 15, hearing on the Subcommittee on Federal Workforce, Postal Service and following bills: H.R. 2818, to amend title 38, United the District of Columbia, to consider pending business, States Code, to provide for the establishment of Epilepsy followed by an oversight hearing on D.C. Water and Centers of Excellence in the Veterans Health Administra- Sewer Authority (DCWASA), 2 p.m., 2154 Rayburn. tion of the Department of Veterans’ Affairs; H.R. 5554, April 15, Subcommittee on Government Management, Veterans’ Substance Use Disorders Prevention and Treat- Organization and Procurement, hearing on New Con- ment Act of 2008; H.R. 5595, Make Our Veterans Smile tracting and Property Bills, 2 p.m., 2247 Rayburn. Act of 2008; expanding Spina Bifida program; and a dis- April 16, full Committee, hearing on Healthcare Asso- cussing authorizing VA to provide mental health treat- ciated Infections: A Preventable Epidemic, 10 a.m., 2154 ment to families, 10 a.m., 334 Cannon. Rayburn. April 16 Subcommittee on Economic Opportunity, April 16, Subcommittee on Information Policy, Census hearing on the following bills: H.R. 4883, To amend the and National Archives, hearing on Electronic Commu- Servicemembers Civil Relief Act to provide for a limita- nications Preservation Act, 2 p.m., 2247 Rayburn. tion on the sale, foreclosure, or seizure of property owned April 16, Subcommittee on National Security and For- by a service member during the one-year period following eign Affairs, to continue hearings on What are the Pros- the servicemember’s period of military service; H.R. pects, What are the Costs?: Oversight Missile Defense, 2 4884, Helping Our Veterans to Keep Their Homes Act p.m., 2154 Rayburn. of 2008; H.R. 4889, Guard and Reserves Are Fighting April 17, full Committee, hearing on U.S. Contract Too Act of 2008; H.R. 4539, Department of Veterans with AEY, Inc., 10 a.m., 2154 Rayburn. Affairs Loan Guaranty Cost Reduction Act of 2007; H.R. April 17, Subcommittee on Domestic Policy, hearing 3646, To direct the Secretary of Veterans’ Affairs and the Secretary of Labor to conduct a joint study on the fields on After the Beef Recall: Exploring Greater Transparency of employment for which the greatest need for employees in the Meat Industry, 1 p.m., 2154 Rayburn. exists in various geographic areas; H.R. 5664, to amend Committee on Rules, April 14, to consider H.R. 2634, title 38, United States Code, to direct the Secretary of Jubilee Act for Responsible Lending and Expanded Debt Veterans Affairs to update at least once every six years the Cancellation of 2007, 5 p.m., H–313 Capitol. plans and specifications for specially adapted housing fur- Committee on Science and Technology, April 15, Sub- nished to veterans by the Secretary; H.R. 3798, National committee on Energy and Environment, hearing on the Guard Employment Protection Act of 2007; H.R. 3681, Department of Energy’s FutureGen Program, 10 a.m., Veterans Benefits Awareness Act of 2007; H.R. 3393, 2318 Rayburn. Reservist Access to Justice Act of 2007; H.R. 3889, To April 16, full Committee, hearing on the National amend title 38, United States Code, to require the Sec- Nanotechnology Initiative Amendments Act of 2008, 10 retary of Veterans Affairs to conduct a longitudinal study a.m., 2318 Rayburn. of the vocational rehabilitation programs administered by Committee on Small Business, April 16, Subcommittee on the Secretary; and H.R. 5684, Veterans Education Im- Contracting and Technology, hearing on the obstacles provement Act of 2008, 1 p.m., 334 Cannon. that small businesses currently face in securing federal Committee on Ways and Means, April 15, Subcommittee contracts, 2 p.m., 1539 Rayburn. on Health, hearing on Health Coverage in America, 10 April 17, full Committee, hearing on Maintaining a.m., 1100 Longworth. Public Lands for Hunting, Fishing, Ranching and small Permanent Select Committee on Intelligence, April 15, exec- Businesses, 10 a.m., 1539 Longworth. utive, hearing on Fiscal Year 2009 Budget—MIP, 1 Committee on Transportation and Infrastructure, April 15, p.m., H–140 Capitol. Subcommittee on Coast Guard and Maritime Transpor- April 16, full Committee, executive, briefing on Fiscal tation, hearing on Fiscal Year Budget: Federal Maritime Year 2009 Budget—HUMINT, 1 p.m., H–140 Capitol. Commission, 10 a.m., 2167 Rayburn. April 16, Subcommittee on Terrorism, Human Intel- April 16, full Committee, hearing on the Clean Water ligence, Analysis, and Counter-Intelligence, executive, Restoration Act of 2007, 11 a.m., 2167 Rayburn. briefing on Hot Spots, 8:45 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, April 14 12 p.m., Monday, April 14

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 3 p.m.), Senate will resume consideration of the motion to proceed to consideration of H.R. 1195, Highway Technical Correc- tions, and at approximately 5:30 p.m. vote on the motion to invoke cloture thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E577 Pence, Mike, Ind., E579 Goode, Virgil H., Jr., Va., E580 Putnam, Adam H., Fla., E576 Andrews, Robert E., N.J., E589 Graves, Sam, Mo., E572, E574, E575, E577, E578, E580, Rangel, Charles B., N.Y., E572, E574 Baldwin, Tammy, Wisc., E586 E584, E585 Rogers, Mike, Ala., E583 Berkley, Shelley, Nev., E589 Grijalva, Rau´ l M., Ariz., E586 Ruppersberger, C.A. Dutch, Md., E572, E574, E575, Boehner, John A., Ohio, E577 Hensarling, Jeb, Tex., E585 E577 Bordallo, Madeleine Z., Guam, E584 Higgins, Brian, N.Y., E571, E573, E575 Rush, Bobby L., Ill., E584 Burgess, Michael C., Tex., E587 Honda, Michael M., Calif., E577 Salazar, John T., Colo., E583 Castle, Michael N., Del., E589 Issa, Darrell E., Calif., E589 Sarbanes, John P., Md., E579 Coble, Howard, N.C., E578 Johnson, Eddie Bernice, Tex., E571, E573 Simpson, Michael K., Idaho, E588 Courtney, Joe, Conn., E583 Kirk, Mark Steven, Ill., E589 Space, Zachary T., Ohio, E572, E574, E575, E576, E578, Davis, Danny K., Ill., E572, E574 Kucinich, Dennis J., Ohio, E578 E580, E584, E585, E587 Davis, Lincoln, Tenn., E590 Latham, Tom, Iowa, E587 Stupak, Bart, Mich., E584 Edwards, Chet, Tex., E586 McCaul, Michael T., Tex., E584 Tanner, John S., Tenn., E585 Ellison, Kieth, Minn., E579 McCollum, Betty, Minn., E573, E575, E576 Udall, Mark, Colo., E580, E588 Emanuel, Rahm, Ill., E590 Markey, Edward J., Mass., E586 Upton, Fred, Mich., E571, E573, E575 Etheridge, Bob, N.C., E587 Miller, George, Calif., E585 Van Hollen, Chris, Md., E588 Feeney, Tom, Fla., E581 Musgrave, Marilyn N., Colo., E571, E573 Walberg, Timothy, Mich., E588 Filner, Bob, Calif., E590 Myrick, Sue Wilkins, N.C., E586 Weiner, Anthony D., N.Y., E579 Frelinghuysen, Rodney P., N.J., E580 Neugebauer, Randy, Tex., E589 Wu, David, Ore., E576

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